Category: Federal Regulations

Dec142011

Nashville Personal Injury Lawyer Reports New Recommendations On Cell Phone Use By The NTSB

Distractions Kill

Distractions Kill

National Transportation Safety Board

Office of Public Affairs

December 13, 2011

Following today’s Board meeting on the 2010 multi-vehicle highway accident in Gray Summit, Missouri, the National Transportation Safety Board (NTSB) called for the first-ever nationwide ban on driver use of personal electronic devices (PEDs) while operating a motor vehicle.

The safety recommendation specifically calls for the 50 states and the District of Columbia to ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers. The safety recommendation also urges use of the NHTSA model of high-visibility enforcement to support these bans and implementation of targeted communication campaigns to inform motorists of the new law and heightened enforcement.

“According to NHTSA, more than 3,000 people lost their lives last year in distraction-related accidents”, said Chairman Deborah A.P. Hersman. “It is time for all of us to stand up for safety by turning off electronic devices when driving.”

“No call, no text, no update, is worth a human life.”

On August 5, 2010, on a section of Interstate 44 in Gray Summit, Missouri, a pickup truck ran into the back of a truck-tractor that had slowed due to an active construction zone. The pickup truck, in turn, was struck from behind by a school bus. That school bus was then hit by a second school bus that had been following. As a result, two people died and 38 others were injured.

The NTSB’s investigation revealed that the pickup driver sent and received 11 text messages in the 11 minutes preceding the accident. The last text was received moments before the pickup struck the truck-tractor.

The Missouri accident is the most recent distraction accident the NTSB has investigated. However, the first investigation involving distraction from a wireless electronic device occurred in 2002, when a novice driver, distracted by a conversation on her cell phone, veered off the roadway in Largo, Maryland, crossed the median, flipped the car over, and killed five people.

Since then, the NTSB has seen the deadliness of distraction across all modes of transportation.

In 2004, an experienced motorcoach driver, distracted on his hands-free cell phone, failed to move to the center lane and struck the underside of an arched stone bridge on the George Washington Parkway in Alexandria, Virginia. Eleven of the 27 high school students were injured;

In the 2008 collision of a commuter train with a freight train in Chatsworth, California, the commuter train engineer, who had a history of using his cell phone for personal communications while on duty, ran a red signal while texting. That train collided head on with a freight train – killing 25 and injuring dozens;

In 2009, two airline pilots were out of radio communication with air traffic control for more than an hour because they were distracted by their personal laptops. They overflew their destination by more than 100 miles, only realizing their error when a flight attendant inquired about preparing for arrival.

In Philadelphia in 2010, a barge being towed by a tugboat ran over an amphibious “duck” boat in the Delaware River, killing two Hungarian tourists. The tugboat mate failed to maintain a proper lookout due to repeated use of a cell-phone and laptop computer;

In 2010, near Munfordville, Kentucky, a truck-tractor in combination with a 53-foot-long trailer, left its lane, crossed the median and collided with a 15-passenger van. The truck driver failed to maintain control of his vehicle because he was distracted by use of his cell-phone. The accident resulted in 11 fatalities

In the last two decades, there has been exponential growth in the use of cell-phone and personal electronic devices. Globally, there are 5.3 billion mobile phone subscribers or 77 percent of the world population. In the United States, that percentage is even higher – it exceeds 100 percent.

Further, a Virginia Tech Transportation Institute study of commercial drivers found that a safety-critical event is 163 times more likely if a driver is texting, e-mailing, or accessing the Internet.

“The data is clear; the time to act is now. How many more lives will be lost before we, as a society, change our attitudes about the deadliness of distractions?” Hersman said.

If you or a loved one is seriously injured or killed in a Nashville auto accident caused by a distracted driver contact the experienced Nashville personal injury accident lawyers at Phillip Miller & Associates. Call 615-320-2000.

