Why Did He Drive Off The Raod?

As an experienced Tennessee motorcycle accident attorney I have reviewed hundreds of accidents and I am becoming alarmed at the number motorcycles involved in roadway departure crashes this year. The local media article I read about a fatal motorcycle roadway departure crash in Cumberland County Tennessee didn’t give me much information but that’s not uncommon in single vehicle accidents.

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

According to the Federal Highway Administration roadway departure crashes are frequently severe and account for the majority of highway fatalities. In 2008, there were 19,794 fatal roadway departure crashes resulting in 22,080 fatalities, which was 53 percent of the fatal crashes in the United States driver inattention is the leading factor in most crashes. Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event.  Primary causes of driver inattention are distracting activities, such as cell phone use, and drowsiness. We will probably never know what caused this driver to take his attention from the task at hand, it only takes a second or two of a distraction and you’re off the road into the safety barrier.

If you want more information on Tennessee highway safety or you have been involved in an automobile accident, contact the Board Certified Civil Trial Lawyers at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights.

Following Too Close

As an experienced Tennessee automobile accident lawyer I can tell you one thing for certain, and that is that Interstate driving is different than you will experience on any other type of highway. Traffic on interstates usually moves more safely and efficiently because access is controlled. There are no stop signs, no railroad crossings and no traffic lights. Interstates usually have few steep hills or sharp curves to limit the view of the road ahead.

Limited access or controlled access means that drivers enter or leave the roadway only at entrances and exits, called interchanges, without ever crossing the path of other traffic. Interstates and divided highways have largely removed the chance of head-on collisions. Interstate driving requires good skills and habits so you can safely get where you are going. Safe use of the interstates demands a complete awareness of a higher speed type of driving and constant alertness by the driver.

A recent fatal accident on I-40 just East of Cookeville Tennessee makes my point that you have to be alert and must stay far enough behind the vehicle in front of you that you can stop in an emergency. The facts are simple, a man is driving his Harley-Davidson along the interstate and the car in front of him slowed quickly to avoid hitting a deer. The Harley was unable to respond appropriately and rammed into the rear of the car, killing the Harley rider.

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.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a careless motorcycle rider, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

Motorcycle + Speed Kills

As an experienced Tennessee motorcycle accident attorney I am concerned that while all other types of fatal crashes involving cars, trucks and pedestrians are on the decrease, motorcycle fatalities continue to rise. What lies at the cause of this phenomenon? Several things come to mind.

First of all manufacturers continue to make motorcycles bigger and faster. Sometimes known as “crotch rockets” these high-powered bikes require more skill and unfortunately anybody with the money or credit can buy one and without any specialized training, take to the highway.

Reference a motorcycle fatality that occurred in Gallatin the other day. The motorcyclist was traveling at a high rate of speed and slammed into a school bus. What is there to say? A human body slamming against a large yellow, clearly marked school bus isn’t going to win the match. This driver didn’t make it.

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.

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.

As is the case here, 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.

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.

If you or a loved one is injured or killed in a Tennessee motorcycle accident caused by a careless driver, contact the experienced Nashville motorcycle accident attorneys at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

Honor The Centerline

As an experienced Tennessee motorcycle accident attorney I would advise riders to always stay in your own lane. This might sound stupid, but more than often I see accidents happen when the driver, especially on rural roads, plants his bike in the middle of the road.

This set of events happened last weekend in Overton County Tennessee. A 54-year-old Harley–Davidson driver was in the center of the road, came around a curve and met a car coming the other way. The rider swerved to avoid hitting the car, lost control, left the road, went down a ravine and hit a tree killing the driver and injuring his passenger.

Lines and symbols on the roadway (1) divide the road into lanes, (2) tell you when you may pass other vehicles or change lanes, (3) indicate which lanes to use for turns, (4) define pedestrian walkways and (5) show where you must stop for signs or traffic signals. Line colors tell you if you are on a one-way or two-way roadway.

Lines separating traffic moving in opposite directions are yellow. Yellow lines are also used to mark a boundary or barrier of the travel path at the location of a particular hazard, such as bridge supports, etc. Broken yellow lines mean that you MAY cross the line to pass if there is no oncoming traffic and it is safe to do so.

Two solid yellow lines between lanes of traffic mean you MAY NOT cross the lines from either direction, even if no oncoming traffic is in view. You may cross a solid yellow line to turn into a driveway or side road if it is safe to do so. One solid yellow line and one broken yellow: Where there is both a solid and a broken yellow line between opposing lanes of traffic, you may not pass if the solid yellow line is on your side. If the broken yellow line is on your side, you are in the “passing zone” and may pass if it is safe to do so. You must safely return to your side of the roadway before the passing zone ends.

If you or a loved one is injured or killed by a negligent driver who ignores the traffic lines contact the experienced Nashville auto/motorcycle accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Tail Of the Dragon

"The Dragon" Claims Another Life

The “Tail of the Dragon” notches another dead motorcyclist. The “Tail of the Dragon” is a well-known section of US Highway 129 that crosses Deals Gap at the Tennessee/North Carolina state line. The “Dragon” is known throughout the world to motorcyclists and thrilled seekers and has claimed numerous lives, the exact number I have been unable to determine. This past year it was closed for seven months due to a rock slide. It’s open now and back to its deadly ways. For a free virtual ride on the “Dragon” click here.

