Drunk Driving Makes You Stupid

As an experienced Nashville automobile accident attorney I can tell you for a certainty that when it comes to drinking and driving,  that stupid is as stupid does. First of all, for people who haven’t been paying attention, it’s really stupid to get behind the wheel when you have been consuming alcohol. It’s stupid to get behind the wheel under the influence and speed. And stupider and stupider, when you get behind the wheel drunk and speed and have sex all at the same time.

Reference an article on the web page of Nashville WSMV TV. A couple had been out on the town, took drunk and came to the conclusion that it might be a good idea to engage in sex while they sped along into the night. Unfortunately the driver got somewhat distracted and left the road and rammed, at high speed, into a house.

The collision literally tore the kitchen off of the house. The homeowners and the driver lucked out. Only moments before the climax they had been sitting in the kitchen talking. Had they not moved to the living room they would have been killed and Loverboy and his princess would have been looking at some serious prison time.

The article went on to say that the driver’s blood alcohol level was double the legal limit. He told officers that he lost his concentration while having sexual relations with the woman in his truck while he was driving.

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.

Stupid Drivers

Many of you who have followed my blog “The Tennessee Auto Accident Attorney” are familiar with my yearly award of “The Worst Tennessee Driver”. As of late I have observed a new category and today I have two candidates to tell you about for the title of  “The Stupidest Tennessee Driver”. I am not sure what the criteria will be for this award but I sort of know it when I see it.

Let’s start with Michael Warejko, 20, who was charged by Johnson City Police with possession of marijuana for resale. Not only was he carrying a felony amount of pot in his trunk, but he had a small bag on the front seat and he was smoking as he drove. Knowing that you are carrying and using, a reasonable pot head would drive carefully and certainly within the speed limit. Mr. Warejko must have been in a hurry to get to the jail, he roars into Johnson City well in excess of the speed limit. He’s stopped for speeding, the officer smells the pot smoke, sees a bag of pot between his legs, searches the car and finds a felony size bag of pot.

The second candidate is running neck and neck for this coveted award. An unnamed Knoxville woman ignores the emergency lights on a Knoxville police car and pulls directly into the officer’s path. In an effort to avoid hitting her the officer swerves and hits a fire hydrant and a tree. The unnamed driver stops her car and gets out to check on the officer, but when he tells her she has to remain at the scene while he makes a report, she tells him she can’t because she has a doctors appointment, and she gets in her car and drives off.

Candidate one is in jail awaiting arraignment and candidate two, once the officers dash-cam identifies her, will wish she had followed the officers order. I hate to restate the obvious but studies indicate that marijuana and other drugs affect judgment and motor function. That’s all I can say about our first candidate, I guess that’s why they call it Dope.

As regards our errant Knoxville driver, a crash is any vehicle collision involving another vehicle, person or object. Drivers must notify local law enforcement officials of any crash involving death, injury or property damage over fifty dollars ($50). If You Are Involved In a Tennessee car accident — STOP! The law requires drivers of vehicles involved in crashes to stop immediately at the scene, or as close to the scene as possible without obstructing traffic. Notify the police immediately and do not leave the scene until dismissed by a police officer. After stopping your vehicle, give your name, address, driver license number and vehicle registration number to the other driver. Ask the other driver for the same information

Remain calm and stay at the crash scene. Don’t blame other people or accept blame, and don’t discuss the crash. Wait for the law enforcement officer and answer the officer’s questions truthfully and calmly. And finally, when an officer tells you to do or not to do something, respond appropriately.

If you or a loved one is killed or injured in a Tennessee automobile accident caused by a candidate for “The Stupidest Tennessee Driver”, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Stop Cell Phone Distraction

As an experienced Nashville automobile accident attorney I try to find relevant information that will educate my clients and Blog readers about Tennessee highway safety issues. A recent article from the website of the National Safety Council reviews studies done on the public attitude about distracted drivers. I reprint it here for your review. After you read it feel free to pass it on to your friends and family members.

The public strongly supports legislation to curb distracted driving, according to 20 public opinion surveys from 2001 – 2009 compiled by the National Safety Council. The surveys looked at behavior, attitudes about risk and support for legislation banning driver activities, such as talking on a cell phone.

The surveys are from the AAA Foundation for Traffic Safety (AAAFTS), Harris Interactive, Liberty Mutual Group, Nationwide Insurance, New York Times/CBS, Pew Research Center and Quinnipiac University Polling Institute.

The survey results are summarized below.

Legislative Support Summary

• Current public support for laws banning texting is very high at 80 to 97 percent, according to three surveys conducted in 2009 by Nationwide Insurance, New York Times/CBS and Quinnipiac University.

