Tennessee Teen Driver

Under the Tennessee Graduated Drivers License law a fifteen year old can get a Learner Permit but driving is restricted. Anyone under the age of 18 who has a learner permit will be prohibited from driving between the hours of 10 p.m. and 6 a.m. When driving, permit holders must have a licensed driver age 21 or older in the vehicle with them. Seatbelt use is mandatory for everyone in the vehicle under the age of 18 (passengers age 3 and under must be in an approved child restraint device).

The parents of a 15-year-old Cookeville Tennessee teen are in some serious trouble. The Teen driver faces charges of driving without a permit and failure to have insurance after she dropped of several children at Avery Trace Middle School, and struck a school crossing guard.

The 55-year-old guard was transported to a local hospital and local media reports say her injuries are minor. Is situation creates an interesting set of circumstances that require to assistance of an experienced Tennessee personal injury attorney.

The first thing that I would focus on would be the claim of the Guard for benefits under the Tennessee Workers Compensation law. There is no cause of action against the juvenile driver but there is a strong cause of action against the parents or owner of the vehicle she was driving if they are not the same.

If you or a loved one are injured or killed in a Tennessee automobile accident caused by an under aged teen der a number of legal issues come in to play and the experienced Nashville personal injury lawyers at Phillip Miller & Associates can help you sort them out so that you can obtain the very best result to cover your damages. Call 615-356-2000

National Safety Council Launches Video Series to Educate Public
About Dangers of Cell Phone Use While Driving

Itasca, IL – The National Safety Council today released a series of short videos, “Understanding Distracted Driving,” to address the most frequently asked questions about cell phone use while driving. The videos, featuring NSC Senior Director of Transportation Initiatives David Teater, are free to download or are available to businesses and the public via YouTube.

Cell Phone Use And Driving Don't Mix

In short, two- to three-minute clips, Teater answers 12 questions, including why cell phones are a particularly dangerous distraction, and explains the science behind cognitive distraction. The videos also address how employers can protect their employees with workplace policies.

Teater’s 12-year-old son Joe was killed in a motor vehicle collision in 2004. The driver who caused the crash was distracted by a cell phone. Prior to joining NSC, Teater’s 30-year business career included serving as CEO of a research and strategy firm that provided consulting services to most auto manufacturers. He is a frequent speaker on the topic of distracted driving, has testified before the U.S. Congress and has appeared before several state legislatures to advocate for restrictions on cell phone use while driving.

“Cell phone use and driving are a dangerous, and oftentimes deadly, combination,” Teater said. “The resources NSC has developed explain why this behavior is so dangerous and provide solutions on how to go about changing behaviors to make our roadways safer.”

The videos are part of a larger strategy developed by NSC to end cell phone distracted driving. NSC is helping U.S. organizations of all sizes implement and strengthen corporate cell phone policies, and has made available a cell phone policy kit, which is free on the NSC website. Additionally, “Understanding the Distracted Brain,” an NSC white paper, shares research about why a cell phone conversation causes such an intense mental distraction to drivers.

In 2009, NSC was the first national organization to call for a total ban on cell phone use while driving. Since then, NSC has worked with the public, business leaders and elected officials to stop cell phone use behind the wheel, a dangerous behavior that contributes to thousands of deaths each year.

For this and other important Tennessee Highway Safety information visit the website of Phillip Miller & Associates or call 615-356-2000.

Red Means Stop

A Nashville man ran a stop light on Dickerson Road near downtown Nashville and was hit by another vehicle in the intersection. Following the collision he hit a motorcyclist and came to a stop. He got out of his vehicle and walked into the road, stopped to light a cigarette, and was then hit by another vehicle and seriously injured.

Police investigators will have to try determine what distracted the driver and caused him to ignore the stop light. From the events following the crash it’s clear that the man was not paying attention to what was going on around him. The crash left two people in critical condition.

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. Wait until the coast is clear and always be prepared to stop.

If you or a loved one is injured or killed in a Nashville intersection crash contact us at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and any possible remedies you might be entitled to. Call 615-356-2000

Poor Roadway Design

In the last 15 years, more than 76,000 Americans have been killed while crossing or walking along a street in their community. Children, the elderly and ethnic minorities are disproportionately represented in this figure, but people of all ages and all walks of life have been struck down in the simple act of walking.

