Stop Repeat DUI Offenders

An intereting report by the Insurance Institute for Highway Safety shows that DWI offenders pick interlocks systems over house arrest. Alcohol ignition interlocks are a proven tactic to reduce repeat offenses for driving while intoxicated (DWI), but given a choice most offenders don’t voluntarily put them in their vehicles. Even when installation is mandatory, some offenders may sidestep the requirement by agreeing not to drive at all or claiming not to have a vehicle.

When the alternative is house arrest, though, convicted DWI offenders pick interlocks 7 out of 10 times. This is the main finding of a Pacific Institute for Research and Evaluation study of one New Mexico counties experience with interlocks. The study looks at Santa Fe, where four judges agreed to a 2-year pilot to sentence all DWI offenders, including first-timers, to home confinement via electronic monitoring as an alternative to interlocks if they claimed to have no car or no intention to drive. The aim was to boost DWI offenders’ use of interlocks.

At the time, the state required interlocks for all convicted multiple DWI offenders and first aggravated offenders (BACs of 0.16 percent or higher). Interlocks prevent alcohol-impaired drivers from starting their vehicles. Drivers blow into a breath-testing unit and must register a blood alcohol reading below a preset level, which is usually well under the legal blood alcohol concentration (BAC) threshold of 0.08 percent, in order to start the vehicle. If the reading exceeds the level, the engine won’t turn over.

Researchers compared Santa Fe’s installation rates between June 1, 2003, and May 31, 2005, with all other New Mexico counties. During this period, 70 percent of drivers convicted of DWI in Santa Fe installed interlocks, compared with 17 percent in other counties. The finding is in line with a 2002 study of a similar program in Hancock County, Indiana. The judges stopped using the house-arrest option in 2006 after a state court rejected this sanction. Santa Fe’s interlock installation rate fell 19 percentage points in the 2 years following the program’s termination. But installations rose in most other counties during the 2006-07 period after New Mexico began to require interlocks for all convicted DWI offenders, not just those committing an aggravated offense.

New Mexico’s results show that “motivating interlock installation by providing a less desirable alternative to the interlock can substantially increase the number of DWI offenders who install interlocks,” the authors note. Interlocks successfully reduce the risk that repeat offenders will commit further violations, a 1999 Institute study found. Interlock restrictions reduced the risk of committing an alcohol-related traffic violation within the first year following conviction by nearly 65 percent.

In May 2010, Tennessee Governor Phil Bredesen signed into law a tougher interlock law that requires the use of ignition interlock devices if the offender has a blood alcohol concentration (BAC) of 0.15 percent or higher; is accompanied by a person under 18 years of age; or violates the present implied consent laws. The legislation also provides that those convicted of drunk driving with a BAC under 0.15 have the option to install an ignition interlock device instead of being geographically restricted by a court.

If you or a loved one is injured or killed in a Tennessee auto accident caused by a drunk driver contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates and take advantage of a free consultation to find out all you need to know about obtaining a full and complete financial receovery.

Motorcyclist fatalities dropped by 16% during the first nine months of 2009 across the 39 states that reported monthly data. Most states have quite complete traffic fatality counts for this period. While fatality data for the final months of 2009 are less complete, the decrease for the full year nationwide is expected to be at least 10%. If there is a 10% decrease, then motorcyclist fatalities dropped from 5,290 in 2008 to no more than 4,762 in 2009.

For the full year, about three-quarters of the states are expected to have fewer motorcycle fatalities than in 2008. States suggested several reasons for their motorcyclist fatality decreases: less motorcycle travel due to the economy, fewer beginning motorcyclists, increased attention to motorcycle safety programs in the states, and poor cycling weather in some states.

If you or a loved one is injured or killed in a Tennessee motorcycle accident by the negligence of another driver contact the experienced Nashville motorcycle accident attorneys at Phillip Miller & Associates and take advantage of a free consultation.

Tennessee Intersection Collision

WRBC TV in Chattanooga Tennessee reports on a tragic but very preventable automobile motorcycle accident just across the Tennessee line in Georgia. The victims, an adult driver and a 7-year-old passenger who was hospitalized and is expected to recover. The pickup was stopped at an intersection and for some unknown reason, he was probably distracted, pulled out into the path of the oncoming motorcycle. The distracted pickup driver was driving without a license.

More crashes happen at intersections than at any other place. Intersections constitute a very small part of rural and urban street/highway systems, yet they are implicated in 31.9 percent of all motor vehicle crashes and 15.5 percent of all fatal crashes (2004 NHTSA data). Be very careful when approaching any intersection or driveway. Never assume another driver will yield the right-of-way to you. Always be prepared to stop.

Approaching intersections safely. To do the Tennessee Rules of the Road suggest that you employ a concept called “Traffic Checks”, which is the process of looking frequently and carefully for vehicle traffic approaching from each direction. “Traffic Checks” is especially important when merging or changing lanes AND when approaching and crossing intersections. Below are five things to remember to navigate an intersection safely:

Preventing injuries and deaths at intersections should be a high priority for towns and cities. The National Highway Traffic Safety Administration (NHTSA) reports that in 2005 alone, nearly 9,200 people died and approximately one million people were injured in intersection-related crashes which account for approximately 40-45 percent of all crashes.

