Roadway Departure Crashes

Whenever you see an accident, usually involving one car that, for no apparent reason leaves the road, an experienced Tennessee automobile accident lawyer starts thinking about driver distractions. Just what was the driver doing moments before the crash that caused his/her vehicle to go off the highway? What caused the driver to change focus from driving to other things?

Reference three Tennessee car accidents this past Saturday resulting in two deaths and one driver with minor injuries. A single car wreck claimed the life of a 33-year-old Dresden man. Police say the man was driving along when his Yukon SUV left the road and hit a guardrail. The man was not wearing his seatbelt and was ejected from his vehicle and was pronounced dead at the scene.

In Nashville, a man was driving in excess of the speed limit on Dickerson Road when for no apparent reason he veered off the roadway and hit a telephone pole. His car burst into flames and he was pronounced dead at the scene.

Later that night a 2002 Jeep Liberty driven by a 16-year-old Obion County teen driver  ran off the road, over-corrected, went off the road again and crashed into a roadside ditch. The teen was wearing her seat belt and suffered only minor injuries.

As an experienced Tennessee automobile accident attorney the main question is what were each of these drivers doing in the two seconds before their vehicle left the road? Statistics show that nearly 80 percent of crashes and 65 percent of near-crashes involve 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.

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.

The lesson here for Nashville drivers is that you must keep all of your attention on the acting of driving and avoid distractions. If you or a loved one is injured or killed in a Tennessee car crash by a distracted driver or a case like the present one that will require and experienced Tennessee automobile accident lawyer contact the lawyers at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

I noticed an interesting roadway departure crash (RDCs) in Nashville that occurred at 5 AM last Saturday. A Metro police cruiser was traveling east on I-40 near Donelson Pike when it drifted from the road, hit a guardrail, and flipped into a ditch. The officer was hospitalized and released with stitches.

Lately, in my blog, “The Tennessee Auto Accident Attorney “ I have commented that I am seeing a lot of these RDCs all across Tennessee. The articles in the local media are thin on facts and the police investigation is not completed, but for experienced Nashville automobile accident attorneys we know that there are several types of things that cause these types of traffic events.

Driver Inattention

According to the National Highway Traffic Safety Administration 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. With all of the electronic devices in a modern police cruiser investigators will look into the officers activities in the moments just prior to the accident to determine whether the officer was distracted.

Drowsiness

The National Highway Traffic Safety Administration (NHTSA) estimates conservatively that each year drowsy driving “is responsible for at least 100,000 automobile crashes, 71,000 injuries, and 1,550 fatalities.” But among all the major factors that cause or contribute to crashes, like speeding, alcohol use, and weather situations, drowsiness is the most difficult for police and other crash investigators to detect and quantify.

Sleepiness and driving is a dangerous combination. Most people are aware of the dangers of drinking and driving but don’t realize that drowsy driving can be just as fatal. Like alcohol, sleepiness slows reaction time, decreases awareness, impairs judgment and increases your risk of crashing. It’s nearly impossible to determine with certainty the cause of a fatal crash where drowsy driving is suspected. However, there are a number of clues at a crash scene that tell investigators that the person fell asleep at the wheel.  Unlike alcohol-related crashes, no blood, breath, or other objective test for sleepiness behind the wheel currently exists that investigators could give to a driver at the scene of a crash. This makes police training in identifying drowsiness as a crash factor very difficult.

Medical Emergency

Incidences of drivers who had crashes precipitated by their medical emergencies while driving are relatively rare and account for only 1.3 percent of all road fatalities. Older drivers have relatively higher incidences of crashes precipitated by drivers’ medical emergencies when compared to young and middle-age drivers. Drivers in crashes precipitated by medical emergencies were more likely than other drivers to be severely injured or to die as a result of the crash.

The lesson here for Tennessee drivers is that you must keep all of your attention on the act of driving and avoid distractions. If you or a loved one is injured or killed in a Tennessee automobile accident contact the experienced Tennessee automobile accident lawyers at Phillip Miller & Associates and learn about your rights and remedies.

Distracted or Drunk?