These deaths typically are labeled “accidents,” and attributed to error on the part of motorist or pedestrian. In fact, however, an overwhelming proportion share a similar factor: They occurred along roadways that were dangerous by design, streets that were engineered for speeding cars and made little or no provision or people on foot, in wheelchairs or on a bicycle.

During this same period, there has been a growing recognition that walking and bicycling, what many now refer to as “active transportation”, are critical to increasing levels of healthy exercise and reducing obesity and heart disease. At the same time, it has become increasingly clear that these clean, human-powered modes of transportation are an essential part of efforts to limit the negative impacts of traffic congestion, oil dependency and climate change.

In recent years, community after community has begun to retrofit poorly designed roads to become complete streets, adding sidewalks and bicycle lanes, reducing crossing distances and installing trees and crosswalks to make walking and biking safer and more inviting. The resulting safer streets have saved the lives of both pedestrians and motorists even as they promote health by leading many residents to become more physically active.

If you or a loved one are injured in a pedestrian of bicycle/car accident you ought to call us at Phillip Miller & Associates and find out about your rights and remedies. Call 615-356-2000.

Camera Enforcement Works

An interesting report from the Insurance Institute for Highway Safety shows that citizens support red light cameras.

Two-thirds of drivers in 14 big cities with longstanding red light camera programs support their use, a new survey from the Insurance Institute for Highway Safety indicates. The findings follow an Institute study demonstrating that cameras have reduced the rate of fatal red light running crashes by 24 percent in these same cities.

The strong public support confirms that red light camera opponents, while vocal and often influential, are a minority. Even in Houston, a city that voted in a November 2010 referendum to shut off its cameras, a majority of drivers say they favor red light camera enforcement.

“Most drivers don’t buy the argument that it’s somehow wrong to enforce the law just because you’re using a camera to do it,” says Anne McCartt, the Institute’s senior vice president for research. “They understand that this technology is preventing crashes in their cities.”

An Institute study released earlier this year showed that red light cameras save lives. Researchers looked at U.S. cities with populations over 200,000 and compared those with red light cameras to those without. In the 14 cities that had cameras in 2004-08 but didn’t have them in an earlier comparison period, automated red light enforcement saved 159 lives. If cameras had been operating in those years in all large U.S. cities, a total of 815 deaths would have been avoided.

As a follow-up, the Institute gauged drivers’ experience with cameras and their perceptions of them. More than 3,000 people in the 14 study cities were interviewed by cellphone and land line between Feb. 19 and March 29. The survey has a margin of error of about 2 percentage points. An additional 300 people were surveyed in Houston because of its recent vote to shut off the cameras. The city installed cameras in 2006, which was too late to be included in the crash study group. The Houston survey has a margin of error of 6 percentage points.

More than 9 of 10 drivers surveyed in the 14 cities believe running a red light is unacceptable, and more than 8 of 10 deem it a serious threat to personal safety. Two-thirds favor red light cameras, and 42 percent strongly favor them.

Among the 89 percent of drivers who are aware of the camera programs in their cities, a majority say the devices have made intersections safer. Nearly half know someone who has gotten a ticket, and 17 percent have gotten one themselves. Of the latter, about half believe it was deserved.

Previous surveys also have found widespread support for red light cameras, but opponents continue to claim that the programs violate privacy and are cooked up by cities merely to generate revenue. Voters in 8 cities have rejected camera programs in ballot initiatives during the past 3 years.

In Houston, where 53 percent of voters cast ballots against red light cameras in November, the people who went to the polls don’t seem to represent the majority of drivers. Fifty-seven percent of drivers there favor cameras, and 45 percent strongly favor them. However, opposition is firmer, with 28 percent saying they strongly oppose cameras versus 18 percent in the other 14 cities.

In the 14 study cities, a little more than a quarter of respondents said they oppose cameras. Asked why, 26 percent said cameras can make mistakes. The contention that cameras are about money, not safety, was mentioned by 26 percent. Nineteen percent said they make roads less safe and lead to more crashes, while 17 percent argued that they’re an invasion of privacy. The question was open-ended, and respondents could give as many reasons as they wanted.

The survey found less support for the use of cameras to crack down on right-on-red violations than for red light cameras generally. Such violations include making a right on red where it is not permitted and making the turn without stopping. Cities differ as to whether they issue tickets for rolling right-on-red turns when they are caught on camera. Nearly a fifth of drivers say they support cameras but oppose right-on-red enforcement. Forty-one percent of drivers support using cameras for these violations.

