Tennessee Teen Fatality

Under age and want to drink and get behind the wheel? Think again, and if you can’t think again pay attention to the arrest of a 16-year-old Hendersonville teen has been charged with vehicular homicide after being under the influence of drugs or alcohol when he crashed, causing the death of his friend.

From Middle Tennessee media reports we learn that the indictment followed a long investigation of the October 25 wreck. Apparently, the police attempted to contact the teen to tell him of the indictment but they were unable to do so. The teen was arrested at school. Vehicular homicide while under the influence is a class B felony.

Among experienced Tennessee automobile accident attorneys, the Governor’s Highway Safety Association (GHSA), the National Highway Safety Administration (NHTSA), and the Insurance Institute for Highway Safety (IIHS), it is generally agreed that teen drivers have the highest crash risk of any age group. Per mile, the crash rate for 16 year-old drivers is 10 times the rate for drivers between 30 and 59. The basic reasons behind this statistic are obvious, teen drivers have no experience with the myriad issues faced by drivers with experience, furthermore, they are immature and often takes risks, most often speeding, and are easily distracted which contribute to the increased death rate.

As an experienced Nashville automobile accident lawyer I have seen far too many teen deaths and I strongly encourage parents to be realistic about the skills and propensities of their children. It’s a time of excitement and dread for every parent, the time when their precious little Bobby or Betty reaches the age when they can drive. Excitement because their child is growing up and the parents can relinquish to job of being the chauffeur for their busy teens and dread because the know in their heart of hearts the dangers that teen drivers face as they take to the highways and byways.

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.

A tragic and totally preventable automobile accident took the life of a five-year-old girl took place the other night in Campbell County in East Tennessee. Had the driver/Mother not allowed herself to be distracted by reaching for a bottle of water, and had she seen to it that her daughter was protected in a child safety seat, she would still be alive today. My prayers go out to the family and friends of the driver and child.

Driving along an East Tennessee interstate highway, the mother takes her eyes and her mental focus away from the job at hand and drifts off the side of the road, over-corrects and loses control. The five-year-old is ejected from the vehicle and dies.

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 use of safety belts, child restraint safety seats and child booster seats, are required by Tennessee law. Seat belts, child restraint safety seats and child booster seats can help save you and your passengers lives in the event of a traffic crash. There were three other children in the vehicle at the time of the crash and they were unhurt. The lesson her is too obvious to restate, use your head and you won’t lose it, our someone else’s, for that matter.

If you or a loved one is injured or killed in a Tennessee automobile accident by a distracted driver, contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates

Distracted Driving

and find out about your rights and remedies.

Roadway Departure Crash

Experienced Tennessee automobile accident lawyers agree that distraction from the primary task of driving could present a serious and potentially deadly danger. In 2008, 5,870 people lost their lives and an estimated 515,000 people were injured in police-reported crashes in which at least one form of driver distraction was reported on the crash report. While these numbers are signi!cant, they may not state the true size of the problem, since the identification of distraction and its role in the crash by law enforcement can be very difficult.

We may never learn the reason Jeffrey Knight, age, 40, became distracted and left the road, crossed the median and crashed head-on with another vehicle causing the death of 21-year-old Brittany Thomas and her 10-month-old son. Whatever the distraction, finding out will be little consolation to the family and friends of this young mother and her child. My prayers go out to the loved ones who have sustained such and indescribable loss.

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. Each of these accidents had the potential to have taken numerous other lives but somehow that didn’t happen

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. FHWA uses the Fatal Analysis Reporting System (FARS) compiled by the National Highway Traffic Safety Administration to compute statistics on roadway departure crashes.

If you or a loved one is injured or killed in a Tennessee car crash by a distracted driver or a case like the present one that will require and experienced Tennessee automobile accident lawyer contact the lawyers at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

As an experienced Nashville automobile accident lawyer I try to use this blog to keep my readers informed on those issues that affect highway safety. A number of people have written and called to talk about the Toyota recall and what they should do about their Toyota. The National Highway Traffic Safety Administration has released the latest Consumer advisory:

NHTSA’s Advice to Toyota Customers

Safety is our number one priority at the Department of Transportation. We’re going to continue to hold Toyota accountable and continue to investigate every possible cause of these safety defects, to make sure there are no other problems. We’ll make sure Toyota is doing all it has promised to make its vehicles safe.

