Motorcycle Fatality

WSMV TV in Nashville reported on a tragic Tennessee motorcycle pickup truck fatality on Highway 31 just North of Nashville. Regina Hall, 36, of Bethpage, died when her motorcycle swerved suddenly into the path of an oncoming truck. The article goes on to say that Ms. Hall was an inexperienced rider and was riding her motorcycle for only the second time. Ms. Hall’s had a passenger on board and there is no mention of his outcome from the crash. My prayers go out to the family and friends of Ms. Hall.

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

In 2007, 2,641 (50%) of all motorcycles involved in fatal crashes collided with another type of motor vehicle in transport. In two-vehicle crashes, 78 percent of the motorcycles involved were struck in the front. Only 5 percent were struck in the rear. Motorcycles are more likely to be involved in a fatal collision with a fixed object than are other vehicles. In 2007, 25 percent of the motorcycles involved in fatal crashes collided with fixed objects, compared to 18 percent for passenger cars, 13 percent for light trucks, and 3 percent for large trucks.

As an experienced Nashville automobile accident attorney I couldn’t help but think of the many factors that could have caused this fatal Tennessee motorcycle accident. She left her lane and crossed into the oncoming lane for no apparent reason. Was there a medical emergency, a vehicle malfunction such as a blown tire, was she distracted by something such as a cell phone, or was she drowsy and nodded off for just a second?  So many reasons and so many unanswered questions left for the family to process. The one thing they do know is that their loved ones are gone, and have become just another traffic fatality statistic.

Stories like these remind us that when we get behind the wheel, or handbars, of a motor vehicle we have to have our full attention on the task at hand. We must regularly check the condition of our tires and brakes, we must avoid doing things that cause us to take our eyes off the road, and if we begin to feel drowsy or ill we need to quickly and safely get off the road and address these issues.

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

Yield To Funeral Processions

As an experienced Tennessee automobile accident attorney I think the least understood of the Tennessee Rules of the Road is what to do when you come upon a funeral procession. In most circumstances, the funeral procession is being directed by a private agency officer who has no police authority to stop or direct traffic and motorist don’t feel compelled to follow his/her directions. In Tennessee, it is a common and accepted practice for oncoming traffic to pull to the side of the roadway as a sign of respect when meeting a funeral precession.

Tennessee law instructs the following:

• Vehicles following a funeral procession on a two-lane highway may not attempt to pass such procession; and,

• No operator of a vehicle shall drive between vehicles in a properly identified funeral procession except when directed to do so by a traffic officer.

Reference an article on the website of the Memphis Commercial Appeal reporting on the injury to a funeral escort motorcyclist when a car tried to cut through the procession and turned in front of him while he was directing a funeral procession. The driver of the car was given a citation for failing to yield to a funeral procession.

A co-worker of the injured man said that people cutting through funeral processions are a constant problem for escort services, particularly in Memphis. The co-worker added that in outlying areas, such as Southaven and Millington, motorists pull over respectfully and wait for the group to pass.

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

Reduced Fatalities

Usually there is nothing good about two Tennessee highway fatalities over the period of one weekend, but when the weekend is the Christmas Holiday and in previous years there were up to 22 people killed during this same period, and neither of the fatalities were alcohol related there is room for hope.

According to a news release from the Tennessee Department of Safety a Savannah, Tennessee man, Jerry Paulk, 65, was killed when his vehicle veered off of the road and rolled over into a ravine filled with water.  Thursday morning a 90 year-old Bradley County man, Edward LaMarche, was crossing a street in his motorized wheelchair when he was struck by  car.

Although two families lost loved ones, the good news is that fatalities are way down from what they had been. This seems to be a trend, and one that State officials can take credit for. Fatalities were also down during the 2009 Thanksgiving holiday weekend, dropping from 10 in 2008 to seven this year.

If you or a loved one is injured or killed in a Tennessee automobile accident contact the experienced Nashville car crash attorney’s at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Keep Mandatory Drinking Age

It doesn’t take an experienced Nashville, Tennessee automobile accident attorney to know a good idea when I see it. Minimum 21-year-old drinking age laws prevented an estimated 4,441 drunken driving deaths in the last five years alone, according to a new report recently released by the National Highway Traffic Safety Administration. NHTSA Acting Administrator David Kelly, who presented the report at a symposium on the subject led by Mothers Against Drunk Driving (MADD) said, “Turning our back on these laws would be a deadly mistake. Minimum drinking age laws are among the most effective measures ever used to reduce drunken driving deaths among America’s young people.”