“Right-on-red violations usually aren’t associated with T-bone crashes, but they make intersections much more dangerous for pedestrians in particular,” McCartt says. “The survey results show cities need to do a better job explaining this issue to drivers.”

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 and take advantage of a free consultation. Call 615-356-2000.

Watch Out For Children

The Tennessee Highway Patrol will assist local law enforcement efforts with a “Back to School” enforcement and education campaign of their own, focusing on traffic safety in and around the school zones. State Troopers will target traffic violators, specifically those who speed in school zones and pass stopped school buses, as well as raise awareness on school safety in Tennessee.

“The ultimate goal of the Tennessee Highway Patrol is to protect children from motorists who disregard the law, especially around the school zones,” said Department of Safety and Homeland Security Commissioner Bill Gibbons. “However, we must educate motorists, parents and children on the importance of safe pedestrian movement and accident prevention in order to ensure traffic safety. We all have a responsibility to make sure children travel to and from school safely.”

According to the National Highway Traffic Safety Administration (NHTSA), from 2000 to 2009, 1,386 people died in school transportation-related crashes – an average of 139 fatalities per year. One hundred and thirty (130) school-age pedestrians (younger than 19) have died in school transportation-related crashes during that same time period, and 56 (43 percent) school-age pedestrians killed in school transportation-related crashes were between five and seven years old. NHTSA states more school-age pedestrians are killed between the hours of 3:00pm and 4:00pm than any other time of day.

“We are urging motorists to exercise caution, be alert and to slow down in school zones and around school buses,” said THP Colonel Tracy Trott. “Our state troopers will not hesitate to hand out citations, but that is not our objective. This enforcement campaign was designed to encourage everyone to practice safe driving and pedestrian habits.”

Drivers who are found distracted, impatient and careless can expect to face stiff penalties. The speed limit is 15 miles per hour in school zones and the fine for speeding in a school zone is up to $500.00. It is also against the law to pass a school bus when it is stopped and loading or unloading passengers. The driver can be fined no less than $250.00 and up to $1,000.

In 2010, State Troopers issued 3,186 citations in school zones. That’s down from 5,445 citations issued in 2009. Of the 2010 citations, 739 were speeding violations, while two citations were handed out for passing a stopped school bus. Since 2006, there has been a 21.0 percent decrease in the number of crashes occurring in school zones between the hours of 6:00am and 9:00am and the hours of 2:00pm to 5:00pm. There was also a 20.3 percent decline in the number of school bus-related crashes between those same hours.

As part of the “Back to School” enforcement, the Tennessee Highway Patrol’s Special Programs unit recorded public service announcements at local radio stations across the state.

Each day, 26 million children in the United States ride school buses, including 600,000 in Tennessee, according to NHTSA. NHTSA reports approximately 21 students were killed while they were entering or exiting a bus in the U.S. last year. Close to 800 children are killed annually and many more injured going to and from school in a vehicle other than a school bus, according to the NSC.

If your child is injured or, God forbid, killed by a negligent driver at or near a school zone, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and take advantage of a free consultation. Call 615-356-2000.

Hire Phillip Miller

If you, or a loved one, are involved in a Nashville automobile accident that results in death or serious injury, finding a top rated personal injury law firm could prove to be a mystery. I’d like to tell you why you should consider Phillip Miller & Associates. The first reason is that Phillip Miller is a Board Certified Civil Trial Lawyer. Very few Tennessee lawyers have attained this level of training and expertise.

Put the Team to work for you.

As experienced Tennessee automobile accident attorneys one of the first things the investigators at Phillip Miller & Associates have to do is make a concise investigation of the cause of the accident. This begins with securing all of the police reports and witness statements, and then we re-interview the witnesses and inspect the scene of the accident. We look for tire marks, roadway conditions, obstructions and any other item that might have lead to the crash.

After we have concluded those tasks we investigate the backgrounds of all of the people involved in the crash, driving records, reputations, medical condition and any other thing that might be relevant to their condition at the time of the wreck. After we conclude this phase of our investigation the attorneys then individually study all of the findings and then the whole team sits down to discuss the specific approach to seeking damages for our client.

This is the kind of process that assures that our clients receive the most effective legal representation during this traumatic time. If you or someone you love has been hurt in a serious Tennessee car accident due to somebody else’s negligence, then you may be feeling angry, frightened, or even alone in your suffering.