Toyota consumers should check the list of recalled vehicles below and be sure to pay close attention to their vehicles. If you are experiencing any problems with your Toyota vehicle, park your vehicle in a safe place and immediately call your Toyota dealer or Toyota’s North American headquarters at 1-800-331-4331.

CONSUMERS SHOULD BE AWARE OF THE FOLLOWING ISSUES WITH TOYOTA VEHICLES

Gas Pedal Entrapment by Floor Mats

Drivers should immediately take out the driver-side floor mat of the following Toyota, Lexus, and Pontiac vehicles:

* 2007-2010 Camry

* 2005-2010 Avalon

* 2004-2009 Prius

* 2005-2010 Tacoma

* 2007-2010 Tundra

* 2007-2010 ES 350

* 2006-2010 IS 250 and IS350

* 2008-2010 Highlander

* 2009-2010 Corolla

* 2009-2010 Venza

* 2009-2010 Matrix

* 2009-2010 Pontiac Vibe

After removing the driver-side floor mats, consumers should wait for a letter from Toyota instructing them to go to their dealers for the remedy. More than four million vehicles have been recalled for this safety issue.

Sticky Gas Pedals

Some 2.3 million Toyota vehicles are being recalled for problems involving gas pedals that are hard to depress, slow to return to the closed position or remain partially depressed. Toyota, Lexus, and Pontiac vehicles affected by the sticky pedal recall are:

* 2007-2008 Tundra

* 2008-2010 Sequoia

* 2005-2010 Avalon

* 2007-2010 Camry

* 2009-2010 Corolla

* 2009-2010 Matrix

* 2009-2010 RAV4

* 2010 Highlander

* 2009-2010 Pontiac Vibe

If drivers are experiencing any unusual issues involving the gas pedals in the above-identified vehicles, drivers should immediately park these vehicles and notify their dealers immediately. Should a pedal become stuck in a partially depressed condition while driving, owners should put their car in neutral, bring it to a stop and call their dealer.

Brake Issues involving Prius and Camry Vehicles

Toyota is also recalling 2010 Prius Hybrids and Lexus HS 250h vehicles for braking safety issues involving momentary loss of braking power. Some 2010 Camrys prone to brake fluid leaks are also been recalled. Drivers of these vehicles experiencing any braking problems should park their cars and contact their their local Toyota dealer or Toyota’s North American headquarters at 1-800-331-4331.

Actions Consumers Can Take If They Cannot Stop Their Vehicles

Regardless of the cause, if a consumer is experiencing unintended acceleration in their vehicle, they should take the following steps:

* Brake firmly and steadily – do not pump the brake pedal.

* Shift the transmission into Neutral (for vehicles with automatic transmissions and the sport option, familiarize yourself with where Neutral is – the diagram may be misleading).

* Steer to a safe location.

* Shut the engine off (for vehicles with keyless ignition, familiarize yourself with how to turn the vehicle off when it is moving – this may be a different action than turning the vehicle off when it is stationary).

* Call your dealer or repair shop to pick up the vehicle. Do not drive it.

For more information, consumers can contact the experienced Tennessee automobile accident attorneys at Phillip Miller & Associates. If you have been in a Tennessee automobile accident caused by some malfunction in your Toyota vehicle call us right away so that we can begin the process of protecting your rights and remedies.

Teach Your Children Well

As an experienced Tennessee automobile accident attorney I regularly use my Blog “The Tennessee Auto Accident Attorney” to remind parents that ultimately it is their responsibility to oversee their teenagers driver training. Parental training isn’t only a couple of weekends in a vacant parking lot, or simply writing a check to a driver education company, parental training begins when your children are small. A good example, is a parent who uses seatbelts, drives the speed limit, yields to other drivers, is the most effective and lasting way to insure that your child will grow into a culture of safety.

On the other hand, a parent can assure that his/her child will grow up with utter disregard for others on the highways and byways. Reference an article on the website of the Kingsport Times-News about a young man drag racing in a hopped up Mustang with a man in a Corvette. The race went wrong when the young man in the Mustang lost control, went airborne, and rolled through a busy parking lot striking and damaging several vehicles. Through the grace of God no one was killed.