• Public support for laws banning handheld phones has been consistently high since 2001, with support levels of 73 to 86 percent. Most polls report at least 80 percent support, according to 10 national and state public opinion polls conducted from 2001-2009.

• Nearly 43 percent of the public supports a total cell phone ban, which includes banning handheld, hands-free and texting, according to the AAAFTS in 2009.

• Nationwide Insurance’s 2009 survey found 57 percent of respondents strongly or somewhat support total bans on cell phone use while driving, including banning hands-free.

• The public is quickly understanding the risks of texting while driving. According to a 2009 AAAFTS survey, 95 percent of respondents rated texting while driving as completely or somewhat unacceptable and 87 percent said texting or e-mailing while driving is a very serious threat to safety.

• Public support for legislation banning texting and/or e-mailing while driving is very high, ranging 80 to 97 percent (Nationwide, New York Times/CBS and Quinnipiac).

Risk Perception

• National and state surveys since 2001 show the majority of voters believe laws banning cell phone use while driving would increase safety.

• Public risk perception has in recent years shifted from “slightly or not dangerous” to “very dangerous.” Surveys in 2009 showed 71 percent of the public rated talking while driving on a handheld phone as “unacceptable” (AAAFTS). And 64 percent agreed talking on cell phones while driving is “dangerous” or “very dangerous” (Harris).

• In recent years, the public is rating cell phone use as more serious than other driver distractions (Nationwide).

• Despite public belief in the danger, nearly three out of 10 participants in a 2009 AAAFTS survey admitted to talking on a cell phone while driving fairly often or regularly in the preceding 30 days.

Handheld vs. Hands-Free

• The following has remained consistently high throughout the decade:

Support for legislation banning handheld phones

Belief that banning handheld phones will increase safety

Belief that talking on handheld phones while driving is a threat

• Public risk perception has been lower for hands-free devices than handheld phones, but support is growing for bans on both, according to recent findings of several organizations.

• Public knowledge and opinion about the risk associated with hands-free phone conversations do not yet reflect scientific evidence. In December 2009, NSC compiled 30 studies that compared talking on handheld and hands-free phones while driving. The studies found no increase in safety from using hands-free phones.

Texting

• According to CTIA-The Wireless Association, the recent increase in text messages sent per minute is dramatic:

2000 — 319

2005 — 223,595

2007 — 1,095,163

2008 — 2,509,750

• Despite majority public belief that texting is a serious threat to safety, the percentage of teens and adult drivers who report texting while driving is shown in multiple polls to be increasing (Nationwide, AAAFTS, Harris and Pew Research Center).

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a distracted driver contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and take advantage of free consultation to learn about your rights and remedies.

Strictly Enforce DUI Laws

As an experienced Tennessee car accident lawyer I want to remind you that driving with a BAC of .08 or higher is illegal in Tennessee and every other state. If you follow my Blog, The Tennessee Auto Accident Attorney”, you will know 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 and local law enforcement are dedicated to arresting impaired drivers wherever and whenever they find them, no matter whom they are.

Reference a recent report in several Montgomery County media outlets about a Clarksville, Tennessee police officer who was arrested in Henry County on charges of DUI and Implied Consent. The implied consent charge stemmed from his refusal to submit a breath test. While on administrative leave, and before a court appearance and departmental hearing the officer resigned his commission.

My experienced trying Tennessee automobile accident cases tells me that in order to send the right message to the driving public the enforcement of DUI laws has to cover everyone. Lives are at stake and DUI is a dangerous crime and should be treated as such.

If you or a loved one is injured or killed in a Tennessee automobile accident involving a drunk driver you owe it to yourself to contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Reduce Intersection Crashes

My experience as a Nashville automobile accident lawyer and my study on the subject of intersection crashes tells me that Red Light Cameras (RLCs) reduce the number of fatalities, personal injuries and property damages to a huge extent.

A recent Insurance Institute for Highway Safety study in Oxnard, California, showed that red light running violations dropped a total of 42 percent after well publicized photo enforcement was introduced. Another study in Fairfax, Virginia, showed that violations declined about 40 percent after one year of photo enforcement. A key to all effective traffic law enforcement is publicity; without it there is no deterrent effect, and the purpose of red light cameras is deterrence.

In a recent national survey of voters, Public Opinion Strategies found that fully 69% of Americans support the use of “red-light cameras” at the most dangerous intersections in their states, while just 29% oppose them. Those voters “strongly” supporting red-light cameras outnumber those who strongly oppose them by a wide 45%-18% margin.  The study showed support for these red-light cameras is not only very strong nationally, but cuts across all demographic and attitudinal groups, including men and women, young and old, Republicans and Democrats, and conservatives and liberals.

