Drunk Driving Makes You Stupid

As an experienced Nashville automobile accident attorney I can tell you for a certainty that when it comes to drinking and driving,  that stupid is as stupid does. First of all, for people who haven’t been paying attention, it’s really stupid to get behind the wheel when you have been consuming alcohol. It’s stupid to get behind the wheel under the influence and speed. And stupider and stupider, when you get behind the wheel drunk and speed and have sex all at the same time.

Reference an article on the web page of Nashville WSMV TV. A couple had been out on the town, took drunk and came to the conclusion that it might be a good idea to engage in sex while they sped along into the night. Unfortunately the driver got somewhat distracted and left the road and rammed, at high speed, into a house.

The collision literally tore the kitchen off of the house. The homeowners and the driver lucked out. Only moments before the climax they had been sitting in the kitchen talking. Had they not moved to the living room they would have been killed and Loverboy and his princess would have been looking at some serious prison time.

The article went on to say that the driver’s blood alcohol level was double the legal limit. He told officers that he lost his concentration while having sexual relations with the woman in his truck while he was driving.

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.

They Don't Mix

When it comes to drinking and driving this experienced Nashville automobile accident attorney knows that stupid is as stupid does. First of all, for people who haven’t been paying attention, it’s stupid to get behind the wheel when you have been consuming alcohol. It’s stupid to get behind the wheel under the influence and speed. And stupider and stupider, if you hit a pedestrian and decide to try to avoid the consequences. Stop immediately and render aide to the poor pedestrian. Put your selfish interests aside and call 911. Things might get unpleasant but they could get worse.

And worse it will be for Matthew W. Winn, 22 of Bellevue. Mr. Winn got behind the wheel of his Ford pickup truck under the influence of alcohol and on his way home ran over a man crossing the street. Winn was obviously not watching the road ahead or driving the speed limit or he would have seen Mr. Hongyong Lee, 48 also of Bellevue, and not killed him. Stupid is as stupid does.

Mr. Winn left the scene and called a friend who came to the site of the crash and found Mr. Lee dead and called 911. Had Mr. Winn called first responders immediately Mr. Winn may or may not have survived, we will never know. When police arrived they asked the friend to call Mr. Winn and tell him to return. Mr. Winn did return but he was driving his mother’s car instead of the Ford pickup truck. The police administered a field sobriety test and then a blood test. He was arrested and police said that additional charges are possible as the investigation continues. Stupid is as stupid does.

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

Contact An Experienced Personal Injury Lawyer

It may look simply like an unavoidable accident, a car loses control on ice, leaves the roadway and crosses into the oncoming lanes of traffic and people die. Surely the vehicle owner who hit the out of control car would not bear responsibility to pay damages to the heirs of the deceased. An experienced Tennessee automobile accident attorney might dig a little deeper and identify a party that is liable for the loss.

Who is responsible for roadway safety? Everyone. 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 should take responsibility for roadway safety.

In this case an experienced Tennessee car accident lawyer would look into whether the engineers and planners had provided adequate signage to warn drivers of the propensity of the roadway to freeze, whether they knew or through the exercise of due diligence, should have known that  this section of roadway had been the scene of previous roadway departure crashes, and finally, whether the government had installed guard rails or safety cables to prevent this kind of accident from happening.

If you or a loved one is injured in a Tennessee automobile accident where it looks like there is no one from whom to seek compensation, you need an experienced Nashville automobile accident attorney and you can find one at Phillip Miller & Associates. Call today for a free consultation. (615.356.2000)

When Do I Use Deadly Force?

As an experienced Tennessee automobile accident attorney I cringed when I read an article in a Clarksville Tennessee media outlet the other morning. It appears that a Clarksville driver ran down a man who he suspected of burglarizing his roommate’s car. Police were able to arrest the subject and it appears that the drivers instincts about the burglary were correct, but I might suggest that there were other options available the this guy to achieve the same goal.

In Tennessee a car is considered a deadly weapon, and as such it should be used as such only if the driver’s life or that of another person were in danger. Tennessee law gives citizens the right to defend themselves if they have a reasonable and imminent fear of harm from a carjacker, rapist, burglar or other violent assailant. They can also employ deadly force to protect another person. My advice to anyone who asked is that the driver here may well have used force way in excess of that needed under the circumstance.

As an experienced Nashville automobile and personal injury lawyer is that you should use one of the other options available, such as calling 911 or laying on the horn to draw attention. The driver here is lucky that the burglar was not killed or seriously injured.

For questions about Tennessee automobile accidents of other Tennessee personal injury questions check out the website of Phillip Miller & Associates at www.seriousinjury.com and give us a call.

