Sometimes media reports provide so little information you wonder why they even bother to mention an incident. This happened in the Memphis Commercial-Appeal yesterday when it reported on a pedestrian car accident involving a 2-year-old. All we know is that a 71-year-old woman was leaving an apartment complex when she ran over a 2-year-old boy. The article did mention that the boy had minor injuries and is in stable condition. My prayers go out to the lady and the boy.

The main question I had when I read this article is what is a 2-year-old baby doing outside in an apartment complex without supervision. It is the parents responsibility to protect their children and that failure to supervise when the child is in a dangerous place is negligence on the part of the parent.

When this parent shows up at a personal injury lawyer’s office and wants to sue the driver, the lawyer is in a difficult position. Liability against the driver is contingent on whether she was negligent, but the parent has to understand that any jury is going to decide whether the drivers negligence is responsible for the injuries or the parents failure to supervise the child in a dangerous place like an apartment complex.

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.

Protect Your Children

Child safety seats reduce fatal injury by 71 percent for infants (less than 1 year old) and by 54 percent for toddlers (1 to 4 years old) in passenger cars. Young children restrained in child safety seats have an 80 percent lower risk of fatal injury than those who are unrestrained.

Tennessee was the first state in the country to pass a Child Passenger Protection Law requiring children to be restrained in child safety seats (car seats and booster seats).

A.  A child under one year old, or any child weighing less than 20 pounds, must be in a child passenger restraint system (car seat) that is facing the rear of the car.

B. Children who are one through three years old, and who weigh more than 20 pounds, must be in a child passenger restraint system that is facing forward.

C. Children who are four through eight years old and whose height is under four feet, nine inches, must be in a belt positioning booster seat system (child booster car seat) and wearing a seatbelt.

I have good news for citizens of Hamilton County Tennessee. The Hamilton County Sheriff Department has announced the first ever child safety seat check. Operation “Safe Journey” will take place on September 7, 2010 and will address the proper use of child safety seats. Following the initial event the safety team will be available for parents at the Sheriff’s West Annex on the first Tuesday of each month during the hours of 11:00 AM to 1:00 PM, and on the second Tuesday of the month at the same time at the Highway 58 K-Mart. My hat is off to the Sheriff for this program.

If you or a loved one is injured or killed in a Tennessee highway automobile accident contact the experienced Nashville automobile accident law firm of Phillip Miller & Associates and take advantage of a free consultation with a Board Certified Civil Trial lawyer to determine your rights and remedies.

Teach your Child To Take A Minute And Buckle Up

As an experienced Tennessee auto accident lawyer I have been focusing on parents of teen drivers here during this past week. There are so many things to talk about but today it’s about getting your child to understand the importance of wearing their seatbelts. It’s really a simple concept that takes only a second or two to complete, but failure to exercise it can lead to catastrophic results. The use of seat belts is required under  Tennessee law. Seat belts can, and often do, help save you and your passengers’ lives in the event of a traffic crash.

The problem is that statistics show that teens buckle up far less frequently than adults do. The very first thing you, as a parent, can do is set the right example for your children by buckling yourself up every time you get in the car. Make it an issue, talk about it and make sure everyone in the vehicle is buckled up before you start the car.

When your teen is ready to drive, remind them that whether they are driving across town or just around the neighborhood, wearing seat belts is the absolute best way to protect themselves and their passengers from severe injury or even death in the event of a crash. Remind them that f they are driving on a graduated drivers license and they are pulled over and not wearing their seatbelt they can lose their driving privileges and have a high dollar ticket to pay.

Despite efforts aimed at increasing belt use among teens, observed seat belt use among teens and young adults (16 to 24 years old) stood at 76 percent in 2006 – the lowest of any age group.  In 2007 alone, 4,540 teenagers aged 16 to 20 years old were killed in motor vehicle crashes, and more than half (2,502) were not wearing their seat belts at the time of the crash.

We don’t know what the outcome would have been for those 2,502 teens had they buckled up, but statistics tell us that in that same year, 72 percent of the passenger vehicle occupants involved in fatal crashes who were wearing their seat belts survived the crash.

If you are in need of a consultation as the result of an automobile accident contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates.

Parental Control

As an experienced Tennessee auto accident lawyer I am a big supporter of the Tennessee graduated drivers license scheme. I believe that it saves the lives of our children and those unfortunate enough to come into contact with them on the highway

As a parent it is your duty to talk to your teen driver about when you expect them to have the car back in the driveway. The reason for setting a “home-by” rule is to protect your kids by keeping them from driving during the high-risk nighttime hours. In 2006, 75 percent of all fatal nighttime crashes involving 16 year-old drivers happened between 6 pm and midnight.

Under the Tennessee GDL what are the night time restrictions for drivers with a learner permit?

Anyone under the age of 18 who has a learner permit will be prohibited from driving between the hours of 10 p.m. and 6 a.m. When driving, permit holders must have a licensed driver age 21 or older in the vehicle with them. Seatbelt use is mandatory for everyone in the vehicle under the age of 18 (passengers age 3 and under must be in an approved child restraint device).

