Category: death

May22012

Nashville Personal Injury Lawyer Warns Against Distracted Driving

Avoid Distractions

Avoid Distractions

Knox County, Tennessee traffic investigators see all sorts of roadway carnage and sometimes they have to ask unanswerable questions. A good example of this comes in the form of a Tennessee motorcycle accident that took the life of a 62-year-old man this past Saturday. Our prayers go out the this man’s friends and family.

The facts are similar to those being played out across the state every single day. The motorcyclist was driving along the highway and for some unknown reason lost control and drove off of the roadway.

Investigators are tasked with determining what this man was doing seconds before he lost control. Most accidents today are caused by distracted drivers, and the number one distracting event is the use of a cell phone. Other distractions include, talking to passengers, dialing in an electronic device such as a CD player, GPS device, eating and falling asleep at the wheel.

The lesson here, for Tennessee drivers is to avoid distractions while you are behind the wheel. If you think that you are able to multi-task while you are driving, my experience is, that you are not.

If you or a loved one is injured or killed in a Nashville automobile accident caused by a distracted driver, contact the experienced Nashville personal injury lawyers at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies. Call 615-356-2000.

May12012

Nashville Personal Injury Lawyer Shares Some Facts About Bicycle/Car Accidents

Operate A Bicycle Safely

Operate A Bicycle Safely

Less than two percent of motor vehicle crash deaths are bicyclists. The most serious injuries among a majority of those killed are to the head, highlighting the importance of wearing a bicycle helmet. Helmet use has been estimated to reduce head injury risk by 85 percent.

Twenty-one states and the District of Columbia have helmet laws applying to young bicyclists; none of these laws applies to all riders. Local ordinances in a few states require some or all bicyclists to wear helmets. A nationwide telephone survey estimated that state helmet use laws increase by 18 percent the probability that a rider will wear a helmet.

Helmets are important for riders of all ages, not just young bicyclists. Eighty-nine percent of bicycle deaths are persons 16 and older. During the past few years, only about 1 in 10 fatally injured bicyclists were wearing helmets.

Another issue that a bicyclist faces is car drivers who don’t look or don’t see the bicycle. The rider needs to spend special care to avoid placing themselves in blind spots along the side of other vehicle. Never expect that a car driver is going to yield the right of way to you.

If you are involved in a car/bicycle collision contact the lawyers at Philip Miller & Associates and take advantage of a free consultation to determine your rights and remedies. Call 615-356-2000.

May12012

Nashville Personal Injury Lawyer Shares Some Facts On Drunken Driving

Drunk Driving Kills

Drunk Driving Kills

The probability of a fatal crash rises significantly after 0.05 percent blood alcohol concentration (BAC) and even more rapidly after 0.08 percent. Drivers with very high BACs (at or above 0.15 percent) have a very high risk of dying in a crash or getting severely injured. All states have enacted a law defining impairment as driving with a BAC at or above 0.08 percent.

Progress has been made during the past 30 years to reduce the numbers and proportion of fatally injured drivers with BACs at or above 0.08 percent. Since 1982, there has been a 45 percent decline in the number of drivers killed in crashes who had BACs at or above 0.08 percent. There also has been a substantial decline among those with very high BACs (at or above 0.15 percent), who often are assumed to be “hard-core” drinking drivers.

However, little progress has been made since the mid-1990s and alcohol-impaired driving is still a major problem. In 2005, Institute research estimated that 8,916 deaths would have been prevented if all drivers on the road had BACs below 0.08 percent. Applying the same methods yields an estimate of 7,082 preventable driver deaths if BACs were below 0.08 percent in 2010.

Drivers younger than 21 are more vulnerable than older drivers to the impairing effects of alcohol. At the same BAC, young drivers are far more likely to get into a fatal or nonfatal crash. The minimum drinking age is 21 throughout the United States. In addition, all states have “zero tolerance” laws that prohibit people younger than 21 from driving after drinking. Typically, these laws prohibit driving with a BAC of 0.02 percent or greater. In recent years, drivers younger than 21 killed in crashes are about half as likely as fatally injured drivers ages 21-30 to have a BAC of 0.08 percent or higher.

The information in this fact sheet is based on data from all 50 states and the District of Columbia with imputations for missing BACs provided by the U.S. Department of Transportation’s multiple imputation model.

The lesson here for Tennessee drivers is to avoid driving if you have had any alcohol. If you are involved in an accident caused by a drinking driver call the experienced Nashville personal injury lawyers at Phillip Miller & Associates and find out about your rights and remedies.

Apr302012

Roadway Departure Crash Claims Life of Woman Driver Leaving Her Passenger In Critical Condition

Distractions Kill

Distractions Kill

According to local media reports a 23-year-old Bell County woman died and her pregnant passenger was seriously injured in a one-vehicle crash Wednesday. The 27-year-old passenger, was flown to the University of Tennessee Medical Center in Knoxville. She was eight months pregnant, and is listed in critical condition.