In addition to estimating lives saved due to 21-year-old minimum drinking age laws, the NHTSA study shows the number of lives saved by motorcycle helmets has risen sharply in recent years, paralleling an increase in motorcycle use. Agency estimates indicate that lives saved by helmets rose from 1,173 in 2003 to 1,784 in 2007. For the five-year period ending last year, fully 7,502 lives were spared because motorcyclists used helmets.

The new statistical report examined a series of additional safety issues, and showed that in 2007 alone: frontal air bags saved 2,788 passengers age 13 and older; child safety seats saved 358 lives of children age 4 and under; seat belts saved 15,147 and could have saved another 5,024 lives had they been worn by all vehicle occupants involved in fatal crashes.

We all are responsible for driving, walking, and biking safely on our Nation’s roads. The engineers and planners have the responsibility to make sure that roads are designed and operating properly — with safety for all road users in mind. Drivers and pedestrians have the responsibility to always be alert and obey the traffic rules. Passengers should always buckle up and act responsibly. The police and the courts have the responsibility to make sure that the traffic and pedestrian laws are enforced. Public safety agencies have the responsibility of responding to and securing crash locations and enforcing traffic laws. Local communities and county and state governments need to allocate funding for safe roads and increase public awareness about road safety. Everyone must take responsibility for roadway safety.

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.

Booze It And Lose It

The Tennessee Department of Transportation and the Governor’s Highway Safety Office Director Kendell Poole joined numerous state and local law enforcement agencies and safety advocates this past Wednesday to remind Tennesseans about the dangers of driving impaired this holiday season.

As a visual reminder of the severe result of impaired driving, 327 teddy bears lined the lobby of the Tennessee Performing Arts Center in remembrance of those killed in alcohol related crashes in 2008. After the ceremony the bears were given to Tennessee Child Passenger Safety Centers where they will be distributed to needy children.

“We have made great strides in reducing the number of people killed in alcohol related crashes in Tennessee but there is still much work to be done,” said TDOT Commissioner Gerald Nicely. “If you drink this holiday, don’t drive. It’s not worth the risk of killing yourself or someone else by driving impaired.”

Nationally, 11,773 people died in crashes that involved a drunk driver or motorcycle operator with a blood alcohol concentration (BAC) of .08 or higher in 2008, making up 32 percent of all traffic fatalities.  Also, the 327 people killed in DUI crashes in Tennessee represent 32 percent of the state’s traffic fatalities.

“The three most critical skills for a good, safe driver are judgment, vision and reaction,” said Poole. “Alcohol suppresses all three of these critical driving skills, even before an individual has reached the legal limit.  If you really want to enjoy the holidays, make sure your celebration is one you’ll live to remember.”

During 3D Prevention Month, law enforcement agencies across the state are increasing sobriety and safety checkpoints and are heightening patrols in support of the state’s Booze It and Lose It campaign.

“The holidays are about gathering together with friends and family to celebrate the joys of the season, but no amount of good cheer will save people from the consequences of impaired driving,” said Tennessee Highway Patrol Colonel Mike Walker. “Impaired driving is against the law and Troopers will be out in force working to save lives by making sure drunk and drugged drivers are kept off the road. If we catch you, we will arrest you. No exceptions. No excuses.”

By following these easy steps, drivers can enjoy a safe and festive holiday without placing their own lives and the lives of the others on the road at risk:

Plan a safe way home before the festivities begin;

Designate a sober driver and give that person the keys before ever consuming a drink;

If impaired, use a taxi, call a sober driver, or use public transportation to get home safely;

If you see a drunk driver on the road contact local law enforcement or call *THP (*847);

If someone is about to drive or ride impaired, take their keys and make other arrangements to get them  where they are going safely.

If your holidays are ruined by an impaired driver in a Nashville automobile accident contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies.

Education and Enforcement

As an experienced Nashville automobile accident attorney I have come to understand that the prevention of  automobile accidents on a state-wide basis will come when individual driver’s take responsibility and stay focused on what they are doing. We all are responsible for driving, walking, and biking safely on Tennessee highways. The engineers and planners have the responsibility to make sure that roads are designed and operating properly, with safety for all road users in mind.

Drivers and pedestrians have the responsibility to always be alert and obey the traffic rules. Passengers should always buckle up and act responsibly. The police and the courts have the responsibility to make sure that the traffic and pedestrian laws are enforced. Public safety agencies have the responsibility of responding to and securing crash locations and enforcing traffic laws. Local communities and county and state governments need to allocate funding for safe roads and increase public awareness about road safety. Everyone should take responsibility for roadway safety.

