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

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.

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.

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.

Follow the Law

As an experienced Nashville automobile accident attorney, I advise all smugglers, drug dealers, counterfeiters and other thugs and ner-do-wells who use the highways and byways of Tennessee, that if you are going to ply your illegal trade it might be a good idea to follow all of the rules of the road. Don’t speed, use turn signals, make sure your lights and other equipment are in proper working order.

If you don’t you will end up like a couple of people in one or more of the categories I mentioned above, in jail and facing a laundry list of serious felonies. Metro Nashville police officers from the Aggressive Driving Unit, witnessed a 2003 Cadillac CTS approach the split between I-40 and I-65 in south Nashville.

Without warning the Cadillac cut across all the lanes of traffic, wasn’t using it’s turn signal and nearly side swiped another vehicle and almost wrecked. When police stopped the car they found $14,600 in counterfeit $100 bills, a half-pound of marijuana, crystal methamphetamine, morphine and ecstasy pills as well as a money counting machine.

The two Nashville men refused to allow police to search their vehicle but a K-9 called to the scene alerted for drugs. The men are in jail and the counterfeiting case has been turned over to the Federal ATF unit. This situation adds new meaning to the idea of safe driving. But, as Forrest Gump’s Momma used to say, “Stupid is as stupid does.”

For these and other Tennessee highway safety tips visit the website of Phillip Miller & Associates and find out what you need to know about safe driving on the highways of Tennessee. Call 615-356-2000

Congress is in the middle of working out a multi-year transportation funding bill, the Safe and Efficient Transportation Act. The Bill was reintroduced in the House of Representatives in February. The legislation, introduced in the House as H.R. 763, would increase maximum weights for single-trailer trucks by 8 1/2 tons, from 80,000 pounds to 97,000 pounds. The Bill would also remove restrictions of triple trailers.

This increase is opposed by a wide-range of groups, like AAA, the International Brotherhood of Teamsters union and Owner-Operator Independent Drivers Association oppose the bill as well, according to the Coalition Against Bigger Trucks. The bill is opposed on several grounds, the first is safety, the second is the damage the heavier trucks would cause to an already overworked infrastructure.

The pro argument is that trucks are good for the economy, and I agree, but, as with anything, a balance has to be struck between profit and safety on the highways. Presently, it takes a loaded truck 10 times longer to stop than a 2,000-pound car. I oppose the bill as it is presently written and it appears that only a very small segment, the freight companies, will benefit. The average highway traveler will lose and hundreds, if not thousands of people will die as the result of the passage of this bill.

If you or a loved one is injured of killed in a Tennessee tractor-trailer accident, time is of the essence. Contact the experienced Tennessee tractor-trailer accident lawyers at Phillip Miller & Associates at 615-356-2000, and take advantage of a free consultation.

Photo thanks to http://www.dreamstime.com/

How Big Is Too Big?

Focus On Tennessee Passenger Van Safety

An often overlooked area of Tennessee highway safety is safe driving for passenger vans. You know the vans I’m referring to, they hold twelve to fifteen people and are often used by churches, high schools and colleges, and other organizations to haul people from place to place.

This time of year you often see more and more of these vehicles on the roadways in Tennessee. Likewise, we see an increase in passenger van injuries and fatalities. Organizations, to avoid injury and death to their passengers, and the subsequent law suits that follow that accident, ought pay particular attention to the qualifications and skills of the people they choose to drive them.

When thinking about passenger van safety there are number of things to keep in mind.  Passenger vans handle very differently from smaller passenger vehicles because they are typically longer, higher, and wider. They require additional reliance on the side mirrors for changing lanes, more space, additional braking distances, and have a higher risk of crashes and rollovers if not properly driven and maintained. Driver should be well trained and experienced. The Tennessee Department of Transportation suggests the Rivers Program

R            Rest well. Fatigue can affect driving and response time.

I            Inspect the vehicle before every trip, especially the tires.

V            Vehicle weight should never exceed the Gross Vehicle Weight Rating.

E            Ensure all passengers are buckled up and side mirrors adjusted.

R            Replace old tires. Check the vehicle owner’s manual for correct size.

S            Safety is First.