The women were driving a 1994 Pontiac Grand Am that left the road and struck a tree about 7:15 p.m. Wednesday. 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.

One can only guess what was going on between the two women, cell phone use, sometimes just talking between driver and passengers can so distract the driver that the vehicle will leave the road. This is a tragic accident that might well have been preventable.

The lesson here for Nashville drivers is that you must keep all of your attention on the acting of driving and avoid distractions. You never know when another driver is going to fall asleep, have a medical emergency or get distracted and leave their lane and initiate a deadly collision.

If you or a loved one is injured by a distracted driver, contact the experienced Nashville personal injury lawyers at Phillip Miller & Associates and take advantage of a free consultation. Call 615-356-2000.

Apr192012

Nashville Personal Injury Lawyer Reminds Tennessee Drivers That April is Distracted Driving Awareness Month

Cell Phone Distraction Kills

Cell Phone Distraction Kills

April is National Distracted Driving Awareness Month, and from Virginia to California, the traffic safety community has a simple message for drivers: One Text or Call could Wreck it All.

DOT has worked hard for several years to end the deadly epidemic of distracted driving.  But to kickoff this month, I want to thank the States for their efforts in this important safety fight. Distracted Driving is no joke.

In California, where texting and talking on a hand-held cell phone while driving are against the law, the California Highway Patrol (CHP) and more than 200 local law enforcement agencies will crack down on drivers text messaging and talking on their cell phones behind the wheel.  Is the California law working? Just two years after the state’s ban went into effect, road fatalities had fallen 22 percent.

California’s Office of Traffic Safety also has a terrific campaign to educate drivers: “Don’t be a zombie behind the wheel.” As CHP Commissioner Joe Farrow said, “Every distraction affects a driver’s reaction time, and things can change without notice. Distractions change a seemingly good driver into a zombie.”

Our warmest congratulations today, from everyone at DOT, go to West Virginia. In visits to three different high schools, Governor Earl Ray Tomblin will sign the state’s new texting and hand-held cell phone ban. The new law makes texting behind the wheel a primary traffic offense starting in July. Talking on a hand held cell phone will be a secondary offense beginning in July of this year, but in July 2013, that becomes a primary offense as well.

When the law takes effect, West Virginia will become only the 10th state–plus DC, Guam, and the Virgin Islands–to ban both texting and hand-held cell phone use while driving.  And it’s terrific that Governor Tomblin is taking the signing ceremonies to high schools, where he will be joined by friends and family of those affected by tragic distracted driving crashes; our youngest drivers need to appreciate that no text or call is worth sacrificing safety.

Even in states like Oklahoma and Texas, where state legislatures and governors have not yet enacted texting and hand-held cell phone bans, safety organizations and state DOTs are doing their best to educate drivers this month. The Texas Department of Transportation (TxDOT) joins its safety partners to encourage drivers to refrain from engaging in non-driving activities while on the road, particularly cell phone use and texting. In its second year, TxDOT’s Talk. Text. Crash. outreach campaign is designed to raise awareness of the horrible consequences of distracted driving.

And even though the state doesn’t ban specific distractions, officials from the Oklahoma Highway Safety Office say that law enforcement agencies will be watching closely this month and giving citations to drivers operating distractedly. As Sgt. Ryan Hunnicutt of the Ardmore, OK, Police Department said, “The types of accidents caused by distracted driving can be the worst we see. The accidents caused from you not paying attention so you don’t have a chance to react and suddenly you’re in an oncoming lane of traffic or you’ve hit a tree–these crashes are usually very severe.”

To learn more about the dangers of distracted driving and what you can do to prevent this deadly behavior, please visit distraction.gov, or visit my site at Phillip miller & Associates, or call 615-356-2000.

Apr192012

Nashville Motorcycle Injury Lawyer Reminds Tennessee Drivers That Spring Means More Motorcycle Traffic

Watch Out For Motorcycles

Watch Out For Motorcycles

I wrote in my Blog several weeks ago a warning to Tennessee drivers, that with Spring warmer weather coming in, there would be more motorcycle activity to be alert about. There are some facts that need repeating, so I’ll take this opportunity to share them with you.

Motorcycles are less stable and less visible than cars and often have high performance capabilities. When motorcycles crash, their riders lack the protection of an enclosed vehicle, so they’re more likely to be injured or killed. The federal government estimates that per mile traveled in 2009, the number of deaths on motorcycles was about 25 times the number in cars.

Because serious head injury is common among fatally injured motorcyclists, helmet use is important. Helmets are about 37 percent effective in preventing motorcycle deaths  and about 67 percent effective in preventing brain injuries. Yet only 20 states and the District of Columbia mandate helmet use by all riders.

If you or a loved one is injured or killed in a Tennessee motorcycle accident caused by a negligent driver, be sure to take a moment and call the experienced motorcycle personal injury lawyers at Phillip Miller & Associates and find out about your rights. Call 615-356-2000.