There is no reason for you to bear your burden alone.  The experience of a Tennessee auto accident is traumatic enough and your recovery will bring its own challenges.  You don’t need the added stress of worrying about who will pay for the medical care you need, how your car will be repaired, and if the individuals responsible for your suffering will be brought to justice.

This is the time to call Phillip Miller & Associates, the law firm of local Tennessee attorneys and staff who for the past 25 years have dedicated their lives to protecting the rights of injured men, women, and children in Tennessee. Call 615-356-2000

Practice Interstate Highway Safety

A Brownsville, Tennessee man was killed when he was struck by a tractor-trailer truck while he was standing outside of his vehicle on Interstate 40 near mile marker 66, according to local media reports. The 45-year-old man had parked his vehicle in the right emergency lane with its flashers on and was standing outside, according to the reports.

The driver of an eastbound tractor-trailer was traveling in the right lane, saw the vehicle pulled over, and merged to the left lane in plenty of time. According to the fatality report filed by the THP, the man waved his hands as the tractor-trailer approached and jumped into his path, striking the right running board. From the media reports it appears that the tractor-trailer driver did everything by the book, but was unable to avoid the suicide by truck.

For these and other important Tennessee highway safety tips visit the website of Phillip Miller & Associates or call 615-356-2000

Watch For Pedestrians

A pedestrian was killed and another was seriously injured early when they were struck by a Ford Ranger pickup truck on Interstate 40 near the Walker Springs Road exit. The victim was pronounced dead at the scene.

According to the  police report, the victim’s car had run out of gas and they were walking on the right-hand shoulder of the interstate toward the exit when the Ford Ranger crossed onto the shoulder and struck the two victims. The driver continued on and was located with the Ford Ranger a short time later on Walker Springs Road a short distance from the ramp, according to the police report.

According to the report, in the last 15 years, more than 76,000 Americans have been killed while crossing or walking along a street in their community. More than 43,000 Americans – including 3,906 children under 16 have been killed this decade alone. This is the equivalent of a jumbo jet going down roughly every month, yet it receives nothing like the kind of attention that would surely follow such a disaster.

The majority of cases of Hit & Run involve someone is a car hitting a pedestrian. This man added a different twist. 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.

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.

Nashville Pedestrian Fatality

As an experienced Nashville automobile accident attorney, I can tell you that pedestrian/car collisions usually don’t come out in the win column for the pedestrian. That was the case in Nashville when a pedestrian was killed by a vehicle driven by a wanted felon. It’s a sad story, and one that will hopefully end with the felon being taken off of the street for many years.

The victim, Kenneth Jones was doing what many people do everyday, walking along a sidewalk in his neighborhood when he was run down by a car that was fleeing the police. The incident began when Metro Nashville Police officers were conducting an educational roadblock to make sure that drivers knew that when it was raining they need to turn on their headlights.

In Tennessee, drivers are required by law to turn on their headlights whenever they turn on their windshield wipers. If a driver is involved in a collision in the rain and they do not have their lights on there is a presumption that they are at fault.

A car driven by a 28-year-old Nashville man approached the road block, this wanted ex-convict, pulled up momentarily, sped up and then fled the scene. Police radioed dispatchers with the vehicle information. As this criminal was driving away he lost control and his vehicle drove onto the sidewalk and struck the 55-year-old man. Officials said Jones was knocked into a nearby field. He was transported to Vanderbilt University Medical Center in critical condition. He died shortly after his arrival.

This criminal was charged with aggravated assault, reckless endangerment, leaving the scene of an accident, failure to render aid, driving on a revoked license and motor vehicle theft as well as with five outstanding warrants, four probation violations and domestic assault. Charges are likely to be changed to include vehicular homicide following Jones’ death.

Police got lucky in this situation because the criminal left his wallet and ID in the vehicle and fled on foot. He was apprehended after witnesses spotted him trying to break into John Early Middle School. There is little an experienced Nashville personal injury lawyer can do in a situation like this to help the family of the victim recover damages against criminal, but lesson for Nashville drivers and pedestrians is that there are people out there that care nothing about others and will do anything to stay free.

Driving on the highways and byways of Nashville require us to remain constantly vigilant and always be prepared to practice solid defensive driving. For this and other information about Tennessee highway safety tips and suggestions visit the website of the experienced Nashville auto accident attorneys at Phillip Miller & Associates, or call them at 615-356-2000.