Education and enforcement are the keys to this puzzle. But how best to educate and keep reminding drivers of the rules of the road? An interesting letter to the Editor of the Nashville Tennessean caught my attention the other day.  Scott Whitehead, a thoughtful citizen from Ashland City suggested that the Tennessee Department of Transportation use the digital billboards that are now used to warn of construction delays and missing children, and which are many times blank, as a platform for reminding drivers of their responsibilities. Warnings like following too close, weaving in and out of traffic, seatbelt use, children’s restraints, the whole host of reminders that people need for driving safety.

I for one, think Mr. Whitehead has a great idea and I intend to share this suggestion with Commissioner Gerald Nicely of the Department of Transportation at TDOT.Comments@tn.gov or 615.741.2848, and the Governor’s Highway Safety Office at 615.741.2589.

Practice driving safety, no matter whether you are traveling across the state, or just down to the corner store. If you or a loved one is injured or killed in a Tennessee automobile accident contact the experienced Tennessee automobile accident attorney’s at Phillip Miller & Associates for a free consultation to learn about your rights and remedies

http://tennessee.gov/safety/thp/rulesroad.html

Click It Or Ticket

Highway travel during the 2009 Thanksgiving Holiday week is expected to be heavy in the State of Tennessee as families pile into their cars and head off for holiday destinations. But there’s one sure recipe that can turn a joyful holiday into a tragedy, failure to buckle up.   State Troopers will be patrolling Tennessee Interstates and highways looking for drivers and passengers who are not wearing their seat belt. The message to travelers: “Click it or Ticket”.   The 2009 Thanksgiving Holiday period begins tonight at 6:00 p.m., and runs through midnight Sunday, November 29th.

From a Department of Safety press release; “Seat belts are the single most important safety device in your vehicle and they have saved countless lives and prevented untold numbers of injuries over the years,” said Department of Safety Commissioner Dave Mitchell. “TDOS urges everyone driving on our state’s roads this holiday to drive carefully, don’t drive impaired and, most important, buckle up each and every trip, night and day.”

Although safety belt usage climbed to 81.5 percent in 2008, more than 50 percent of people killed in Tennessee traffic crashes were not wearing a safety belt. Research shows that it’s almost nine times safer to wear your safety belt every time you get in the car.

“If you are planning to travel by car to celebrate the Thanksgiving Holiday with family and friends, make sure you and everyone riding with you buckles your seat belts,” stressed THP Colonel Mike Walker. “Whether you’re traveling across town, or across the state, if you or anyone in your vehicle is unbelted you run the risk of getting a little holiday present from a State Trooper or local law enforcement officer.”

Ten people were killed in crashes on Tennessee roads during the 2008 Thanksgiving Holiday weekend (102-hour holiday period). That is a decrease from 2007 when 13 people died and 20 fatalities in 2006. But six of the eight vehicle occupants who were killed during the 2008 Thanksgiving Holiday weekend were not wearing safety restraints.

From the staff and attorney’s at Phillip Miller & Associates we wish you a safe and joyful holiday season.

As an experienced Nashville accident and injury lawyer I have never seen a collision between a motorcyclist without a helmet and a tree come out in favor of the motrrcyclist.. My sympathies go out to the family of Darry D. Smith, 22, of Oneida, who, according to an article on the web site of WBIR TV in Knoxville, was with friends when he attempted to pull a wheelie on his 2009 Yamaha and lost control, ran into a ditch and was thrown from the bike against a tree.

While travel by motor vehicle has become steadily safer in the United States, motorcycles remain the most dangerous type of motor vehicle to drive. Motorcyclists are involved in fatal crashes at a rate of 35.0 per 100 million miles of travel compared with a rate of 1.7 per 100 million miles of travel in cars. In 2007, 5,154 motorcyclists were killed—an increase of 7 percent over the 4,837 motorcyclists killed in 2006. There were 103,000 motorcyclists injured during 2007. Motorcycles made up nearly 3 percent of all registered vehicles in the United States in 2006 and accounted for only 0.4 percent of all vehicle miles traveled. Per vehicle mile traveled in 2006, motorcyclists were about 35 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 8 times more likely to be injured.

In Tennessee over 90% of motorcycle drivers in crashes from 2004 to 2008 were between the ages of 15 and 59. The number of motorcycle drivers in crashes has increased in every age group over 14 years old since 2004. As a percentage of all motorcycle drivers in crashes, drivers from ages 15 to 24 and 45 to 69 increased, while drivers between the ages of 25 and 44 decreased.