What are the evening restrictions for drivers with an intermediate restricted license?

Those with an intermediate restricted license are prohibited from driving between the hours of 11 p.m. and 6 a.m., UNLESS:

* They are accompanied by a parent or guardian;

* They are accompanied by a licensed driver 21 or older who has been designated by the parent or guardian. This designation must be in writing and be in the possession of the teen driver;

* They are driving to or from a specifically identified school sponsored activity or event and have in their possession written permission from a parent or guardian to do this;

* They are driving to or from work and have in their possession written permission from a parent or guardian identifying the place of employment and authorizing the driver to go to and from work;

* They are driving to or from hunting or fishing between 4 a.m. and 6 a.m. and have in their possession a valid hunting or fishing license.

Teach your children well and they will grow up to have children of their own. Teach them that there are serious consequences if they are caught in violation of these curfews. If you or a loved one is injured or killed in a Tennessee car crash caused by a teen driver you owe it to your self to contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates.

Don't Get Too Busy

I have been sitting on this story for a couple of days now and I can’t seem to get a handle on it. A woman was parked outside a South Nashville Laundromat waiting for her boyfriend to empty a couple of dryers. Apparently he was not progressing fast enough so she decided to help him. Trouble was, she had four children in the car, which she left running while she went inside.

You guessed it, a running car just sitting there, no adult in sight, and a guy comes along and sees a great opportunity to snag a new SUV, maybe make some money, or maybe he was just tired of walking. Did I mention she left her purse opened on the front seat? He quickly forced the two older kids out of the car and then he took off with two babies, a 3-year-old and an eleven-month-old in car seats.

Luckily for everyone involved, except the car thief, a stranger saw they event go down and followed the vehicle and found it three miles from the Laundromat. The kids were safe, her money from the purse was missing and the whole thing had a happy ending.

The lesson here is simple, always think of your children’s safety first. Leaving your children alone in a running vehicle can have all sorts of bad outcomes and car theft is not the worst of them. Over the several decades that I have been a personal injury lawyer I have seen cases where one of the older children got behind the wheel, changed gears and the vehicle lurched forward into an intersection where it was t-boned and the two children were killed.

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.

Teen Drivers

Motor vehicle crashes are the leading cause of death for 15- to 20-year-olds, causing roughly one-third of all deaths for this age group. Teenagers are overrepresented in traffic crashes both as drivers and as passengers. On the basis of miles driven, teenagers are involved in three times as many fatal crashes as all other drivers. The high crash-involvement rate for this age group is caused primarily by their lack of maturity and driving experience coupled with their overconfidence and risk-taking behaviors.

High-risk behaviors include failure to wear safety belts, speeding, and driving while impaired (by alcohol or other drugs), and drowsy or distracted driving. This age group is particularly susceptible to distractions caused by other passengers in the vehicle, electronic devices, and music. A larger percentage of fatal crashes involving teenage drivers are single-vehicle crashes compared to those involving other drivers. In this type of fatal crash, the vehicle usually leaves the road and overturns or hits a roadside object such as a tree or pole.

In general, fewer teens wear their safety belts compared to other drivers. A larger proportion of teen fatal crashes involve speeding, or going too fast for road conditions, compared to other drivers. More teen fatal crashes occur when passengers, usually other teenagers, are in the car than do crashes involving other drivers. Two out of three teens who die as passengers are in vehicles driven by other teenagers.

As parents of Tennessee teen drivers it it our responsibility to teach them and see that they practice safe driving skills. If you want to learn more about how to do that, contact the experienced Nashville auto accident attorneys at Phillip Miller & Associates and take advantage of their decades of experience.

Don't Send A Child Home From School In An Ambulance

The Tennessee Highway Patrol and local police and sheriff departments are gearing up for the school year with a heightened enforcement campaign to keep children safe in and around school zones. Cracking down on motorists who disregard laws designed to protect children and monitoring school zones and bus stops are just one of the components of the enforcement effort.

“As thousands of students return to the classroom on foot or in school buses, we want to remind everyone to be extra cautious around school zones,” said Department of Safety Commissioner Dave Mitchell. “The goal of the Tennessee Highway Patrol is to help local law enforcement and schools protect children from drivers who may be distracted, impatient or careless.”

State Troopers are urging motorists to be alert, slow down and be careful in school zones, while also encouraging caregivers to educate children on safety measures when walking, biking or riding the bus to school. Motorists should be aware that the speed limit is 15 mph in school zones and the fine for speeding in a school zone is up to $500 dollars. It is also against the law to pass a school bus when it is stopped and loading or unloading passengers. The driver can be fined no less than $250 and up to $1,000.

“Motorists can expect stiff penalties for driving unsafely in school zones and for placing our children at risk while doing so,” said THP Colonel Mike Walker. “But there is no punishment more severe than the lifelong guilt and remorse for hitting or killing a child. We are asking everyone to do their part to help a Tennessee child make it to school and home safely.”