In Tennessee a number of cities and towns use the cameras and the results are positive. There is a move from some political persons to ban the use of RLCs statewide, claiming that they are a violation of our Constitution. I suggest that these political people, for whatever their reasons, leave the job of traffic enforcement to the local governments. Despite the fact that the statistics show a decrease in accident and injury, they simply deny the facts. It’s time for some leadership from our elected officials. To those “flat world politicians”, I suggest that we embrace technology in the spirit of saving lives.

If you or a loved one is injured or killed in a Tennessee intersection accident you are going to need an experienced Tennessee automobile accident lawyer, one who understand the myriad avenues of seeking just compensation for victims. Intersection accidents may well be the fault of the designers of the roadway as well as the speeding or negligent driver who hits you. At Phillip Miller & Associates we have just the kind of experience tht you need to assure you are adequately compensated.

Drug Impaired Driving

As an experienced Nashville automobile accident attorney I can tell you that if you smoke some crack, ingest some morphine and get behind the wheel of a motor vehicle with no driver’s license, no registration, no insurance and you run from a police traffic stop, things aren’t going to go well for you. Top it off with you running over and killing your passenger who tries to bail out during the chase and the result will be prison time. In the case of a Bristol Tennessee woman the prison time amounted to 9 years. What a downer.

Just about everyone has heard, “Don’t Drink and Drive” and “Friends Don’t Let Friends Drive Drunk, but there are many dangers associated with getting behind the wheel of a car (or bus, train, or plane) while high on crack and morphine and we hardly ever hear someone say friends don’t let friends drive on crack and morphine. I mean, who has to be told that crack and morphine don’t go well with driving?

Crack and Morphine use impair one’s ability to reason and make decisions, and slows reaction time. In addition, motor skills and visual tracking ability are diminished. Another reason why driving would not be safe while high is that users usually feel a bit tired, and have difficulty concentrating. Sometimes people experience anxiety and/or visual, perception, and time distortions, none of which would help with navigating a vehicle on a road.

If you are the victim of a Nashville or Tennessee automobile accident caused by a drug ingesting driver we urge you to contact our experienced Tennessee car accident attorneys today for a free consultation. When you hire a Nashville 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.

Choose An Experienced Automobile Accident Attorney

One of the benefits of retaining an experienced Nashville automobile accident attorney to protect your interests after you have been involved in a Tennessee automobile accident is that we understand that the best results come from the best beginnings. Immediate involvement of an experienced attorney means to the investigation will be thorough.

When a Tennessee automobile accident is caused by a drunk driver breath and blood tests can disclose the alcohol content of the driver. It becomes trickier when the accident is caused by a drowsy driver or one who suffered some sort of medical emergency. This is what we do at Phillip Miller & Associates. Our investigators know the ropes and have years of experience getting to the truth of the matter.

Dealing with an unexpected accident or serious injury caused by somebody else’s negligence can be a traumatizing and life-changing event, but you shouldn’t have to face the future alone.  If you are a Tennessee resident suffering from the effects of a serious Tennessee auto accident, workplace injury, tractor trailer accident, or motorcycle crash then the experienced Nashville automobile accident attorneys at Phillip Miller & Associates are here to fight for the justice and compensation you deserve.  We are a firm of local Tennessee attorneys and staff who for the past 25 years have dedicated our lives to protecting the rights of injured men, women, and children in Tennessee.

Hit & Run Drivers

In my many years as a Tennessee automobile accident lawyer I can tell you that Hit & Run drivers are, in my consideration, the worst kind of human being. Most H&R drivers are under the influence of alcohol, others have already run afoul of the law and have lost their driving privileges, yet they continue to get behind the wheel and ignore the rules.

Many H&R drivers are trying to avoid detection because they don’t have insurance and they don’t want to face the responsibility for their actions. No matter which category they fall into they are the very worst type of person, someone who will leave an injured or dying pedestrian lying in the street.

Reference and article today on the website of WBIR TV in Knoxville, reporting on the H&R killing in Harriman Tennessee, of 33-year-old Alicia Gilreath. Police are looking for a gray Ford pick-up truck with right side damage. The scumbag who was driving this truck, hit a woman hard enough to tear parts of the right side of his/her pickup and then left her lying in the street to die alone.

Tennessee is joined by 46 other states in making H&R a felony as it should be. If you or a loved one is injured or killed by a Tennessee hit & run driver, recovering damages for your loss can be a tricky proposition and you will need an experienced Nashville automobile accident attorney to help you protect your rights. At Phillip Miller & Associates we can help you.