The “Dragon” claimed it’s latest victim Saturday when a 44-year-old man from Rogersville Tennessee lost control of his motorcycle, ran off the road and slammed into a tree. The man was ejected and landed over 50 feet down the side of the ridge.

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.

Stories like these should remind us that when we get behind the wheel, or handle bars, of a motor vehicle we have to have our full attention on the task at hand.

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

I’d like to share some interesting data from the Governors Highway Safety Association. As an experienced Nashville motorcycle accident attorney this is good news.  Motorcyclist traffic fatalities in the United States fell in 2009, based on preliminary data supplied by all 50 states and the District of Columbia. This is the first year since 1997 that motorcyclist fatalities decreased.

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

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

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

Tennessee Intersection Collision

WRBC TV in Chattanooga Tennessee reports on a tragic but very preventable automobile motorcycle accident just across the Tennessee line in Georgia. The victims, an adult driver and a 7-year-old passenger who was hospitalized and is expected to recover. The pickup was stopped at an intersection and for some unknown reason, he was probably distracted, pulled out into the path of the oncoming motorcycle. The distracted pickup driver was driving without a license.

More crashes happen at intersections than at any other place. Intersections constitute a very small part of rural and urban street/highway systems, yet they are implicated in 31.9 percent of all motor vehicle crashes and 15.5 percent of all fatal crashes (2004 NHTSA data). Be very careful when approaching any intersection or driveway. Never assume another driver will yield the right-of-way to you. Always be prepared to stop.

Approaching intersections safely. To do the Tennessee Rules of the Road suggest that you employ a concept called “Traffic Checks”, which is the process of looking frequently and carefully for vehicle traffic approaching from each direction. “Traffic Checks” is especially important when merging or changing lanes AND when approaching and crossing intersections. Below are five things to remember to navigate an intersection safely:

Preventing injuries and deaths at intersections should be a high priority for towns and cities. The National Highway Traffic Safety Administration (NHTSA) reports that in 2005 alone, nearly 9,200 people died and approximately one million people were injured in intersection-related crashes which account for approximately 40-45 percent of all crashes.

If you or a loved one is injured or killed in a Tennessee intersection collision contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

Motorcycle Roadway Departure Crash

As an experienced Nashville automobile accident lawyer I have come to learn that accident investigators may never be able to determine what caused a fatal or near-fatal accident. The classic case in this category is the one where the driver is alone on a deserted highway and they leave the road and either roll over or slam into a hard object.

Others, like a recent motorcycle accident in Christian County Kentucky just north of the Tennessee line fit squarely into this category. According to local news media a motorcyclist was traveling East on I-24 when he suddenly switched lanes, crossed the median and then the oncoming lanes and launched the bike which landed in the upper branches of a tree. What could possible have precipitated this accident? Did he have a mechanical failure? Was he distracted?

If there is a happy aspect of this horrible crash it’s that he passed through the oncoming lanes without being hit by a tractor-trailer or other vehicle. Our prayers go out to the man for a quick and complete recovery. He is in serious condition at Vanderbilt Medical Center.

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

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

If you or a loved one is injure or killed in a Nashville interstate highway accident caused by a negligent driver contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates for a free consultation about your rights and remedies.

When I think of a drag racing car I think about a thousand other vehicles before I come to a Toyota Echo, but when you factor in a 16-year-old driver and a 13-year-old boy on a dirt bike anything can happen. Reference a recent serious accident in Kingsport Tennessee involving, you guessed it, a 16-year-old girl driving a Toyota Echo and a 13-year-old boy on a dirt bike. It didn’t end well.

Witness told police that these children raced in a residential area when the Toyota driver lost control, went airborne and hit a utility pole splitting in half and landing on it’s roof in the yard of a residence. The driver was trapped in the car and had to be extricated by emergency personnel. She is hospitalized in very serious condition. My prayers go out to her and family as well as my wishes for a speedy and complete recovery.

Motor vehicle crashes are the leading cause of death for American teens. Most Americans typically learn to drive during the teen years, when the brain is not fully mature yet. Recent research is beginning to give us insight why many teens have difficulty regulating risk-taking behavior:

* The area of the brain that weighs consequences, suppresses impulses and organizes thoughts does not fully mature until about age 25.

* Hormones are more active in teens, which influence the brain’s neuro-chemicals that regulate excitability and mood. The result can be thrill-seeking behavior and experiences that create intense feelings.

Teen Drag Racing Crash

In addition to laws, safety experts agree that parents play a key role in helping teens become good drivers. Parents should not rely solely on drivers education classes to teach good driving habits and should restrict night driving, restrict the numbers of passengers riding with their teen, supervise practice driving, always require use of seat belts and choose vehicles for safety, not image. Parents can also set a good example by practicing safe driving techniques themselves.

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

Passing Can Be Deadly

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

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

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

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