In 2009, State Troopers issued 5,445 citations in school zones. Of those citations, 973 were speeding violations, while one citation was handed out for passing a stopped school bus. Since 2006, there has been a 15.9 percent decrease in the number of crashes occurring in school zones between the hours of 6 a.m. and 9 a.m. and the hours of 2 p.m. to 5 p.m. There was also a 13.5 percent decline in the number of school bus-related crashes between those same hours.

Each day, 25 million children in the United States ride school buses, including 600,000 in Tennessee, according to the National Highway Traffic Safety Administration (NHTSA). The National Safety Council (NSC) reports approximately 26 students were killed while they were entering or exiting a bus in the U.S. last year. Close to 800 children are killed annually and many more injured going to and from school in a vehicle other than a school bus, according to the NSC.

If you or a loved one is injured in a Nashville school zone accident caused by a negligent driver, contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and put a Board Certified Civil Trial Lawyer on your legal team, you will be glad you did.

School Bus Safety

As an experienced Nashville automobile accident attorney I’d like to take this opportunity to remind my readers that school is back in session and in your everyday drive you will be coming into contact with those large yellow things with blinking lights called school buses. They are yellow and have blinking emergency lights so that drivers will practice safety around them so that children don’t die.

Two Nashville area automobile school bus collisions leave three children hospitalized with injuries. The Nashville accident occurred when a pickup truck slammed into the rear of a school bus stopped at a railroad crossing. The second school bus automobile accident occurred when a teen aged driver slammed into the back of the bus.

Since 1996, 1,536 people have died in school transportation-related crashes an average of 140 fatalities per year. Most of the people who lost their lives in those crashes (72%) were occupants of other vehicles involved. Non-occupants (pedestrians, bicyclists, etc.) accounted for 20 percent of the deaths, and occupants of school transportation vehicles accounted for 7 percent.

As an experienced Nashville automobile accident attorney I’m trying to visualize how these accidents could have taken place. School buses, as I mentioned above, are large and yellow and the rear end of the bus is adorned with an array of warning lights and signs that remind the drivers following them that the school bus always stops at rail road crossings.

Analyzing these case from only the information in the articles is difficult, but it’s obvious that both of the drivers who hit the buses were somehow distracted by something not related to their driving and not paying attention to the road in front of them. 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.

If you or a family member is injured or killed in Tennessee school bus accident contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and put a Board Certified Civil trial lawyer on your side.

Teen Angst

The May 10, 2004, issue of Time magazine ran a cover story on the “Secrets of the Teen Brain.” The main premise of this article is that new research suggests that teens have less control over their actions and are less capable of fully rationale behavior than originally thought. Rather than reaching maturity at 12 or 13, scientists now believe that the human brain is not fully developed until age 25.

The area of the brain that is the last to develop is the prefrontal cortex, home of the executive functions of planning, setting priorities, suppressing impulses, and weighing the consequences of one’s actions. This is the part of the brain that eventually will make the teenager more responsible, but it is a long way from being developed when teens first get their driver’s licenses.
Hormones also play a part in teen behavior. Sex hormones are most active in the limbic center, which controls emotions.

Teens tend to seek out experiences that cause their passions to run wild. It contributes to the adolescent tendency to thrill-seek. The immaturity of the nucleus accumbens may cause teens to be poorly motivated to seek rewards. They tend to seek situations with high excitement that involve minimal effort. Street racing clearly meets this desire while buckling up and driving conservatively because it may save your life just does not sell.

The significance of this research for traffic safety has yet to be defined. As one scientist pointed out, rental car companies will not let you rent a car until you are 25 years old, yet most States give 16-year-olds licenses to drive. It is not likely that the driving age will be raised to 25, but a case could be made for more extensive research into what is reasonable to expect from teenagers and how the system can be modified to better protect them from themselves.

If you or a loved one is injured or killed in a Nashville auto accident caused by a teen driver the law can be complex and you owe it to yourself to consult with experienced Nashville auto accident lawyers like those you can find at Phillip Miller & Associates.

Too Young To drive

In a recent article in the Nashville Tennessean, writer Jennifer Brooks posits an interesting question,  “Would Tennessee teens be safer as older drivers?” She points out that every year thousands of 15 year-old drivers take to the highways and byways of Tennessee. As an experienced Nashville automobile accident lawyer I can tell you that many of them are dying in urban and rural areas, and taking others with them.

As she points out in her article, “Tennessee is one of the deadliest states for young drivers, and Nashville is one of the most dangerous metro regions.” Citing a 2008 sutdy conducted by Allstate Insurance Co. that shows that Tennessee ranked sixth in the nation for fatal crashes involving teen drivers. She went on to point out that the same study ranked the Nashville-Murfreesboro metro region fourth in the nation for fatal teen crashes.

In an effort to keep young drivers safer, Tennessee introduced a graduated driver’s license law in 2000 to ease teen drivers into the responsibilities of driving and limit the number of unsupervised hours they can spend on the road. She goes on to mention on a recent report by the Tennessee Comptroller that shows there has been a significant drop in the number of traffic crashes involving young drivers from 136 in 2005 for every thousand drivers aged 15-24 to 11 for the same group by 2009.

How would you answer this thoughtful question? 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 at 615-356-2000 and take advantage of a free consultation to find out about your rights and remedies.