Elderly Driver Fatalities

In my Blog “The Tennessee Auto Accident Attorney” I have been focusing on teen drivers over the last several weeks. Today I’d like to examine accidents at the other end of the age spectrum. Reference a recent report on the website of WVLT Volunteer TV in Knoxville, Tennessee. A 72-year-old man from Middlesboro Kentucky was driving along and for some unknown reason he pulled directly out into oncoming traffic and was struck by another vehicle The man died as the scene. Our prayers go out to the family and friends of this gentleman

Studies have shown that older drivers have high death rates. Several studies analyzing driver death rates in relation to age have shown that driver death rates form a “U-shaped” curve wherein young drivers have high death rates, the rates decrease through young adulthood, level off in middle age, and increase to their highest levels at the oldest ages. A recent study by the AAA Foundation for Traffic Safety, show the following:

1. Drivers’ risks to themselves and to other road users decline rapidly until around age 25, continue declining gradually until ages of approximately 65 to 70, begin increasing again around age 70, and increase more rapidly after approximately age 75.

2. Relative to other age groups, drivers aged 85 and older have the highest rate of their own deaths by all measures considered; approximately two to three times that of 16- and 17-year-old drivers, depending on the measure.

3. Relative to other age groups, teenage drivers pose the greatest risks to their own passengers, occupants of other vehicles, and non-motorists by all measures considered.

4. Older drivers pose more risk to their passengers, occupants of other vehicles, and non-motorists than the lowest-risk drivers do.

If you or a loved one are injured or killed in a Tennessee automobile accident by an elderly driver you owe it to yourself to contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

On February 11, 2010 in my Blog “The Tennessee Auto Accident Attorney” I reported on a Hit & Run incident in which a 7-year-old Hartsville Cub Scout was killed. I often write about our collective responsibility to create a culture of traffic safety and that includes being the eyes of law enforcement as we travel the highways and byways of Tennessee. Many people will avoid getting involved if they see a drunk driver or a road rager acting the fool, but ladies and gentlemen, if we don’t do it, who will.

In that vein I’m asking each and every one of you to commit to keeping your eyes open and help us run to ground the dirty rotten scoundrel who killed that young boy. Investigators with the TBI Crime Lab and the Tennessee Highway Patrol believe they have a new description of the vehicle that hit and killed the child.

Investigators believe based on evidence gathered at the scene of the crash – that the vehicle that kept going was either a GMC Sierra or Yukon made between the years 2001 to 2006. The exact color of the vehicle isn’t yet known, but it has heavy damage to the right front headlight and the turn signal assembly area.

Call the Tennessee Highway Patrol or the Trousdale County Sheriff if you know of a car matching this description, especially if it’s been repaired lately. If you want to learn more about what to do in the event of a traffic accident take a minute and check out the website of Phillip Miller & Associates. You will find all sorts of helpful advice and you can meet the experienced Nashville automobile accident attorneys that can take care of all of your business.

No matter how much care we put into our driving there are always those people out there who should never be allowed behind the wheel of a motor vehicle. I’m going to blog today about one of them today. Please pardon me if my tone is angry, but people like Jarod Joel Moon get my dander up. As an experienced Nashville automobile accident lawyer I study dozens of really outrageous car accidents but Hit & Run’s involving a child is not an accident but an intentional assault and should be treated as such.

Hit & Run drivers are, in my consideration, the worst kind of human being. Most H&R drivers are under the influence of alcohol, others have already run afoul of the law and have lost their driving privileges, yet they continue to get behind the wheel and ignore the rules. Many H&R drivers are trying to avoid detection because they don’t have insurance and they don’t want to face the responsibility for their actions. No matter which category they fall into they are the very worst type of person, someone who will leave an injured or dying pedestrian lying in the street.

Reference a recent article on the web site of WRCB TV reporting that 20-year-old Mr. Moon is now in jail charged with leaving the scene of an accident, reckless driving and illegally passing a school bus. I’m looking forward to more serious charges as the investigation is concluded. It appears Mr. Moon ignored the stop sign warnings on the school bus in front of him. He sped around the school; bus and hit an elementary school student. The student suffered head and mouth injuries and is in stable condition.

If the hitting wasn’t bad enough this jerk decides to leave the scene, but his attempt was frustrated by quick thinking law enforcement personnel. Mr. Moon would probably take his place as a contender for the Worst Tennessee Driver of 2010 except that the accident occurred in Alabama just south of the Tennessee line.

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 experienced Tennessee 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.

Hit & Run

As an experienced Nashville automobile accident attorney, I regularly speak to traffic investigators from the Tennessee Highway Patrol and local law enforcement. In matters relating to Tennessee interstate accidents the law allows a driver to pull his or her vehicle to the right shoulder or emergency stopping lane and engage the emergency blinkers. It is suggested that the driver and passengers stay in the vehicle and avoid oncoming traffic.