Photo Courtesy of AAA Foundation For Traffic Safety

Apr182012

Nashville Personal Injury Lawyer Talks About Tennessee Interstate Tractor-Trailer Accidents

Watch Out For Big Rigs

Watch Out For Big Rigs

Anyone who has spent ten minutes on a Tennessee Interstate highway has experienced the anxiety caused by an 80,000 lb tractor-trailer flying past them. One can only guess what would happen if the truck ran into them. Most deaths in large truck crashes are passenger vehicle occupants rather than occupants of large trucks. The main problem is the vulnerability of people traveling in smaller vehicles. Trucks often weigh 20-30 times as much as passenger cars, and are taller with greater ground clearance.

Truck braking capability can be a factor in truck crashes. Loaded tractor-trailers take 20-40 percent farther than cars to stop, and the discrepancy is greater when trailers are empty, on wet and slippery roads, or with poorly maintained brakes. Truck driver fatigue is a known crash risk. Drivers of large trucks are allowed by federal hours-of-service regulations to drive up to 11 hours at a stretch and up to 77 hours over a 7-day period. Surveys indicate that many drivers violate the regulations and work longer than permitted.

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 Nashville tractor-trailer attorneys at Phillip Miller & Associates.

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.

Call us at Phillip Miller & Associates at 615-356-2000.

Apr152012

Tennessee Roadway Departure Crashes Becoming An Epidemic In 2012

Tennessee Roadway Departure Crash

Tennessee Roadway Departure Crash

It seems to this experienced Tennessee car accident lawyer that highway fatalities as the result of roadway departure crashes are at an epidemic level. A recent wreck in Mayersville, Mississippi pretty much sets the paradigm.

A 21-year-old Sharkey County man died in a single car crash over the weekend when his vehicle ran off the road, collided with a pole and overturned. The man was not wearing his seat belt at the time of the wreck and was ejected. He was dead at the scene.

So, we ask, what causes 21-year-old drivers to simply drive off of the road? Although there is no one answer to this question, it appears that the main culprit is driver distractions. Driver distractions include cell phone and other electronic device use, speeding, radio, eating and talking to passengers. Sleeping at the wheel is also to be considered.

The lesson for Tennessee drivers is to stay focused on the task at hand and avoid the increasing number of distractions we face in the 21st Century.

If you, or a loved one, is injured or killed in car accident caused by a negligent distracted driver, you owe it to yourself to contact the experienced Nashville personal injury lawyers at Phillip Miller & Associates and find out about your rights and remedies. Call 615-356-2000.

Apr152012

Tennessee Highway Fatalities Increase By 30% In First Quarter Of 2012

Tennessee Highway Fatalities Increase 30%

Tennessee Highway Fatalities Increase 30%

In the past several years, highway fatalities in Tennessee have been on the decline. A recent report from the Tennessee Department of Transportation brings troubling news. According to the report deaths from car and truck accidents in Tennessee have increased in the first three months of 2012, an unusual result given the general decline in accidents, injuries and deaths in the past few years.

The new statistics report that 238 people lost their lives on Tennessee highways in the first three months of 2012.  In the same period last year, only 186 deaths were reported.  The 52 additional deaths represents about a 30 percent increase.

I regularly advise my readers that they can do their parts by following the Tennessee Rules of The Road by not speeding, tailgating, running red lights or any other thing that puts others in jeopardy. THP officials said they attribute the decrease largely in part to people paying more attention to the law. They go on to say that education and enforcement are getting the people’s attention. Educational programs by the State include, DUI, aggressive driving and seatbelt enforcement.

The Staff and automobile accident attorney’s at Phillip Miller & Associates encourage everyone who gets behind the wheel of a motor vehicle in Tennessee to focus on the fact that you are behind the wheel of a weapon that can take your life and the lives of others and you should act accordingly.

If you or a loved one is injured in a Tennessee automobile accident contact the Nashville car accident lawyers at Philip Miller & Associates and find out about your rights and remedies.

Apr142012

Alcohol Consumption Ruled A Factor In Maryville Tennessee Roadway Departure Crash

Booze It And Lose It - Your Life That Is

Booze It And Lose It - Your Life That Is

A Maryville man and woman were injured in a single-vehicle accident on West Lamar Alexander Parkway early Thursday morning. According to local media reports, the  62 male driver was listed as serious following the accident and his 21-year-old passenger was taken to UT Medical Center, where she was listed in stable condition Thursday night.

The media report went on to say that the vehicle was traveling eastbound in a 2003 Hyundai Santa Fe at 2:23 a.m. when the vehicle left the right side of the road, went down an embankment and struck a utility pole. Apparently the couple had been in a local bar since 6 pm the evening before and that police investigators said alcohol was a contributing factor.

As an experienced Nashville automobile accident attorney we know that these typs of 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.

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.