Hit & Run

On December the 14^th my Tennessee auto accident attorney blog identified the chief contender for the most thoughtless Tennessee driver of 2009. She was drinking, texting and driving with her several day old baby unrestrained when she hit a sign and crashed her car injuring the baby. I thought that this late in the year I wouldn’t find a driver that even came close to this person, but then I read an article in several Nashville media outlets describing the arrest of Angela Marie Shenkle and I think I will be forced to reconsider.

It seems Ms. Shenkle has been charged following an incident in which she stuck and killed a Madison pedestrian as he walked along Gallatin Pike in Nashville. Investigators quoted in the articles believe that she was under the influence of alcohol and drugs. When they located her they found two syringes and two bottles of liquor in her vehicle. To take this tragic story to another level of madness, investigators believe she was involved in a Hit & Run on another pedestrian earlier that same evening. Ms. Shenkle was charged with unlawful use and possession of drug paraphernalia, drug possession without a prescription and DUI. I would expect that homicide charges will follow after the investigation is completed. The identity of the Madison man was not released but I have added him to my prayers along with Ms. Shenkle.

As an experienced Nashville automobile accident attorney I’ve seen dozens of Hit & Run cases, but never have I seen one that makes me think at first glance that a driver was going around town trying to hit pedestrians. Now, don’t get me wrong, I only know about this what I read in the articles but this gal is cold-blooded. Imagine, hitting a human being with your car and leaving them to die alone in the street. After Ms. Shenkle is finished with whatever punishment she gets for this crime, she should permanently forfeit her privileges to operate a motor vehicle in Tennessee.

Hit & Run drivers are, in my consideration, the worst kind of human being. Most H&R drivers are under the influence of alcohol, others have already run afoul of the law and have lost their driving privileges, yet they continue to get behind the wheel and ignore the rules. Many H&R drivers are trying to avoid detection because they don’t have insurance and they don’t want to face the responsibility for their actions. No matter which category they fall into they are the very worst type of person, someone who will leave an injured or dying pedestrian lying in the street.

If you or a loved one is injured or killed by a drunk Hit & Run driver recovering damages for your loss can be a tricky propostition and you will need an experienced Nashville automobile accident attorney to help you protect your rights. At Phillip Miller & Associates we can help you.

Take Them Off The Road

As an experienced Nashville automobile accident attorney I find that the most frustrating types of traffic offenders are drivers who ignore the law and drive on suspended or revoked drivers licenses. First of they are troublesome because they have already shown that they are dangerous and have usually had one or more violations of drunk driving statutes, and secondly, because they are unable to have automobile accident insurance.

Revoking or suspending a driver’s license is a common penalty for many traffic infractions, including those related to impaired driving.  Unfortunately, many offenders continue to drive despite a license suspension or revocation. It is not unusual for drivers with suspended licenses to receive additional traffic citations or to be involved in crashes when their licenses have been suspended.

These drivers kill and injure other drivers at an alarming rate. Witness a terrible accident yesterday in Clarksville, Tennessee. According to an article on the web site of WSMV TV in Nashville, which reports an accident involving an unlicensed driver with numerous outstanding warrants and driving on a suspended licensed, failed to yield while turning left and crashed head-on into a police car seriously injuring Officer Arthur McCray. Officer McCray underwent surgery yesterday to repair a seriously injured leg and is listed in stable condition. I send out my prayers and best wishes for a speedy and complete recovery to Officer McCray.

What to do with people like Marshus Brewer who simply refuse to respect the rule of law and ignore the authorities attempts to keep him off the roads? Many states are initiating programs using ignition interlock systems. An ignition interlock is a sophisticated system that tests for alcohol on a driver’s breath. It is a device that requires a vehicle operator to blow into a small handheld alcohol sensor unit that is attached to a vehicle’s dashboard. The car cannot be started if a BAC is above a preset level. Alcohol safety interlocks that meet the standards issued by NHTSA not only require a test to start the engine, but also require a test every few minutes while driving. Called the “rolling or running retest,” it prevents a friend from starting the car and then allowing an impaired driver from taking over the wheel.

In addition to this technology these states have begun an aggressive impoundment program. If the state starts taking the vehicles of these people and the people who allow them to drive their own cars, things will start to change. In this case Mr. Brewer was driving a vehicle owned by his girlfriend. You can be sure that the police will inquire as to whether she gave him permission to drive her SUV.

As an experienced Nashville automobile accident attorney I have to keep up with legislative initiatives and it is my understanding that during the upcoming Tennessee legislative session there are several bills aimed at using the interlock systems and impoundment. These are tough cases for the victims and to protect your rights and secure an appropriate remedy you really need experienced Tennessee automobile accident attorney’s like those at Phillip Miller & Associates. Call for a free, no obligation, consultation.