Police and Firefighters gathered at a Firehouse for an emergency response meeting said that a recent Tennessee head-on collision in Mount Carmel, Tennessee jarred the building and was the worst head-on collision they had ever seen. As an experienced Tennessee automobile accident attorney I have never seen a good head-on collision but inthis one the result was fatal for Patricia Menzel age-49.

According to the accident report and a report in the Kingsport Times-News, Ms. Menzel was driving along minding her own business when a car driven by Carol-Anne Starnes, age 25, traveling in the opposite direction, crossed the centerline and smashed head-on in the Menzel vehicle. Ms. Menzel was killed and Ms. Starnes is listed in good condition. My prayers go out to the family and friends of Ms. Menzel and Ms. Starnes, who has a lot of explaining to do.

What is it that makes a driver simply veer across the centerline and directly into an oncoming vehicle? Although the article does mention that charges are pending the result of the investigation, the article doesn’t mention whether Ms. Starnes had been consuming drugs or alcohol or she was simply distracted and took her eyes off of the road.

Distraction from the primary task of driving can present a serious and potentially deadly danger. In 2008, 5,870 people lost their lives and an estimated 515,000 people were injured in police-reported crashes in which at least one form of driver distraction was reported on the crash report.

While these numbers are significant, they may not state the true size of the problem, since the identification of  the distraction and its role in the crash by law enforcement can be very difficult. One recent study concluded that eighty percent of all automobile accidents are caused by distracted drivers. One main distraction is a cell phone and investigators will be able to determine from phone records whether Ms. Starnes was using her cell phone or texting at or near the time of the crash.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a drunk or distracted driver you owe it to yourself to contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies.

Cell Phone Distraction

As an experienced Nashville automobile accident lawyer I have tried to use my Blog “The Tennessee Auto Accident Attorney” to educate my readers on the many issues surrounding highway safety. Along with many other Tennessee highway safety professionals I have long known that cell phones created dangerous driving distractions and lead to death and serious injuries for thousands of people. The following study results are critical in the continuing discussion of cell phone use while driving.

The National Safety Council announced last week that it estimates at least 28% of all traffic crashes — or at least 1.6 million crashes each year — are caused by drivers using cell phones and texting. NSC estimates that 1.4 million crashes each year are caused by drivers using cell phones and a minimum of 200,000 additional crashes each year are caused by drivers who are texting. The announcement came on the one-year anniversary of NSC’s call for a ban on all cell phone use and texting while driving.

“We now know that at least 1.6 million crashes are caused by drivers using cell phones and texting,” said Janet Froetscher, president & CEO of the National Safety Council. “We know that cell phone use is a very risky distraction and texting is even higher risk. We now know that cell phone use causes many more crashes than texting. The main reason is that millions more drivers use cell phones than text,” she said. “That is why we need to address both texting and cell phone use on our roads.”

“This new estimate provides critical data for legislators, business leaders and individuals to evaluate the threat and need for legislation, business policies and personal actions to prevent cell phone use and texting while driving,” Froetscher said. “There was great progress made in 2009, particularly regarding a broad recognition that texting is dangerous. We now need the same broad consensus that recognizes cell phone use while driving causes even more crashes.”

Froetscher said public support for laws banning cell phone use while driving is gaining momentum. “Public opinion research conducted in 2009 by the AAA Foundation for Traffic Safety and Nationwide Insurance show public support for total bans on cell phones at 43 and 57 percent respectively,” Froetscher said. “With public support now around 50 percent, we will continue to educate people about the risks of cell phone use while driving and the value of effectively-enforced laws in changing behavior and reducing crashes.”

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a driver who was distracted using a cell phone you owe it to yourself and your family to contact the experienced Tennessee automobile personal injury lawyers and learn about your rights and remedies.

Teen Driving Limitations

Although it will be hard to enforce, as an experienced Tennessee automobile accident lawyer, I support legislation that will make it an offense for a teen driver (16-18) to use a cell phone while driving. Using s cell phone while driving is a distraction. Distracted drivers cause 80% of automobile accidents nationwide. Recent studies show that talking while driving, even with a hands-free phone interferes with our ability to focus more than being above the legal limit for alcohol consumption.