Motorcycles are not toys and should not be treated as if they were. If any good can come from a tragedy such as this it would be that others who knew and loved Mr. Smith will themselves practice motorcycle safety and use this incident to pass on the word to others.

If you or a loved one is injured or killed in a Tennessee motorcycle accident you owe it to yourself to contact the experienced Nashville accident attorney’s at Phillip Miller & Associates for a free consultation to find out about your rights and remedies.

The Federal Highway Administration recently announced it will conduct “the first major in-depth analysis of motorcycle safety in nearly three decades.” The study will be conducted by researchers at Oklahoma State University’s Oklahoma Transportation Center, which is one of the Department of Transportation’s 10 National University Transportation Centers. A provision in the Safe, Accountable, Flexible, EfficientTransportation Equity Act: A Legacy for Users required the study, but its launch was delayed due to funding issues. Researchers plan to evaluate data from motorcycle crashes to help identify common factors, which FHWA officials said will be useful to find countermeasures. The last motorcycle causation study was completed in 1981 by NHTSA. In September, NHTSA concluded a pilot study on motorcycle crash causes and outcomes. DOT spokesperson Rae Tyson said completion of the pilot study was necessary to help OSU researchers establish research criteria for the upcoming study.

According to the National Highway Traffic Safety Administration (NHTSA) per vehicle mile traveled in 2006, motorcyclists were about 35 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 8 times more likely to be injured. Speeding, traveling too fast for conditions or in excess of the posted speed limit, is a factor in almost one-third of all fatal crashes and costs America approximately $27.7 billion dollars in economic losses each year. Speeding is a safety concern on all roads, regardless of their speed limits. Much of the public concern about speeding has been focused on high-speed Interstates. The Interstate System, however, actually has the best safety record of all roads and the lowest fatality rate of all road classes.

Motorcycle Safety Study

Collector roads usually have legal speed limits of 55 mi/h or less. Speed limits on local roads are often 35 mi/h or lower.

If you or a family member is injured in a Tennessee motorcycle accident you owe it to your self to contact the experienced Tennessee motorcycle accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Drunk Driving Has A High Costs

Facing a possible life sentence Randy Scott Ostrihan, 41, pled guilty and was sentenced to 20 years in he Kentucky prison system for killing a woman and paralyzing the driver of a motorcycle he rammed while he was drunk. In addition, he is banned for life from having a drivers license or driving a motor vehicle.

According to the Bowling Green Daily-News he pled guilty to murder based on wanton conduct, first-degree assault and operating a  motor vehicle under the influence of intoxicants. At the sentencing hearing he had to face the sister of the the deceased woman, Dawn Hatridge, 54, of Bowling Green and Phillip Bishop, 55, also of Bowling Green, now confined to a wheelchair. Ostrihan’s blood alcohol level was 0.17 more than twice the legal limit. He will have to serve 17 years of that sentence before he is eligible for parole.

As an experienced car accident lawyer I want to remind you that driving with a BAC of .08 or higher is illegal in every state. If you follow my blog you will see that in Tennessee we continue to see a tragic number of people with debilitating injuries and deaths as a result of impaired driving. This careless disregard for human life must stop. To help ensure that happens, the Tennessee Highway Patrol has made it entirely clear that it is dedicated to arresting impaired drivers wherever and whenever they find them.

Drunk driving is one of America’s deadliest crimes. According to the Tennessee Highway Patrol in Tennessee in 2008, 327 people were killed in crashes where the driver or motorcyclist had a blood alcohol concentration (BAC) of .08 or higher. That is down from 377 people killed in 2007 with a BAC of .08 or higher. If you are convicted in Tennessee here’s what your looking at:

1ST TIME DUI OFFENDER – .08 (BAC) [55-10-401] [55-10-403]

●     48 hours to 11 months, 29 days of jail for offenders under the age of 21.

●     24 hours to 11 months, 29 days of jail for offenders 21 and over

●     .20 BAC or greater minimum jail time 7 consecutive days

●     License revocation for 1 year

●     You will be ordered to participate in a DUI school

●     Pay restitution to any person suffering physical injury or personal loss

●     $350-$1,500 Fine

●     With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900.

●     Judge can order you to install a vehicle Ignition Interlock Device at your expense. Minimum 1st year cost $810 [55-10-412d]

●     If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.

●     Drug and Alcohol Treatment may be required at the judge’s discretion.

If you or a loved one is injured or killed in a Nashville automobile accident involving a drunk driver contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates for a free consultation and find out about your rights and remedies.