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

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

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

Man Meets Firey Death

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

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

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

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

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

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

Hit & Run Arrest

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

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

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

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

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

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

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. Couple these factors with alcohol use and the picture is way more uncomfortable.

According to the US Department of Health and Human Services children become curious and some try drinking as early as 9 years old. Before age 9, children typically view drinking negatively. Between the ages of 9 and 13, they start to view alcohol more positively. Children at this age become more aware of the drinking behavior of their parents and other adults.

Conversation is often more effective before children start drinking. They often start asking questions about alcohol. The reason most children choose not to drink is because their parents talked to them about it.  When you talk to them directly and honestly, they are more likely to respect your rules and advice about alcohol use. Children who start drinking at a young age are more likely to have problems with alcohol later in life.

Children who begin drinking before age 15 are seven times more likely to abuse alcohol or to have alcohol problems as adults. By starting a conversation about alcohol early, you can stop them from making a decision that could potentially harm their health and future. The chances that children will use alcohol increases as they get older.

Studies report that around 10% of 12-year-olds say they’ve tried alcohol, but by age 15 that number jumps to 50%. The sooner you talk to your child about alcohol, the greater chance you have of impacting his or her decisions about drinking. If you don’t talk about it, you’re saying something. What you say to your child about alcohol use is up to you. But remember, if you don’t say anything to your child about drinking, you might give the impression that underage drinking is acceptable.

As an experienced Tennessee automobile accident attorney I strongly suggest that you create your action plan. Personalize a plan for talking to your child about alcohol. Visit my web site at Phillip Miller & Associates or www.underagedrinking.samhsa.gov/why-talk-early.aspx to get information about how to approach this task.

Hit & Run Driver

As an experienced Tennessee auto accident lawyer I’d like to add my voice to that of the Hamilton County Tennessee Sheriff’s Department and ask anyone with information on a heavy-set woman with short hair driving a Mercury to please contact the Sheriff’s Department and identify the woman. It appears that witnesses to a Hit & Run fatality gave that description of a driver who hit 48-year-old Terry Bailey was hit as he crossed Cummings Highway. The driver didn’t stop.

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 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.

Tailgating-Two Dead

As an experienced Tennessee automobile accident attorney I can tell you that if you are distracted in any way as you drive on the highways and byways of Tennessee things can get hinky in just a second or two. Reference an article from the website of the Lexington, Kentucky Herald-Leader about a four vehicle crash on I-75 in East Tennessee.

According to the facts in the article automobiles had stopped on the highway because of an accident ahead. A tractor-trailer driven by a 63-year-old Tennessee truck driver, failed to keep his vehicle under control and rammed into the rear-end of a car carrying five passengers on their way to a religious convocation. The crash killed a 52-year-old woman and a 3-year-old little girl, and injured the others.

Tennessee law states: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” When another driver makes a mistake, you need time to react. Give yourself this time by keeping a “space cushion” around your vehicle. This space cushion will give you room to brake and avoid hazards when needed.

Good drivers keep this safe following distance or space cushion to have a better view of the road. The more space you allow between your car and the car ahead, the more time you will have to see and react to traffic hazards or crashes down the road. Many drivers don’t see as well as they should because they follow too closely (tailgating). The vehicle ahead of them blocks their view of traffic and road conditions. Rear-end crashes are very common and most of these crashes are caused by drivers who are “tailgating.”

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.

If you or a loved one is injured in a Tennessee tractor-trailer accident caused by a driver who is distracted or following too close, you owe it to yourself to immediately contact the experienced Tennessee tractor-trailer attorneys at Phillip Miller & Associates.

An Unnecessary Child Fatality

A 20-year-old Obion County Tennessee woman took the time to buckle her seat belt but didn’t bother to secure the 6-year-old boy with her. For some unknown reason she ran off of the road and overcorrected and returned to the roadway and rolled ejecting the child and rolled again before coming to a rest. The Trooper who investigated stated in the report that had the child been properly restrained there would have been a different outcome for this unfortunate child.

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.