A recent interstate accident in Knoxville illustrates the danger of getting out of the vehicle. In a multi-vehicle Tennessee interstate crash on I-40 the facts were as follows; Car One attempted to stop her vehicle and the car slid on ice and rammed into Car Two and ended up in the outside lane facing the oncoming traffic. Car Two pulled over to the shoulder. The driver and passengers of cars One and Two got out of their vehicle to check the damage.

Cars Three and Four approached the scene and when they attempted to slow down made contact with each other, slammed into the right side wall and came across all lanes of traffic and hit the driver of Car One and pinned her between the car and the wall and then hit the driver of Car Two who was trying to get to the trapped girl. The driver and passengers of Car Four fled the scene on foot and the driver of Car Three drove away and fled the scene.

The 19-year-old driver of Car One is hospitalized in critical condition, in a coma. The other driver and the passengers were all taken to the hospital and released. My prayers go out to this young woman and her family and friends.

This is the kind of collision that makes it difficult for the driver to avoid further damage. She was in the outside lane and traffic was whizzing by, inches away. Once the other cars collided the highway became a killing zone and we are fortunate that no one has died.

Police have found the Hit & Run driver of Car Four and she has been charged with leaving the scene of the accident. If, God forbid, anyone dies, there will certainly be other more serious charges filed.There’s so much to be said about this accident, in hindsight, but the lessons are clear. When driving in winter weather slow down and leave plenty of room between you and the car ahead of you so you can avoid icy patches. If you are in an accident and if you have to get out of your vehicle be extremely careful, but before you do so call the police at 911 or the Highway Patrol at *847. And last but not least, if you are involved in any Tennessee automobile accident do not leave the scene of a property damage or personal injury accident.

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 experienced Nashville 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.

Child Fatality

As an experienced Tennessee automobile accident attorney I’m always saddened when someone is fatally injured in a Tennessee automobile accident, but it is particularly sad when a child is the victim. I speak often in this Blog about the importance of following a couple of simple rules in snow and icy weather conditions, the most important of which is that children are often out of school during these bad weather periods and we must pay particular attention to any children in the area.

Reference a recent article on Knoxville TV station WATE’s website reporting the death of a 15 year-old boy whose sled ran up under a passing vehicle driven by a 32-year-old man. The boy was drug some distance before the man came to a stop. The boy died at the hospital. The man, meanwhile, was cited for failure to have proof of insurance and for driving on a suspended license. He should not even have been behind the wheel of a motor vehicle. Keeping from being distracted under normal driving circumstances is difficult enough but winter weather requires us to pay close attention to everthing going on around us. My prayers go out to the family and friend of this young man.

The fact that the driver, according to the article, did not have insurance creates a serious problems for the parents if they seek to be compensated for their loss, but an experienced Nashville automobile accident lawyer like those you will find at Phillip Miller & Associates can help you work through all of those types of problems. Take advantage of a free consultation to find out about your rights and remedies.

Reduce Intersection Crashes

My experience as a Nashville automobile accident lawyer and my study on the subject of intersection crashes tells me that Red Light Cameras (RLCs) reduce the number of fatalities, personal injuries and property damages to a huge extent.

A recent Insurance Institute for Highway Safety study in Oxnard, California, showed that red light running violations dropped a total of 42 percent after well publicized photo enforcement was introduced. Another study in Fairfax, Virginia, showed that violations declined about 40 percent after one year of photo enforcement. A key to all effective traffic law enforcement is publicity; without it there is no deterrent effect, and the purpose of red light cameras is deterrence.

In a recent national survey of voters, Public Opinion Strategies found that fully 69% of Americans support the use of “red-light cameras” at the most dangerous intersections in their states, while just 29% oppose them. Those voters “strongly” supporting red-light cameras outnumber those who strongly oppose them by a wide 45%-18% margin.  The study showed support for these red-light cameras is not only very strong nationally, but cuts across all demographic and attitudinal groups, including men and women, young and old, Republicans and Democrats, and conservatives and liberals.

In Tennessee a number of cities and towns use the cameras and the results are positive. There is a move from some political persons to ban the use of RLCs statewide, claiming that they are a violation of our Constitution. I suggest that these political people, for whatever their reasons, leave the job of traffic enforcement to the local governments. Despite the fact that the statistics show a decrease in accident and injury, they simply deny the facts. It’s time for some leadership from our elected officials. To those “flat world politicians”, I suggest that we embrace technology in the spirit of saving lives.

If you or a loved one is injured or killed in a Tennessee intersection accident you are going to need an experienced Tennessee automobile accident lawyer, one who understand the myriad avenues of seeking just compensation for victims. Intersection accidents may well be the fault of the designers of the roadway as well as the speeding or negligent driver who hits you. At Phillip Miller & Associates we have just the kind of experience tht you need to assure you are adequately compensated.