Nov142011

Tennessee Truck Driver Abandons His Tractor-Trailer Seconds Before A Train Destroys It

Don't Try To Outrun The Train

Don't Try To Outrun The Train

A recent Tennessee media article about a train/tractor-trailer collision leaves this Nashville personal injury attorney somewhat confused. The collision occurred in downtown Dayton, Tennessee when a tractor-trailer carrying a load of furniture, got stuck on the tracks. Herein lies my confusion, how in the world do you get a commercial truck get stuck on the tracks? Fortunately the driver escaped from the cab before the collision.

Did the driver not see the railroad crossing signs? Did he ignore them? I really wish the local media reporters would pay more attention to details so that those of us who try to inform Tennessee drivers about safety on the roadways.

As an experienced Tennessee auto accident attorney this situation seems hard to fathom. If police investigators rule out drugs or alcohol as factors, we are left to speculate whether he was distracted to such a degree that he was totally oblivious to the sight of the train and the bells and flashing lights. Investigators will surely look into his cell phone records to see if the distraction, like most distraction accidents, was caused by the device.

In the United States a round sign with an X shape and the initials R&R warn drivers that there is a railroad ahead. This circular sign always means that you are approaching a railroad grade crossing. You must slow down and be ready to stop. This sign tells you that it is up to you to stop if you see a train coming. NEVER TRY TO “BEAT” THE TRAIN. YOU WILL USUALLY MISJUDGE ITS SPEED. More than 200 traffic crashes occur each year at railroad crossings. Do not play with your life trying to “beat the train.”

A broad “X” shape warns motorists that the railroad is here. This is known as a crossbuck sign. It is placed at all railroad grade crossings and shows exactly where the tracks are located.  Some crossbucks like the one here  are equipped with two lights underneath the “X.” Flashing lights on a crossbuck mean that a train is coming. Always stop when the lights are flashing. Remain stopped until the train has passed. If there is more than one track, be sure all tracks are clear before crossing.

For these and other important highway safety tips visit the web page of the experienced Nashville automobile accident attorneys at Phillip Miller & Associates.

Oct212011

Distracted Commercial Bus Driver Rams Into Tractor-Trailer

Only As Safe As The Driver

Only As Safe As The Driver

The first question that came to mind when I read the local media report describing the rear-end wreck on the New York Thruway involving a tractor-trailer that was struck from behind by a Trailways commercial bus, was what in the world was the commercial bus driver doing that prevented him from seeing the truck in front of him.

Since the bus company didn’t return calls to the media outlet and share their side of the story (probably a wise move) we don’t know whether the driver was distracted, had some sort of a medical emergency or fell asleep at the wheel. Fortunately for the passengers, the driver, the trucker and the bus company, no one was seriously injured but the passenger did have to be extricated from the bus with power tools.

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 commercial bus driver. For a bus company whose vehicles travel millions of miles per year, accidents are an everyday occurrence. Commercial transportation 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 bus 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 commercial transportation accident and suffer a serious or life threatening injury?  It means that the bus 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 bus 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 types 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 bus accident lawyer like those you will find at Phillip Miller & Associates. If you or a loved one is injured in a car/bus 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.

Oct192011

Distracted Tennessee Tractor-Trailer Driver Slams Into Stopped Cars On The Interstate

Commercial Truck Accident

Commercial Truck Accident

As an experienced Nashville personal injury lawyer, I still find it hard to believe it when a tractor-trailer driver, after slamming into stopped traffic on Interstate 81, tells police he “didn’t notice traffic on the Interstate had stopped.” Fortunately no one died. The next question the investigators are going ask is, “what were you doing that prevented you from paying attention to the traffic in front of you on the interstate highway?”

The first step in the investigation is to confiscate the drivers cell phone and log book. Under Federal law it is a violation if a commercial truck driver uses a cell phone while driving. The logbook will reveal whether the driver has violated the law on how many hours he/she may drive.

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.

If you or someone you love has been hurt in a serious Tennessee tractor-trailer 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 tractor-trailer 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. Call 615-356-2000.