A bill pending in the Pennsylvania legislature would ban any form of cell phone use if the driver is between the ages 16-18. Younger drivers, according to the Governor’s Highway Safety Association (GHSA), the National Highway Safety Administration (NHTSA), and the Insurance Institute for Highway Safety (IIHS), have the highest crash risk of any age group.

Per mile, the crash rate for 16 year-old drivers is 10 times the rate for drivers between 30 and 59. The basic reasons behind this statistic are obvious. Teen drivers have no experience with the myriad issues faced by drivers with experience, furthermore they are immature and often takes risks, most often speeding, which contribute to the increased death rate. Add to those numbers a cell phone distraction and you have serious trouble brewing.

In addition to laws, safety experts agree that parents also 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.

As an experienced Nashville automobile accident lawyer I have seen far too many teen deaths and I strongly encourage parents to be realistic about the skills and propensities of their children.

If you or a loved is injured in a Nashville or Tennessee automobile accident caused by a teen driver contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Car Crash Epidemic

As an experienced Tennessee automobile accident attorney one of the most perplexing things is the public’s inability to see automobile accidents for the public health epidemic that it is. The Institute for Transportation Engineers has estimated that over a ten-year period an average of 120 people a day die in vehicle-related crashes. Where is the national press on this issue? That’s like four major airline disasters occurring every week.

I guess familiarity, doing something like driving every day, becomes routine, and we just don’t think of it as being particularly dangerous. But the facts show that getting behind the wheel of a motor vehicle is the most dangerous thing any of us do on any given day.

What can we do to address this public health epidemic? First of all the solution starts with each one of us. We must eliminate distractions such as cell phones, GPS, eating, and then employ a couple of other simple things such as driving the speed limit, wear your seat belts, use your signals and don’t tailgate. If you are a parent, teach your children and inculcate in them the understanding of the dangers that await them. Be a good example and don’t be a “do what I say and not what I do” parent.

If you or a loved one is injured or killed in a Tennessee automobile accident you owe it to yourself to contact an experienced Tennessee car crash lawyer like those we have at Phillip Miller & Associates and find out about your rights and remedies.

Stop Cell Phone Distraction

As an experienced Nashville automobile accident attorney I try to find relevant information that will educate my clients and Blog readers about Tennessee highway safety issues. A recent article from the website of the National Safety Council reviews studies done on the public attitude about distracted drivers. I reprint it here for your review. After you read it feel free to pass it on to your friends and family members.

The public strongly supports legislation to curb distracted driving, according to 20 public opinion surveys from 2001 – 2009 compiled by the National Safety Council. The surveys looked at behavior, attitudes about risk and support for legislation banning driver activities, such as talking on a cell phone.

The surveys are from the AAA Foundation for Traffic Safety (AAAFTS), Harris Interactive, Liberty Mutual Group, Nationwide Insurance, New York Times/CBS, Pew Research Center and Quinnipiac University Polling Institute.

The survey results are summarized below.

Legislative Support Summary

• Current public support for laws banning texting is very high at 80 to 97 percent, according to three surveys conducted in 2009 by Nationwide Insurance, New York Times/CBS and Quinnipiac University.

• Public support for laws banning handheld phones has been consistently high since 2001, with support levels of 73 to 86 percent. Most polls report at least 80 percent support, according to 10 national and state public opinion polls conducted from 2001-2009.

• Nearly 43 percent of the public supports a total cell phone ban, which includes banning handheld, hands-free and texting, according to the AAAFTS in 2009.

• Nationwide Insurance’s 2009 survey found 57 percent of respondents strongly or somewhat support total bans on cell phone use while driving, including banning hands-free.

• The public is quickly understanding the risks of texting while driving. According to a 2009 AAAFTS survey, 95 percent of respondents rated texting while driving as completely or somewhat unacceptable and 87 percent said texting or e-mailing while driving is a very serious threat to safety.

• Public support for legislation banning texting and/or e-mailing while driving is very high, ranging 80 to 97 percent (Nationwide, New York Times/CBS and Quinnipiac).

Risk Perception

• National and state surveys since 2001 show the majority of voters believe laws banning cell phone use while driving would increase safety.

