Category: death

Sep32010

Nashville Automobile Accident Lawyer Talks About The Red Light Running Problem

Red Light Cameras Save Lives

Red Light Cameras Save Lives

Traffic crashes are the single most significant cause of preventable death and injury in North America. In 2007 in the U.S., almost 900 people were killed and an estimated 153,000 were injured in crashes that involved red light running. Public costs exceed $14 billion per year, and more than half of the deaths in red light running crashes are other motorists and pedestrians. There is no doubt that red light runners are dangerous drivers who irresponsibly put others at risk. In America’s cities ― where too often the yellow light has come to symbolize “hurry up” instead of “slow down” ― red light running is the leading cause of all urban automobile crashes.

The American public recognizes the problem, is deeply concerned about red light running and supports the use of red light cameras. A nationwide survey sponsored by the National Highway Traffic Safety Administration and conducted by the Gallup Organization found that 75 percent of drivers favored the use of red light cameras. Most Americans (96 percent) are afraid of being hit by a red light runner, but nearly one in five admit to running a red light in the last ten intersections. The leading excuse given for red light running was neither frustration nor road rage; it was “being in a hurry.”

Yet, here in Tennessee it appears that a number of citizens see red light cameras as a “Big Brother ” ploy to take away their rights and a vocal minority of ignorant people are lobbying for laws that prohibit them. How stupid is that? This is a proven technology that saves lives and millions of dollars in insurance claims and some paranoid fools who have nothing better to do, usually citizens who have received tickets for running red lights,  are pressuring spineless self-centered politicians to enact laws that prohibit them. Shame on us.

Check out my web site at www.seriousinjury.com for more information about this subject.

Sep22010

Nashville Motorcycle Lawyer Reports On A Fatal Tennessee Motorcycle Roadway Departure Crash

Why Did He Drive Off The Raod?

Why Did He Drive Off The Raod?

As an experienced Tennessee motorcycle accident attorney I have reviewed hundreds of accidents and I am becoming alarmed at the number motorcycles involved in roadway departure crashes this year. The local media article I read about a fatal motorcycle roadway departure crash in Cumberland County Tennessee didn’t give me much information but that’s not uncommon in single vehicle accidents.

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. We will probably never know what caused this driver to take his attention from the task at hand, it only takes a second or two of a distraction and you’re off the road into the safety barrier.

If you want more information on Tennessee highway safety or you have been involved in an automobile accident, contact the Board Certified Civil Trial Lawyers at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights.

Sep22010

Nashville Auto Accident Lawyer Reports On A Fatal Car/Motorcycle Collision on I-40

Following Too Close

Following Too Close

As an experienced Tennessee automobile accident lawyer I can tell you one thing for certain, and that is that Interstate driving is different than you will experience on any other type of highway. Traffic on interstates usually moves more safely and efficiently because access is controlled. There are no stop signs, no railroad crossings and no traffic lights. Interstates usually have few steep hills or sharp curves to limit the view of the road ahead.

Limited access or controlled access means that drivers enter or leave the roadway only at entrances and exits, called interchanges, without ever crossing the path of other traffic. Interstates and divided highways have largely removed the chance of head-on collisions. Interstate driving requires good skills and habits so you can safely get where you are going. Safe use of the interstates demands a complete awareness of a higher speed type of driving and constant alertness by the driver.

A recent fatal accident on I-40 just East of Cookeville Tennessee makes my point that you have to be alert and must stay far enough behind the vehicle in front of you that you can stop in an emergency. The facts are simple, a man is driving his Harley-Davidson along the interstate and the car in front of him slowed quickly to avoid hitting a deer. The Harley was unable to respond appropriately and rammed into the rear of the car, killing the Harley rider.

Motorcycles made up nearly 3 percent of all registered vehicles in the United States in 2006 and accounted for only 0.4 percent of all vehicle miles traveled. Per vehicle mile traveled in 2006, motorcyclists were about 35 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 8 times more likely to be injured.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a careless motorcycle rider, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

Sep12010

Nashville Tractor-Trailer Accident Lawyer Reports On I-75 A Dangerous Interstate Highway

I-75

I-75

As an experienced Nashville tractor-trailer accident attorney I regularly keep up with Tennessee media reports about trucking accidents on Tennessee highways. My reading leads me to one conclusion and that is that Interstate 75 is one of the most dangerous roadways in the United States of America.

Where is I-75 and why is it so dangerous? I-75 is the major north-south artery of the Eastern U.S. running from the Upper Peninsula of Michigan to Miami, Florida, covering 1,785 miles of roadway which makes it the longest interstate highway in the U.S.  Traffic accidents on I-75 are common in busy urban areas like Tampa, Lexington, Knoxville, Detroit, Toledo and the Lima-Findlay area of Ohio. At any giving time there are over a million vehicles on I-75.

I have some advice that I would like to share with the families of those who are injured or killed in Tennessee by a negligent tractor-trailer driver. For a trucking company whose vehicles travel millions of miles per year, accidents are an everyday occurrence. Trucking companies have gotten this process down to a science and in many cases have specialized accident investigators at the scene of an accident interviewing the truck driver even before he/she talks to the police investigation.