Oct42011

Jackson Tennessee Man Plays Beat The Train And Loses

Don't Play Best The Train

Don't Play Best The Train

Local media reports say that the Jackson, Tennessee driver simply pulled in front of a train pulling forty two box cars shortly afternoon this past week. Fortunately, the 50-year-old man received non-life threatening injuries. Accidents like this don’t need to happen if drivers just pay attention and take some simple precautions.

The best place to find out about the relevant Railroad crossing signs is the Tennessee Drivers Study Guide which you can get online or from the nearest Tennessee Department of Safety Driver’s License office. The railroad crossing sign is round and has a large X with the letters RR in the middle. This circular sign always means that you are approaching a railroad grade crossing. You must slow down and be ready to stop.

This sign tells you that it is up to you to stop if you see a train coming. More than 200 traffic crashes occur each year at railroad crossings. Do not play with your life trying to “beat the train.” After the warning sign you will see a sign known as a crossbuck sign. It is placed at all railroad grade crossings and shows exactly where the tracks are located.

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.

Sep182011

Ignoring Tennessee Train Crossing Signal Is A Fool’s Game

As an experienced Tennessee auto accident attorney I can tell you that when a car and a train collide at a crossing, one of two things happened; either the emergency equipment failed or the driver made a bad decision. Either way, the car never wins.

In a recent accident, a truck driver from Memphis, Tennessee is lucky to be alive after his 18-wheeler was struck by a train and dragged more than 200 feet. The driver told police investigators that when he pulled up to the crossing he looked both ways and didn’t see anything coming before he proceeded onto the tracks. The warning lights were activated and the truck driver ignored them.

The train hit the truck and drug it down the tracks for over 200’ before the man was able to get his seat belt off and jump out of the trucks front window. He was miraculously unhurt but he was ticketed for trying to cross the tracks while the lights were flashing. His truck and trailer were totaled.

Many Tennesseans drive over railroad crossings everyday, most not thinking twice about the prospect of an oncoming train making contact with their vehicle. However, upon analyzing the data collected from the entire state, perhaps they should. There is a strong downward trend in the number of injury and property damage crashes.

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

Don't Gamble at a Train Crossing

Don't Gamble at a Train Crossing

, 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.

Jul312011

15-Passenger Vans – Dangerous and Deadly Designs

Dangerous Vehicle

Dangerous Vehicle

I have been following a horrific interstate accident that took the life of a young woman and seriously injured several others on I-40 West of Nashville. The accident draws attention to the dangers of 15 passenger vans like those used by churches, day care centers, colleges and universities.

In recent warnings issued by the National Highway Traffic Safety Administration, the NHTSA said that it is directing the advisory to church groups, other non-profit organizations and colleges that may be keeping older 15-passenger vans in service longer than usual because of tight transportation budgets.

Pre-primary, primary and secondary schools should not use 15-passenger vans for transporting school children, as they do not provide the same level of safety as school buses. It is also against federal law for schools to buy new 15-passenger vans for school transportation purposes.

Here are some safety tips for anyone planning a trip in 15-passenger vans:

* If you are an owner, make sure the vehicle is properly maintained.

* Owners should make sure drivers are fully trained and experienced in operating a 15-passenger van and are properly licensed.

* 15-passenger vans are very sensitive to loading and should not be overloaded under any circumstances. Agency research shows overloading not only increases rollover risk but makes the vehicle more unstable in any handling maneuvers.

* Owners should make sure that properly sized tires are being used on their vehicles.

* Before every trip, drivers should check the tires for proper inflation, and make sure there are no signs of wear. Correct tire size and inflation pressure information can be found in the owner’s manual.

* If you are a passenger, make sure you buckle up for every trip.

The driver of the van in question was a 24-year-old church member who, according to local media reports fell asleep while driving. The deceased child was not wearing a seat belt.

If you or a loved one is injured or killed in an accident caused by a 15 passenger van, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates. Call 615-356-2000

Jul312011

DUI Roadblocks – Do They Save Lives Or Violate The Constitution?