If you or a loved one is injured or killed in a Tennessee intersection collision contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

Man Meets Firey Death

I don’t have enough facts to report what it was that caused a Dunlap Tennessee man to veer off of the road hit a group of large trees and catch on fire trapping his passenger inside the vehicle, resulting in his death. It is beyond question that something distracted him from the task at hand. Whatever it was during the seconds before he left the road, this man, who escaped from the burning vehicle unharmed,  will have plenty of time to think about it.

As an experienced Nashville automobile accident attorney we know that these crashes are referred to as “Roadway Departure Crashes” (RDCs). The Federal Highway Administration defines a RDC as a non-intersection crash that occurs when a vehicle crosses an edge line or a centerline, or otherwise leaves the traveled way.

According to the Federal Highway Administration roadway departure crashes are frequently severe and account for the majority of highway fatalities. In 2008, there were 19,794 fatal roadway departure crashes resulting in 22,080 fatalities, which was 53 percent of the fatal crashes in the United States.

Driver inattention is the leading factor in most crashes. Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event.  Primary causes of driver inattention are distracting activities, such as cell phone use, and drowsiness.

If you or a loved one are involved in a Tennessee automobile accident caused by a distracted driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

http://www.newschannel9.com/news/car-993256-county-trapped.html

Motorcycle Roadway Departure Crash

As an experienced Nashville automobile accident lawyer I have come to learn that accident investigators may never be able to determine what caused a fatal or near-fatal accident. The classic case in this category is the one where the driver is alone on a deserted highway and they leave the road and either roll over or slam into a hard object.

Others, like a recent motorcycle accident in Christian County Kentucky just north of the Tennessee line fit squarely into this category. According to local news media a motorcyclist was traveling East on I-24 when he suddenly switched lanes, crossed the median and then the oncoming lanes and launched the bike which landed in the upper branches of a tree. What could possible have precipitated this accident? Did he have a mechanical failure? Was he distracted?

If there is a happy aspect of this horrible crash it’s that he passed through the oncoming lanes without being hit by a tractor-trailer or other vehicle. Our prayers go out to the man for a quick and complete recovery. He is in serious condition at Vanderbilt Medical Center.

As an experienced Nashville automobile accident attorney I know that these crashes are referred to as “Roadway Departure Crashes” (RDCs). The Federal Highway Administration defines a RDC as a non-intersection crash that occurs when a vehicle crosses an edge line or a centerline, or otherwise leaves the traveled way.

According to the Federal Highway Administration roadway departure crashes are frequently severe and account for the majority of highway fatalities. In 2008, there were 19,794 fatal roadway departure crashes resulting in 22,080 fatalities, which was 53 percent of the fatal crashes in the United States.

If you or a loved one is injure or killed in a Nashville interstate highway accident caused by a negligent driver contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates for a free consultation about your rights and remedies.

Avoid Distractions

As an experienced Nashville automobile accident attorney I’ve always thought that a particular kind of auto accident was, for lack of another description, difficult to understand. The accidents I’m referring are the ones where a vehicle races forward, out of control, and crashes into or through a building. The usual explanation is that the gas pedal stuck or that I meant to hit the brake and I hit the gas.

Many, but not all of these types of car crashes involve older drivers who are experiencing medical emergencies. Take for instance a recent Nashville car crash in which the driver of her brand new BMW was parking her car outside of her place of employment, when she thought she was applying the brake, she floored the gas pedal and crashed through the window and into the building.

The best idea that I can come up with is that the driver is simply not paying attention to what they are doing. They have allowed themselves to be distracted. According to the National Highway Traffic Safety Administration driver inattention is the leading factor in most crashes. Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event.  Primary causes of driver inattention are distracting activities, such as cell phone use, and drowsiness.

The distraction can be just about anything, thinking about personal problems, applying makeup, talking to a passenger, drinking coffee or eating, the list is endless. Just think about it, if we could educate people on the danger of distraction while driving and they would make a serious attempt to maintain their focus on their driving, we could seriously reduce crashes.

If you or a loved one is injured or killed in a Tennessee automobile accident by a distracted driver you owe it to yourself to contact the experienced Nashville auto accident lawyers at Philip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies.

Alcohol & Speed A Toxic Mix

The news photos of the wrecked car were horrifying. The 1999 Saab 93 had been speeding and weaving through interstate traffic when it was forced to go to one lane in a construction zone and was unable to keep control of his vehicle and slammed at high speed in the rear-end of a tractor-trailer.

What is there to say? The 47-year-old man was airlifted to a Memphis hospital and is critical condition. What caused the driver to act like this? You guessed it, alcohol. Police investigators say that the scene and the inside of the vehicle were strewn with alcohol containers. My prayers for a speedy recovery go out to this guy. My prayers of thanks that this guy didn’t kill anyone else.