The Corvette driver fled the scene, but the irony is that the Corvette belonged to the Mustang boys father. Police believe the father and son were drag racing. Back to what I was saying earlier about parental guidance and good examples, what kind of parent flees the scene of a violent accident involving their child. This parent is definitely a candidate for the “Worst Tennessee Driver of 2010”.

If you, a family member, or a loved one is injured or killed in a Tennessee automobile accident by a driver like either one of these two bozos you owe it to yourself to contact the experienced Tennessee automobile accident attorneys at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

As an experienced Nashville automobile accident attorney I am painfully aware of the fact that no matter how you prepare for a highway trip, whether to another state or just down the street to the YMCA, a fatal accident can happen. Reference a recent story about a Nashville automobile accident involving a family and a deer.

It appears from the news stories that the family did everything right, the children were seatbelted and safety seated in the vehicle, the car was going the speed limit, and without warning a deer runs out in front of the car and comes through the windshield killing the eight year-old girl seated in the middle of the backseat. The father (driver) was seriously injured and the other three children were taken to the hospital and released. My prayers go out to the family and friends of this child.

Deer Related Fatality

Deer-related crashes are on the rise in Tennessee as urban growth encroaches into rural areas. In 2006, there were 5,884 deer-related crashes, including 289 that involved injuries and two that were fatal. That was up 19 percent from 4,942 in 2005. Since 2003, deer-related crashes in Tennessee have risen over 33 percent.

In 2006, the month of November recorded 1,334 deer-related crashes, by far the highest month for such crashes. December and October were the second and third highest months, which saw double the average number of deer-related crashes throughout the year.

A couple of suggestions:

a. If you see one deer there will probably be several more;

b. If you happen to collide with a deer, never approach it, an injured deer can prove very dangerous.

c. Do not try to swerve around an animal.

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

Teen Driver Drag Racing No Seat Belt

Chattanooga police suspect that two of the three vehicles involved in a Tennessee personal injury collision were drag racing at the time of the incident. One vehicle driven by 19-year-old William Furmon left the scene. The driver of the other vehicle police think was involved in the drag race was ejected from his vehicle after he was hit by a third vehicle. Obviously he was not wearing his seat belt. Where do I start?

Seat Belts

Seat belt use is required under Tennessee law. Research published by National Highway Traffic Safety Administration (NHTSA) shows that unbelted victims are at much higher risk for ejection than those with seatbelts. The actual data shows that more than 15,000 lives were saved by the use of seatbelts in 2007 alone. When the driver and passengers in a Tennessee car accident do not use their seatbelts, they are 17.7 times more likely to be ejected during a crash. Only 2% of belted passengers were ejected during a crash.

Teen Drivers

According to The Center For Disease Control and Prevention (CDC) motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group. In 2005, twelve teens ages 16 to 19 died every day from motor vehicle injuries.

The risk of motor vehicle crashes is higher among 16- to 19-year-olds than among any other age group. In fact, per mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash. In 2005, the motor vehicle death rate for male drivers and passengers ages 16 to 19 was more than one and a half times that of their female counterparts.

How do we change this culture of highway safety ignorance and change to way young people think when they get behind the wheel of a motor vehicle? As an experienced Nashville automobile accident attorney, I have discussed this question with a number of Tennessee highway safety professionals on a regular basis. The answer is education and enforcement. Educate these children (The Anvil) about the danger their unsafe driving poses, not only to themselves, but to others and enforce (The Hammer) the safety laws in a strict and swift manner.

If you are the victim of a Nashville or Tennessee automobile accident we urge you to contact our Tennessee 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.

On February 11, 2010 in my Blog “The Tennessee Auto Accident Attorney” I reported on a Hit & Run incident in which a 7-year-old Hartsville Cub Scout was killed. I often write about our collective responsibility to create a culture of traffic safety and that includes being the eyes of law enforcement as we travel the highways and byways of Tennessee. Many people will avoid getting involved if they see a drunk driver or a road rager acting the fool, but ladies and gentlemen, if we don’t do it, who will.