Don't Drink and Drive

Don't Drink and Drive

Today’s Chattanooga Times-Free Press had an interesting article by writer Mariann Martin that I think is important for every Tennessean interested in highway safety. The article concerns the use of roadblocks and saturation patrols to prevent drunk driving. I’d love to hear your thoughts about the issues raised herein.

Georgia held 80,000 roadblocks in past 4 years

by Mariann Martin

Most states receive federal funding for roadblocks and other highway safety programs, administered through the Governors Highway Safety Association. Funding for the Alcohol-Impaired Driving Countermeasure Incentive Grant, which requires states to use half the grant for sobriety checkpoints or saturation patrols, increased from $40 million in 2005 to $139 million in 2009. Over the last 10 years, Georgia has received $24.6 million in funding from that grant, while Tennessee has received $16.3 million.

Last year, the Georgia State Patrol held 9,800 roadblocks across the state, an average of 26 a day, with about 37,000 man-hours invested in the checkpoints. In comparison, the Tennessee Highway Patrol held 563 roadblocks, an average of fewer than two a day. The Alabama Highway Patrol more than tripled in the last five years the number of roadblocks it holds, and it fell between Tennessee and Georgia with 2,487 roadblocks in 2010.

In addition to roadblocks held by state police, local law enforcement agencies in Georgia reported holding 9,423 roadblocks to the Governor’s Office of Highway Safety under a voluntary reporting system. About two-thirds of local agencies reported their numbers. Altogether, Georgia law enforcement agencies reported holding more than 80,000 roadblocks over the last four years.

Some people call Georgia’s roadblock numbers shocking, a violation of individual rights that cannot be justified by the need to check for driving violations or drunken drivers. Law enforcement officials say the roadblocks are part of the state’s successful highway safety program. The proof can be shown by the decrease in traffic fatalities, dropping from 1,729 fatalities in 2005 to 1,284 in 2009, they say.

“What we’ve found is that checkpoints are an effective tool to raise public awareness, to deter impaired drivers,” said Spencer Moore, deputy director for the Georgia Governor’s Office of Highway Safety. “With these checkpoints, we believe the numbers will continue to go in the right direction. Because, for our office, one fatality is one too many.”

But Gary Biller, executive director of the National Motorists Association, which was founded to represent the rights of motorists, said the numbers are alarming and that police roadblocks do not lessen fatalities. Research has shown that most arrests for driving under the influence are made by patrolling officers, not those in roadblocks, he said.

“Even from a common-sense standpoint, it is a very high number,” said Biller, whose organization contends that most roadblocks violate the Constitution’s Fourth Amendment governing unlawful search and seizure. “With that many roadblocks, law enforcement is casting a very wide net. They are generating a reason to find probable cause.”

REDUCING FATALITIES

Proponents of roadblocks cite the drop in traffic fatalities over the last decade as justification for them. But statistics do not show a clear correlation between more roadblocks and lower fatality rates. It is true that Tennessee has a slightly higher crash-fatality rate than Georgia, but only slightly. In 2009, the most recent numbers available, Tennessee had a little more than 15 vehicular accident deaths per 100,000 residents, while Georgia had about 13. Both states had significant drops in traffic fatalities over the past five years, although both still rank higher than the national average. In Georgia, about 26 percent of those deaths in 2009 were linked to impaired driving, while about 31 percent of Tennessee traffic fatalities involved crashes linked to alcohol impairment.

Alabama, whose state roadblock numbers fall between those of Georgia and Tennessee, had a higher number of fatalities overall and of DUI related-fatalities than either neighboring state. In 2009, the state had 18 crash fatalities per 100,000 residents, with 33 percent of those linked to impaired driving.

However, states such as Michigan, Minnesota, Oregon, Rhode Island, Washington and Texas, which are among a dozen that prohibit roadblocks under a state constitution or by some other means, had lower fatality rates than all three states.