As an experienced car accident lawyer I want to remind you that driving with a BAC of .08 or higher is illegal in every state. If you follow my blog you will see that in Tennessee we continue to see a tragic number of people with debilitating injuries and deaths as a result of impaired driving. This careless disregard for human life must stop. To help ensure that happens, the Tennessee Highway Patrol press release makes clear that it is dedicated to arresting impaired drivers wherever and whenever they find them.

Drunk driving is one of America’s deadliest crimes. In Tennessee in 2008, 327 people were killed in crashes where the driver or motorcyclist had a blood alcohol concentration (BAC) of .08 or higher. That is down from 377 people killed in 2007 with a BAC of .08 or higher. Over the 2008 Labor Day holiday, 12 people were killed in 10 fatal crashes on Tennessee roadways, down from 17 people killed on Tennessee roadways in 2007.

If you or a loved one is injured or killed in a Tennessee car crash caused by a drunk driver you owe it to yourself to contact the experienced Tennessee automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies.

Witness told police that these children raced in a residential area when the Toyota driver lost control, went airborne and hit a utility pole splitting in half and landing on it’s roof in the yard of a residence. The driver was trapped in the car and had to be extricated by emergency personnel. She is hospitalized in very serious condition. My prayers go out to her and family as well as my wishes for a speedy and complete recovery.

Motor vehicle crashes are the leading cause of death for American teens. Most Americans typically learn to drive during the teen years, when the brain is not fully mature yet. Recent research is beginning to give us insight why many teens have difficulty regulating risk-taking behavior:

* The area of the brain that weighs consequences, suppresses impulses and organizes thoughts does not fully mature until about age 25.

* Hormones are more active in teens, which influence the brain’s neuro-chemicals that regulate excitability and mood. The result can be thrill-seeking behavior and experiences that create intense feelings.

Teen Drag Racing Crash

In addition to laws, safety experts agree that parents play a key role in helping teens become good drivers. Parents should not rely solely on drivers education classes to teach good driving habits and should restrict night driving, restrict the numbers of passengers riding with their teen, supervise practice driving, always require use of seat belts and choose vehicles for safety, not image. Parents can also set a good example by practicing safe driving techniques themselves.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a teen driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Hit & Run Arrest

As an experienced Nashville auto accident lawyer I have become well acquanted with the Forrest Gump rule of “…stupid is as stupid does.” This guy is a powerful example of that rule.

In order to avoid a possible DUI citation a Campbell County Tennessee man ends up charged with criminally negligent homicide, leaving the scene of an accident involving death and filing a false police report. This is good example of the kind of good thinking you do when you are under the influence, but hey, he didn’t get a DUI.

According to local news articles the 29-year-old man was driving along at about 11PM when he struck a pedestrian who was walking home from work. The other man was also 29-years-old and his body was found lying alongside the road at 7 AM the following morning. According to police investigators they were able to determine the make and color of the truck from debris left at the scene of the crash.

The driver filed a police report the following day saying that his yellow GMC pickup truck had been stolen sometime the evening before. Another stupid move. Police found the vehicle abandoned in a secluded area and arrested the owner-driver a short time later.

Those of you who are regular readers of this blog know how I feel about people who hit and possible kill another human being and resist the normal urge to stop, get out and help that person, but instead drive off and hide, leaving the unfortunate victim to die in an effort to avoid responsibility for their dastardly deed.

If you are the victim of a Nashville or Tennessee automobile accident we urge you to contact our car accident attorneys today for a free consultation. When you hire an auto accident attorney from Phillip Miller & Associates, you’re getting a qualified and dedicated lawyer. Details about our attorneys and staff can be found by viewing our website at www.seriousinjury.com where you can get to know the men and women who will be looking out for your best interest.

Teen Alcohol Abuse Over 4th of July Weekend

Since 2008, celebrating the Fourth of July has meant enjoying a 3-day weekend. With parades, picnics, and fireworks, the festivities, according to the report, can all too often lead to a trip to the hospital emergency room for underage individuals who have been consuming alcohol.

On an average July day in 2008, there were 502 emergency department (ED) visits involving underage alcohol use across the United States, according to estimates from the Drug Abuse Warning Network (DAWN). Over the 3-day Fourth of July holiday weekend, however, the number of daily ED visits jumped to 938, an increase of 87 percent. While all underage alcohol consumption is of concern, consumption that leads to a hospital visit should be of particular concern to adults and to health care professionals.

If you or someone you love has been hurt in a serious Tennessee car accident due to somebody else’s negligence, then you may be feeling angry, frightened, or even alone in your suffering.

There is no reason for you to bear your burden alone.  The experience of a Tennessee auto accident is traumatic enough and your recovery will bring its own challenges.  You don’t need the added stress of worrying about who will pay for the medical care you need, how your car will be repaired, and if the individuals responsible for your suffering will be brought to justice.  This is the time to call Phillip Miller & Associates, the law firm of local Tennessee attorneys and staff who for the past 25 years have dedicated their lives to protecting the rights of injured men, women, and children in Tennessee.