• Public risk perception has in recent years shifted from “slightly or not dangerous” to “very dangerous.” Surveys in 2009 showed 71 percent of the public rated talking while driving on a handheld phone as “unacceptable” (AAAFTS). And 64 percent agreed talking on cell phones while driving is “dangerous” or “very dangerous” (Harris).

• In recent years, the public is rating cell phone use as more serious than other driver distractions (Nationwide).

• Despite public belief in the danger, nearly three out of 10 participants in a 2009 AAAFTS survey admitted to talking on a cell phone while driving fairly often or regularly in the preceding 30 days.

Handheld vs. Hands-Free

• The following has remained consistently high throughout the decade:

Support for legislation banning handheld phones

Belief that banning handheld phones will increase safety

Belief that talking on handheld phones while driving is a threat

• Public risk perception has been lower for hands-free devices than handheld phones, but support is growing for bans on both, according to recent findings of several organizations.

• Public knowledge and opinion about the risk associated with hands-free phone conversations do not yet reflect scientific evidence. In December 2009, NSC compiled 30 studies that compared talking on handheld and hands-free phones while driving. The studies found no increase in safety from using hands-free phones.

Texting

• According to CTIA-The Wireless Association, the recent increase in text messages sent per minute is dramatic:

2000 — 319

2005 — 223,595

2007 — 1,095,163

2008 — 2,509,750

• Despite majority public belief that texting is a serious threat to safety, the percentage of teens and adult drivers who report texting while driving is shown in multiple polls to be increasing (Nationwide, AAAFTS, Harris and Pew Research Center).

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a distracted driver contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and take advantage of free consultation to learn about your rights and remedies.

Put The Phone Down

As an experienced Nashville automobile accident attorney I use my blog, “The Tennessee Auto Accident Attorney”, as a way to educate my readers about issues related to driving on the highways and byways of Tennessee. Today I would like to give you some facts about cell phone use while driving compiled by the good folks at the National Safety Council.

• Dozens of peer-reviewed scientific studies have demonstrated the risks associated with using a cell phone while driving, including a significantly increased crash risk.

• Drivers who use a cell phone, either handheld or hands-free, are four times more likely to be involved in a crash, according to a 1997 New England Journal of Medicine examination of hospital records, and a 2005 study funded by the Insurance Institute for Highway Safety linking injury crashes to cell phone records.

• About 30 research studies conclude that there is an increased crash risk when using a cell phone while driving. Many of these studies further conclude that using a hands-free phone while driving is just as risky as talking on a handheld phone.

• Many businesses and organizations understand the risk and are taking action. Among NSC members that responded to a 2009 survey, 58 percent (1,163 out of 2,004 respondents) said their organization had some type of a cell phone policy, and the majority of them reported that the policy had a positive impact. Over 70 percent of companies that prohibit the use of all wireless communication devices while driving, including hands-free phones, did not see a decrease in productivity; over 20 percent saw decreases in employee crash rates and property damage.

• Cell phone use contributes to an estimated 25 percent of injury and property damage-only crashes.

• Thousands of deaths each year are due to cell phone-related crashes, according to the Harvard Center for Risk Analysis.

• Hundreds of millions of people use cell phones while driving. According to CTIA, The Wireless Association, there are more than 275 million cell phone subscribers. A 2008 Nationwide Insurance public opinion poll showed 81 percent of cell phone owners admitted to talking on a cell phone while driving.

• Talking to a passenger while driving is significantly safer than talking on a cell phone for adult drivers, according to a University of Utah study. Passengers, unlike cell phone conversations, can make the driver aware of changing road conditions they might not see and can stop the conversation if traffic conditions warrant.

• The annual cost of crashes caused by cell phone use was estimated at $43 billion in 2003, according to the Harvard Center for Risk Analysis.

They seem so convenient, it’s so tempting to just pick it up and reach out to someone, but the facts speak for themselves. When you talk on the cell phone while driving you are putting yourself and others around you in danger of injury or death. I urge you to think about these facts when you pick up that phone. Keep your eyes on your driving and your hands on the wheel. Stay alive and don’t kill a stranger.