STATE DIFFERENCES

Georgia and Tennessee have slightly different state Supreme Court rulings regulating how roadblocks are held, with Tennessee having more stringent requirements. That difference is likely the main reason the states have such disparate numbers, according to Richard Holt, law enforcement administrator with the Tennessee Governor’s Highway Safety Office.

Tennessee requires public notice be given in advance of when and where a roadblock will be held. The notice must be printed in the local newspaper and announced on local radio stations. Georgia does not require advance notice, but the roadblock must be approved by a supervisor in the agency involved.

“It requires a little more planning on our part, and that is probably why we don’t have as many,” Holt said. “But I also think it is a fair way; it is something that is planned and not just set up ad hoc.”

Holt said the requirements may be a double-edged sword. They limit the number of roadblocks, but public notices increase publicity and awareness about sobriety checkpoints. Sometimes officials will announce several roadblocks but end up holding only one because of manpower constraints or other reasons, he said. Nevertheless, the public notice even for roadblocks not held is a deterrent, he said.

Overall, he said he thinks the limitations placed on law officers regarding roadblocks are a good thing and have not lessened their ability to reduce crashes and fatalities.

Instead of roadblocks, Tennessee law enforcement agencies hold saturation patrols, Holt said. In such patrols, officers drive around areas that have a high number of DUI incidents or crashes and pull over drivers who are driving unsafely or illegally.

“In our case, we have found them to be more effective than roadblocks,” Holt said. Capt. David McGill, who heads the Tennessee Highway Patrol in the Chattanooga area, said his agency is not given specific guidelines on how many roadblocks to conduct. Each district captain makes those decisions based on manpower available and data on crash and DUI statistics, he said.

But a roadblock must be approved by department heads in Nashville before it is held, McGill said. The agency also provides the information to local media and the local district attorney, he said.

In addition, all officers participating in the roadblock are read the highway patrol’s general order for conducting a roadblock before they begin, McGill said, and, under that general order, at least four officers must conduct the roadblock and it must be held a maximum of two hours. The agency also videotapes roadblocks.

“I would say we provide a good amount of checkpoints here in the Chattanooga district,” McGill said. “It is a good public relations tool and a way to interact with our communities.”

Lt. Paul Cosper, spokesman for the Georgia State Patrol, and Moore, with the Governor’s Office of Highway Safety, also cited statistics to show that, even though Georgia holds vastly more roadblocks, they are effective and a good use of personnel.

“When they hold a checkpoint, officers hand out tickets for a lot of different kinds of violations,” Cosper said. “It may range from DUI to having bald tires; all things that pose a danger to safety.”

Under Georgia case law, the decision to implement the roadblock must be made by supervisory personnel rather than officers in the field, and all vehicles are stopped as opposed to random vehicle stops. In addition, the delay for motorists is minimal, the roadblock operation is well identified as a police checkpoint and officers must be properly trained.

“These checkpoints are being held all over the state,” Moore said. “It is very effective in deterring other types of crime as well; it is very good for overall public safety.”

LOCAL LAW ENFORCEMENT

The Georgia State Patrol is not the only agency conducting many roadblocks a year; even small Georgia law enforcement agencies hold dozens. Varnell in Whitfield County, with a population of about 1,600 and a police force of seven listed on the town’s website, reported holding 40 roadblocks last year. Officers made 32 DUI arrests in 2010, according to numbers reported to the state.

Numbers of roadblocks held vary widely from county to county and from year to year. In general, the number of roadblocks does not seem to increase the number of DUI arrests. All arrest numbers reported are total DUIs, not just those made at roadblocks. For example, the Whitfield County Sheriff’s Office reported 111 roadblocks in 2007, a year in which it charged 194 people with DUI. In 2009, the agency held 29 roadblocks but charged 236 people with DUI.

The Catoosa County Sheriff’s Office reported 59 roadblocks in 2010, with 153 DUI arrests. In 2009, it held 86 roadblocks and made 126 DUI arrests.