These seats should be in the rear seat of the car, if possible. The children can’t make the decision to protect themselves, this is the legal responsibility of the parents. It is also the responsibility of the parents to teach by example.  If you are driving and witness a parent driving without having their child properly restrained it is your duty to notify the authorities. Call 911 is you are in an urban area and *847 in a rural area. Make the call and save a child’s life.

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 to determine your rights and remedies

Older Driver Safety Statistics

As an experienced Tennessee automobile accident lawyer I try to keep up with studies and trends in highway safety. On of the major players in highway safety research is the Insurance Institute For Highway Safety.  As the Baby-Boomer generation gets ready to explode onto the scene I thought you would find this study somewhat interesting.

Previous research has found that older driver fatal crash involvement rates per licensed driver declined substantially in the United States during 1997-2006 and declined much faster than the rate for middle-age drivers. The current study examined whether the larger-than-expected decline for older drivers extended to nonfatal crashes and whether the decline in fatal crash risk reflects lower likelihood of crashing or an improvement in survivability of the crashes that occur.

Results: Fatal crash involvement rates declined for older and middle-age drivers during 1997-2008 (1997-2005 for the 13 state subsample), but the decline for drivers 70 and older far exceeded the decline for drivers ages 35-54 (37 versus 23 percent, nationally; 22 versus 1 percent, 13 states). Nonfatal injury crash involvement rates showed similarly larger-than-expected declines for older drivers in the 13 state subsample, but the differences were smaller and not statistically significant (27 percent reduction for older drivers versus 16 percent for middle-age drivers). Property-damage-only crash involvement rates declined for older drivers (10 percent) but increased for middle-age drivers (1 percent). In 1997, older drivers were 3.5 times more likely than middle-age drivers to die in police-reported crashes (6.2 versus 1.8 deaths per 1,000 crashes), but this difference was reduced during the 9-year study period to 2.9 times, as the rate of older drivers dying in a crash declined (5.5 deaths per 1,000 crashes in 2005) and the death risk remained relatively stable for middle-age drivers.

If you or a loved on is injured or killed in a Tennessee motor vehicle accident caused by a negligent driver, contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates for a free consultation.

Passing Can Be Deadly

As an experienced Nashville motorcycle tractor-trailer accident lawyer I have been noticing a number of Tennessee highway accidents involving improper passing. Passing another vehicle is a normal part of driving, but it can be very dangerous. Collisions resulting from improper passing are often fatal, since the impact is greater in this type of crash. Before you attempt a pass, be sure you have enough room to complete the maneuver.

If you have to cut back to your lane too soon, you risk sideswiping the vehicle you are passing. If you do not cut back to your lane soon enough, you risk a head-on collision. It is equally important to know when NOT to pass, as well as when to pass. The decision of whether or not to pass is influenced by the knowledge, judgment, attitude and behavior of the driver. BE PATIENT.

This is exactly what happened the other day on I-40 in Jefferson County Tennessee when a 33-year-old Tennessee man riding his Harley-Davidson passed a tractor-trailer and as he pulled back into the lane his rear wheel clipped the bumper of the tractor-trailer causing him the lose control and hit the pavement at high speed. My prayers go out to the family and friends of this unfortunate man.

The lesson here for the rest of us is that we have to be totally focused on the task at hand and when we are passing we have to pay extra special attention to this event. If you or a loved one is injured or killed in a Tennessee motorcycle tractor-trailer accident you owe it to your self and your family to contact the experienced Tennessee motorcycle tractor-trailer attorneys at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Teen Driving Accidents Kill Others

As an experienced Nashville automobile accident attorney I have handled more accidents involving teen drivers than a I care to think about. One of the things that I began to notice several years ago is that when teen drivers crash it seems that other parties are impacted more often than in adult accidents. A recent study by the AAA Foundation for Traffic Safety supports my observation.

The AAA Foundation for Traffic Safety analyzed data on fatal motor vehicle crashes from 1998 through 2007 and identified all fatal crashes involving a 15, 16, or 17-year-old drivers of a passenger vehicle. 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 aged 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 you owe it to yourself to retain the experienced Nashville car crash lawyers at Phillip Miller & Associates and maximize your recovery.