If you or a loved one is injured or killed in a Tennessee vehicle accident caused by a negligently driven or maintained passenger van you owe it to your family to consult with an experienced Nashville personal injury lawyer, like one of the attorney’s at Phillip Miller & Associates. Call 615-356-2000 and come in for a free consultation about your loss.

Don't Hire Just Any Lawyer

The U.S. Department of Transportation released results from an unprecedented ten-month study of potential electronic causes of unintended acceleration in Toyota vehicles. The National Highway Traffic Safety Administration (NHTSA) launched the study last spring at the request of Congress, and enlisted NASA engineers with expertise in areas such as computer controlled electronic systems, electromagnetic interference and software integrity to conduct new research into whether electronic systems or electromagnetic interference played a role in incidents of unintended acceleration.

NASA engineers found no electronic flaws in Toyota vehicles capable of producing the large throttle openings required to create dangerous high-speed unintended acceleration incidents. The two mechanical safety defects identified by NHTSA more than a year ago – “sticking” accelerator pedals and a design flaw that enabled accelerator pedals to become trapped by floor mats – remain the only known causes for these kinds of unsafe unintended acceleration incidents. Toyota has recalled nearly 8 million vehicles in the United States for these two defects.

While NASA and NHTSA have identified no electronic cause of dangerous unintended acceleration incidents in Toyota vehicles or any new mechanical causes beyond sticking pedals and accelerator pedal entrapment, NHTSA is considering taking several new actions as the result of today’s findings, including:

Propose rules, by the end of 2011, to require brake override systems, to standardize operation of keyless ignition systems, and to require the installation of event data recorders in all passenger vehicles;

Begin broad research on the reliability and security of electronic control systems;

Research the placement and design of accelerator and brake pedals, as well as driver usage of pedals, to determine whether design and placement can be improved to reduce pedal misapplication.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a faulty or defective vehicle design and you wish to obtain redress in the form of monetary damages, you are going to need an experienced Nashville auto accident lawyer to handle your claim. At Phillip Miller & Associates you can find Certified Civil Trial Lawyers who have undergone a strict training training and qualification program to guide you through the process. Call 615-356-2000.

Aggressive Driving or Road Rage?

As law enforcement agencies develop their programs, they should define aggressive driving based on their state laws, customs and practices by the agency, and by the public’s understanding.

The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as, “when individuals commit a combination of moving traffic offenses so as to endanger other persons or property.” Some other communities define aggressive driving as “the operation of a motor vehicle involving three or more moving violations as part of a single continuous sequence of driving acts, which is likely to endanger any person or property.”

To avoid conflict with the term road rage, departments should clearly identify that issue and train their officers to use the correct terminology during the program as well as during traffic stops and public information opportunities. Road rage differs from aggressive driving. It is a criminal offense and is “an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of one motor vehicle on the operator or passenger(s) of another motor vehicle or is caused by an incident that occurred on a roadway.”

Some behaviors typically associated with aggressive driving include: exceeding the posted speed limit, following too closely, erratic or unsafe lane changes, improperly signaling lane changes, failure to obey traffic control devices (stop signs, yield signs, traffic signals, railroad grade cross signals, etc.). Law enforcement agencies should include red light running as part of their definition of aggressive driving. NHTSA calls the act of red light running as one of the most dangerous forms of aggressive driving.

If you or a loved one is injured or killed in a Tennessee car accident caused by an aggressive driver, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates.

As Americans we tend to think of ourselves and our standards as superior to other countries, but it’s not true when it comes to how we approach traffic safety and automobile accidents in Tennessee and other states.

Most high- income countries are reducing traffic fatalities and fatality rates faster than we are in the United States, and several countries that experienced higher fatality rates 20 years ago now are below the U.S. rate.

From 1995 to 2009, annual traffic fatalities declined by 52 percent in France, 39 percent in the United Kingdom, 25 percent in Australia, and 50 percent in total in 15 high-income countries (excluding the United States) for which long-term fatality and traffic data are available, but by only 19 percent in the United States.

Some U.S. states do better than Tennessee when it comes to traffic safety and deaths, but generally our international neighbors do better than we do. Click here to see the full report.

If you or anyone you know has been injured or killed in a Nashville car accident, please contact Nashville injury attorney Phillip Miller and the Nashville personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.