If you or a loved one is killed or injured in a Nashville automobile accident by a distracted driver talking on the cell phone, act quickly and contact an experienced Tennessee personal injury lawyer to handle your case. Contact Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Keep A Safe Distance

It was just a tiny article in a Nashville media source about a Tennessee school bus accident involving athletes from University School of Nashville. To an experienced Tennessee automobile accident attorney the article spoke volumes. Simply stated, the school bus was traveling on I-40 in Knoxville following a car that stopped suddenly and the school bus rammed into it.

Tennessee law states: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” When another driver makes a mistake, you need time to react. Give yourself this time by keeping a “space cushion” around your vehicle.  This space cushion will give you room to brake and avoid hazards when needed. Good drivers keep this safe following distance or space cushion to have a better view of the road. The more space you allow between your car and the car ahead, the more time you will have to see and react to traffic hazards or crashes down the road. Many drivers don’t see as well as they should because they follow too closely (tailgating).  The vehicle ahead of them blocks their view of traffic and road conditions.

The Two-Second Rule To share the road safely, stay a safe distance from the vehicle in front of you.  Nationally, safety agencies and driver education programs have tried to define a safe following distance for drivers to maintain.  This has ranged from a two to four second following distance.  Use the following tips to determine if you are following too closely:

A.  As the car ahead of you passes a stationary point on the road (a sign post, driveway, utility pole, etc.), count the seconds it takes you to reach the same spot.

B.  Count to yourself “one-thousand and one, one- thousand and two,” etc. You should NOT reach the same point on the road before you finish counting to at least “one-thousand-two.”  If you do, you are following too closely.

C.  Slow down slightly to increase the space between you and the other vehicle.  Find another spot to check your new following distance.  Repeat this exercise until you are following no closer than two seconds.

This principle will hold true at any speed on state and U.S. highways with moderate speed limits.  However, during inclement weather, interstate highway driving at higher speeds and night driving, the two-second rule should be increased to allow for improved visibility.  A minimum of four seconds should allow for better reaction time and a safer space cushion under these conditions.

Another thing an experienced Tennessee car crash lawyer would look into would be whether the bus driver did have sufficient time to stop but was somehow distracted, maybe by a cell phone and hopefully not by texting. No matter how much time you have to react, if you are distracted, all bets are off.

If you are the victim of a Nashville or Tennessee automobile accident caused by a tailgating or distracted driver we urge you to contact our Nashville car accident attorneys today for a free consultation. When you hire an auto accident attorney from Phillip Miller & Associates, you’re getting a well 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.

Distracted Driving Kills

As a Tennessee automobile accident lawyer I am aware that these days, people are bombarded with devices that can help accomplish more in less time. With people spending an average of about one hour and 15 minutes in their vehicles every day, unfortunately, other activities, from talking to the kids to eating dinner, often take place behind the wheel.

Experts estimate that drivers are doing something potentially distracting more than 15 percent of the time their vehicles are in motion. So little time, so many multi-taskers. If you’re driving your vehicle, you are already multitasking. At a minimum you are: operating a piece of heavy machinery at high speed; navigating across changing terrain; calculating speeds and distances; and responding to all the other drivers and obstacles around you. Putting one more activity in the mix –even talking to your passengers or changing a radio station — can be enough to make you lose control of your vehicle or fail to respond in an emergency.

According to the National Highway Traffic Safety Administration 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.

With those facts in mind I reference an article on the website of the Kingsport Times-News reporting on a fatal Tennessee automobile collision in which a van, owned and operated by a not-for-profit, crossed the center line and crashed head-on into another vehicle killing it’s driver.

As an experienced Tennessee automobile accident attorney I ask myself what causes a driver to be so distracted that he/she crosses the center-line and head-on’s another car? In the hundreds of cases that I have handled I have seen hundreds of distractions. Cell phones, texting, reaching for cigarettes, fooling with the radio, talking to passengers, thinking about things unrelated to driving, day-dreaming, and the list goes one. Fortunately for investigators the distracted driver here is alive to answer questions.

As an experienced Tennessee automobile accident lawyer I implore you to think about the distractions in your daily driving experience and try to avoid them. If you or a loved one is injured or killed in a Tennessee automobile accident caused by a distracted driver contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates to learn about your rights and remedies.