In that vein I’m asking each and every one of you to commit to keeping your eyes open and help us run to ground the dirty rotten scoundrel who killed that young boy. Investigators with the TBI Crime Lab and the Tennessee Highway Patrol believe they have a new description of the vehicle that hit and killed the child.

Investigators believe based on evidence gathered at the scene of the crash – that the vehicle that kept going was either a GMC Sierra or Yukon made between the years 2001 to 2006. The exact color of the vehicle isn’t yet known, but it has heavy damage to the right front headlight and the turn signal assembly area.

Call the Tennessee Highway Patrol or the Trousdale County Sheriff if you know of a car matching this description, especially if it’s been repaired lately. If you want to learn more about what to do in the event of a traffic accident take a minute and check out the website of Phillip Miller & Associates. You will find all sorts of helpful advice and you can meet the experienced Nashville automobile accident attorneys that can take care of all of your business.

No matter how much care we put into our driving there are always those people out there who should never be allowed behind the wheel of a motor vehicle. I’m going to blog today about one of them today. Please pardon me if my tone is angry, but people like Jarod Joel Moon get my dander up. As an experienced Nashville automobile accident lawyer I study dozens of really outrageous car accidents but Hit & Run’s involving a child is not an accident but an intentional assault and should be treated as such.

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 a recent article on the web site of WRCB TV reporting that 20-year-old Mr. Moon is now in jail charged with leaving the scene of an accident, reckless driving and illegally passing a school bus. I’m looking forward to more serious charges as the investigation is concluded. It appears Mr. Moon ignored the stop sign warnings on the school bus in front of him. He sped around the school; bus and hit an elementary school student. The student suffered head and mouth injuries and is in stable condition.

If the hitting wasn’t bad enough this jerk decides to leave the scene, but his attempt was frustrated by quick thinking law enforcement personnel. Mr. Moon would probably take his place as a contender for the Worst Tennessee Driver of 2010 except that the accident occurred in Alabama just south of the Tennessee line.

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 experienced Tennessee 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.

As an experienced Nashville automobile accident lawyer  I often ask parents I meet at social events what the single most frightening event in their relationship with their teenagers. Tops on everyone’s list is that day when little Johnny or Janie take their newly printed drivers license and your family car and drive off into the night. That fear is well taken.

A recent study by the AAA Foundation for Traffic Safety takes an interesting look at teen driving fatalities. Motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group. In 2008, about 3,500 teens in the United States aged 15–19 were killed and  more than 350,000 were treated in emergency departments for injuries suffered in motor-vehicle crashes. Young people ages 15-24 represent only 14% of the U.S. population. However, they account for 30% ($19 billion) of the total costs of motor vehicle injuries among males and 28% ($7 billion) of the total costs of motor vehicle injuries among females.

That’s why the Tennessee Department of Transportation, Governor’s Highway Safety Office, Tennessee Highway Patrol and other partners are working to give teens the tools they need to become safer drivers. In 2006, TDOT launched “Between the Barrels,” our first-ever teen safe driving program with a goal of saving lives through education. Each year Between the Barrels representatives and Tennessee Highway Patrol troopers travel to high schools across the state and talk with teens about making smart decisions behind the wheel and what can happen if they don’t. More than 100,000 have participated in the program to date and teens themselves tell us the program is working.

The Department of Safety reports that preliminary statistics for 2009 indicate 48 teen drivers were killed on Tennessee roadways compared to 72 in 2008. Overall, 90 teenagers who were vehicle occupants were killed on Tennessee roadways in 2009 compared to 113 in 2008. During the past three years we’ve seen a 25 percent decrease in teen traffic fatalities overall.

But while these numbers are encouraging, we are still losing too many of our young people on Tennessee highways. We need to intensify our efforts with an ultimate goal of zero teen lives lost in traffic crashes. Chances are, your community has been struck by a tragic accident involving a teenage friend, classmate or family member. Tennessee parents have an excellent resource available at the website of the National Safety Council. Check out http://teendriver.nsc.org/ for helpful tips and suggested study materials.

My experience investigating and trying Tennessee teen driver accident cases tells me that it is never too early to start training your child for the day he or she gets behind the wheel and you watch them drive off into the real world.

If you or a loved is injured in a Nashville or Tennessee automobile accident caused by a teen driver 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.