What does this mean to you if you or a family member are the victim of a Tennessee tractor-trailer accident and suffer a serious or life threatening injury?  It means that the trucking company has a huge advantage in investigating the cause of the accident and developing a strategy for its defense to any claim that arises. During one of these situations evidence can disappear and negligent drivers can be coached on what to say to police investigators. The trucking company has the benefit of an expert that was actually at the accident scene. This may not be possible for the victim since injuries are usually severe in nature. Needless to say it is important to act quickly so that an expert can examine the evidence on your behalf.

Time is of the essence in these type of cases. Although most cases can be reconstructed at a later time it is important to have someone looking out for your best interests as soon as possible. That’s why it’s important to contact an experienced Tennessee tractor-trailer accident lawyer like those you will find at Phillip Miller & Associates. If you or a loved one is injured in a car tractor-trailer accident act quickly and take advantage of a no-cost no-obligation consultation and learn about your rights and put our crack team of lawyers and investigators on the case.

Aug312010

Nashville Motorcycle Accident Lawyer Reports On A Fatal Motorcycle School Bus Collision

Motorcycle + Speed Kills

Motorcycle + Speed Kills

As an experienced Tennessee motorcycle accident attorney I am concerned that while all other types of fatal crashes involving cars, trucks and pedestrians are on the decrease, motorcycle fatalities continue to rise. What lies at the cause of this phenomenon? Several things come to mind.

First of all manufacturers continue to make motorcycles bigger and faster. Sometimes known as “crotch rockets” these high-powered bikes require more skill and unfortunately anybody with the money or credit can buy one and without any specialized training, take to the highway.

Reference a motorcycle fatality that occurred in Gallatin the other day. The motorcyclist was traveling at a high rate of speed and slammed into a school bus. What is there to say? A human body slamming against a large yellow, clearly marked school bus isn’t going to win the match. This driver didn’t make it.

In 2007, 5,154 motorcyclists were killed, an increase of 7 percent over the 4,837 motorcyclists killed in 2006. There were 103,000 motorcyclists injured during 2007.

In 2007, 2,641 (50%) of all motorcycles involved in fatal crashes collided with another type of motor vehicle in transport. In two-vehicle crashes, 78 percent of the motorcycles involved were struck in the front. Only 5 percent were struck in the rear.

As is the case here, motorcycles are more likely to be involved in a fatal collision with a fixed object than are other vehicles. In 2007, 25 percent of the motorcycles involved in fatal crashes collided with fixed objects, compared to 18 percent for passenger cars, 13 percent for light trucks, and 3 percent for large trucks.

Motorcycles made up nearly 3 percent of all registered vehicles in the United States in 2006 and accounted for only 0.4 percent of all vehicle miles traveled. Per vehicle mile traveled in 2006, motorcyclists were about 35 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 8 times more likely to be injured.

If you or a loved one is injured or killed in a Tennessee motorcycle accident caused by a careless driver, contact the experienced Nashville motorcycle accident attorneys at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

Aug302010

Nashville Motorcycle Accident Attorney Reminds Riders To Honor The Centerline

Honor The Centerline

Honor The Centerline

As an experienced Tennessee motorcycle accident attorney I would advise riders to always stay in your own lane. This might sound stupid, but more than often I see accidents happen when the driver, especially on rural roads, plants his bike in the middle of the road.

This set of events happened last weekend in Overton County Tennessee. A 54-year-old Harley–Davidson driver was in the center of the road, came around a curve and met a car coming the other way. The rider swerved to avoid hitting the car, lost control, left the road, went down a ravine and hit a tree killing the driver and injuring his passenger.

Lines and symbols on the roadway (1) divide the road into lanes, (2) tell you when you may pass other vehicles or change lanes, (3) indicate which lanes to use for turns, (4) define pedestrian walkways and (5) show where you must stop for signs or traffic signals. Line colors tell you if you are on a one-way or two-way roadway.

Lines separating traffic moving in opposite directions are yellow. Yellow lines are also used to mark a boundary or barrier of the travel path at the location of a particular hazard, such as bridge supports, etc. Broken yellow lines mean that you MAY cross the line to pass if there is no oncoming traffic and it is safe to do so.

Two solid yellow lines between lanes of traffic mean you MAY NOT cross the lines from either direction, even if no oncoming traffic is in view. You may cross a solid yellow line to turn into a driveway or side road if it is safe to do so. One solid yellow line and one broken yellow: Where there is both a solid and a broken yellow line between opposing lanes of traffic, you may not pass if the solid yellow line is on your side. If the broken yellow line is on your side, you are in the “passing zone” and may pass if it is safe to do so. You must safely return to your side of the roadway before the passing zone ends.