Tennessee does not track local law enforcement roadblocks, so numbers were not available. Several local law enforcement agencies, including the Chattanooga Police Department, the Bradley County Sheriff’s Office and the Cleveland Police Department, said they generally hold roadblocks only in conjunction with the Tennessee Highway Patrol.

Law enforcement officials in Georgia have said their roadblocks are held under federal and state guidelines for traffic safety.

But some Georgia lawyers said having so many roadblocks so frequently raises questions about why the roadblocks are held and whether they may violate U.S. Supreme Court Fourth Amendment rulings.

Atlanta attorney Charles Kuck called the Georgia numbers “shocking.” As an immigration lawyer, he sees many illegal immigrants arrested in roadblocks and held for possible deportation, he said. “It raises questions about the real reason they are holding these roadblocks,” he said.

EFFECTIVENESS QUESTIONS

National highway safety and insurance groups agree with Georgia’s stance on roadblocks, but other groups say the state risks violating citizens’ rights.

“It’s about frequency and visibility,” said Russ Rader, with the Insurance Institute for Highway Safety, a nonprofit organization that promotes highway safety. “Research shows sobriety checkpoints are very effective as a deterrent to drinking and driving. The key thing about checkpoints is that they create an atmosphere where people are aware of the dangers.”

Judie Stone, president of Advocates for Highway and Auto Safety, took her affirmation a step further. “Ten thousand checkpoints are going to be more effective than the fewer numbers,” Stone said. “If you do it only sporadically, people are going to be able to get away with impaired driving. They are not perfect, but the number of traffic fatalities [has] gone way down with increased awareness and checkpoints.”

Biller disagreed. His organization supports safe driving and programs to reduce traffic fatalities and DUIs, he said, but the numbers do not show that roadblocks help lower fatality rates. He cited one study done recently in California that shows only 2.3 percent of DUI arrests in the state were made at roadblocks.

“Police patrols are much more effective as opposed to stopping everyone,” he said. “They are inconveniencing a large number of drivers to find that one driver.”

If you or a loved one is injured in a Tennessee automobile accident caused by a drunk driver, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and take advantage of a free consultation. Call 615-356-2000.

Jul162011

Distracted Tractor-Trailer Driver Causes Chain Reaction Collision

Distracted Truck Driver

Distracted Truck Driver

In heavy traffic, one act of negligence can turn into a chain reaction collision that might well have fatal consequences. That was the case this past week when two people were badly injured in a rear-end collision that began when cars began to slow for an upcoming construction project zone.

Somewhere back in the line was a tractor-trailer that failed to slow down and slammed into the vehicle ahead of it, and on and on, to the vehicle ahead of it. Fortunately no one was killed but a number of vehicle were wrecked and their drivers and passengers injured.

When questioned by police, the truck driver told them he was adjusting his mirrors and when he looked ahead it was too late to stop. As an experienced Tennessee accident attorney, I would remind this truck driver and all Tennessee drivers that the time to adjust your mirrors is before you put your vehicle on the road.

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. Investigators will most probably review his cell phone records and find that he was engaged in a conversation with someone and concocted the mirror story to avoid getting fired.

This accident brings to mind some advice that I would like to share for 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. Call 615-356-2000.

Jul32011

Drugged Tennessee Tractor-Trailer Driver Crashes And Kills Three Human Beings

Truck Driver High On Dope

Truck Driver High On Dope

North Carolina State troopers say the driver of a tractor-trailer was under the influence of marijuana and methadone when his vehicle caused a crash on Interstate 40 that killed three people Thursday. The 50-year-old Tennessee man is in the Durham County jail after being charged with driving while impaired and three counts of felony death by vehicle.

The man was driving a truck owned by an East Tennessee company that has been cited for dozens of violations related to fatigued drivers and unsafe driving, according to federal inspection records. The accident killed the drivers of three other vehicles.

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 are the victim of a Nashville or Tennessee tractor-trailer accident we urge you to contact our experienced Tennessee 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.