If you or a loved one is injured or killed by a negligent driver who ignores the traffic lines contact the experienced Nashville auto/motorcycle accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Aug302010

Nashville Motorcycle Accident Lawyer Reports That “The Dragon” Claims Another Victim

Tail Of the Dragon"The Dragon" Claims Another Life

"The Dragon" Claims Another Life

The “Tail of the Dragon” notches another dead motorcyclist. The “Tail of the Dragon” is a well-known section of US Highway 129 that crosses Deals Gap at the Tennessee/North Carolina state line. The “Dragon” is known throughout the world to motorcyclists and thrilled seekers and has claimed numerous lives, the exact number I have been unable to determine. This past year it was closed for seven months due to a rock slide. It’s open now and back to its deadly ways. For a free virtual ride on the “Dragon” click here.

The “Dragon” claimed it’s latest victim Saturday when a 44-year-old man from Rogersville Tennessee lost control of his motorcycle, ran off the road and slammed into a tree. The man was ejected and landed over 50 feet down the side of the ridge.

Motorcycles made up nearly 3 percent of all registered vehicles in the United States in 2006 and accounted for only 0.4 percent of all vehicle miles traveled. Per vehicle mile traveled in 2006, motorcyclists were about 35 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 8 times more likely to be injured.

Stories like these should remind us that when we get behind the wheel, or handle bars, of a motor vehicle we have to have our full attention on the task at hand.

If you or a loved one is injured in a Tennessee motorcycle accident contact our experienced Nashville motorcycle accident attorneys at Phillip Miller & Associates and learn about your rights and remedies.

Aug292010

Tennessee Auto Accident Attorney Reports On A Fatal Pedestrian Hit & Run On I-40

Fatal Hit & Run

Fatal Hit & Run

As an experienced Nashville auto accident lawyer I can tell you that a pedestrian is defined as any person not in or upon a motor vehicle or other vehicle. In 2007, 4,654 pedestrians were killed in traffic crashes in the United States — a decrease of 13 percent from the 5,321 pedestrians killed in 1997. On average, a pedestrian is killed in a traffic crash every 113 minutes and injured in a traf!c crash every 8 minutes.

There were 70,000 pedestrians injured in traf!c crashes in 2007. Most pedestrian fatalities in 2007 occurred in urban areas (73%), at non-intersection locations (77%), in normal weather conditions (90%), and at night (67%). More than two-thirds (70%) of the pedestrians killed in 2007 were males. In 2007, the male pedestrian fatality rate per 100,000 population was 2.19 — more than double the rate for females (0.91 per 100,000 population). In 2007, the male pedestrian injury rate per 100,000 population was 26, compared with 20 for females.

In a local media article this week we find that Tennessee Highway Patrol troopers and Mt. Juliet Police believe that a hit-and-run on Interstate 40 eastbound killed a pedestrian early Wednesday and caused two other accidents. The initial vehicle left the scene of the accident and is being sought by police. Some time during the period 3:30 AM to 5:15 AM a man was hit by a car on I-40 in the East bound lane. Some time later drivers trying to avoid the man’s body in the interstate swerved and ran off of the road.

If have any information about the driver who left the scene or the victim of this collision contact the Tennessee Highway Patrol or the Lebanon PD. For more information about Tennessee highway traffic safety or what to do if you are the victim of a Tennessee automobile accident check out the experienced personal injury lawyers at Philip Miller & Associates and take advantage of a free consultation with a Board Certified Civil Trial Lawyer.

Aug282010

Nashville Automobile Accident Lawyer Talks About Peer Pressure For Tennessee Teen Drivers

Restricted Licenses Save Teen Lives

Restricted Licenses Save Teen Lives

As an experienced Tennessee auto accident lawyer I have read research reports that say that with teen drivers the risk of a fatal crash goes up in direct relation to the number of teenagers in the car. In Tennessee the Graduated Drivers License law restricts the number of passengers for a driver on an intermediate license to one.

UNLESS:

  • One or more of the passengers is age 21 or older and has a valid, unrestricted license;
  • The passengers are brothers and sisters, step-brothers or step-sisters, adopted or fostered children residing in the same house as the driver and going to and from school AND the intermediate license holder has in their possession written permission from their parent or guardian to transport their siblings. Those with an intermediate 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.

According to the AAA Foundation for Traffic Safety, over the 10 years from 1998 through 2007, there were 24,655 drivers ages 15 through 17 involved in fatal crashes. These crashes killed 28,138 people, of whom 10,388 (36.9%) were the 15-, 16-, and 17-year-old drivers themselves. However, the majority of fatalities in those crashes (63.1%) were people other than those drivers, and included 8,829 of their passengers, 6,858 occupants of vehicles operated by drivers age 18 or older, and 2,063 non-motorists and others.

On a positive note, the number of young drivers involved in fatal crashes each year decreased substantially over the years analyzed, with 776 fewer drivers age 15 to 17 involved in fatal crashes in 2007 than in 1998, resulting in the deaths of 311 fewer young drivers and 540 fewer deaths of other people in 2007 than in 1998. There was also a substantial decrease in the fatal crash involvement of adult drivers over the same period; however, the decrease in the fatal crash involvement of young drivers and people killed in those crashes was significantly larger than what would have been predicted from the decrease in the fatal crash involvement of adults.

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

Aug272010

Nashville Auto Accident Attorney Instructs Parents On Teen Seat Belt Use

Teach your Child To Take A Minute And Buckle Up

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.