Gender In Car Crashes

As part of our mission at Phillip Miller & Associates we provide education to our readers about important facts related to Tennessee highway traffic safety. I recently reviewed some statistics about the relationship of gender in highway safety.

More men than women die each year in motor vehicle crashes. Men typically drive more miles than women and more often engage in risky driving practices including not using seat belts, driving while impaired by alcohol, and speeding. Crashes involving male drivers often are more severe than those involving female drivers. However, in crashes of equal severity, females are more likely than males to be killed or injured.

Both men and women traveled more miles in 2008 than in 1995. The percentage increase in miles traveled between 1995 and 2008 was greater for women (13 percent) than for men (8 percent). Although men and women traveled more in 2008 than in 1995, the rate of fatal crashes per 100 million miles of travel decreased 24 percent between 1995 and 2008 for both men and women.  These facts are based on analysis of data from the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS).

If you or a loved one is seriously injured or killed by a negligent driver in Tennessee you owe it to your family to contact the experienced Nashville personal injury lawyers at Phillip Miller & Associates and protect your rights. Call 615-356-2000 for information.

Watch Out For Motorcycles

A 20-year-old man riding his motorcycle was killed when a 50-year-old woman failed to yield the right of way and pulled out directly into his path with her car. The woman was jailed when she was unable to produce proof of liability insurance. The investigation is ongoing and Highway Patrol officers close to the situation say further charges are pending.

I deal with uninsured motorists all the time and I can never understand how they make the decision to forgo their legal responsibility and take their vehicles onto the road. If the heirs of this young man wish to seek compensation for his death they are going to have to look to the “Uninsured Motorist” coverage of his own insurance policy.

One might think that since the coverage is from his own policy that the insurance company will simply do the right thing and pay for his damages. This is not the case, in my experience the insurance adjusters go out of their way to limit any recovery so that they don’t have pay out any money.

Our firm had one of these cases this past year and after a miserly offer of settlement, we went to trial and got a million dollar plus judgment. Check us out.

These are the kinds of cases that require you to act quickly and contact an experienced Nashville motorcycle accident lawyer like those you will find at Phillip Miller & Associates. Call today at 615-356-2000.

Alcohol Related Fatality

According to a local media report the accident that took the lives of three Warren County Tennessee men was related to alcohol use. The single car accident started when, for some unknown reason, left the roadway, hit an embankment and slammed into a utility pole.

The driver and front seat passenger were trapped in the vehicle and the backseat passenger was ejected. The ejection tells this Nashville personal injury lawyer that the backseat passenger was not wearing his seat belt.

When drinking is involved in a one-car crash like this one, it’s hard to tell whether the initial cause of the roadway departure was speed or distraction or both. Whenever you see an accident, usually involving one car that 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?

According to the Federal Highway Administration roadway departure crashes are frequently severe and account for the majority of highway fatalities. 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.

Deer Can Create A Dangerous Situation

In Tennessee we are coming into the birthing stage in the life cycle of deer. Young deer can become a problem because they are unfamiliar with vehicles and their headlights. They panic easily and can dart in front of a moving vehicle. As an experienced Nashville automobile accident lawyer I’d like to share some thoughts on remaining safe while driving during deer birthing season:

1. Stay alert and watch the sides of the road.

2. As soon as you see one deer crossing, be prepared to stop. There’s bound to be more than just that one.

3. If you do hit a deer, do not approach it and try to help. An injured animal is in survival mode and can attack you.

4. Do not swerve to avoid contact with deer. This could cause the vehicle to flip or veer into oncoming traffic. Swerving also can confuse the deer as to where to run.

5. When you spot a deer on the side of the road, slow down immediately.

More Middle Tennesseans are hitting deer, the inevitable result of more rural construction combined with more cars on the road, wildlife officials say.

Since 2008, the statewide numbers have jumped by about 100 accidents a year, to 5,406 in 2010. Some counties are predicting another record year based on a high number of crashes this season.

Nationwide the number of deer-related crashes is down by about 7 percent, according to a report released by State Farm Insurance in October. Tennessee’s ranking for likelihood to hit a deer rose from 30th to 29th, with the odds of a person hitting a deer here at 1 in 223, the report said.

For this and other traffic related information check out our web site at Phillip Miller & Associates, or call us as 615-356-2000.

Seat Belts Save Lives

Two Maryville, Tennessee men avoided death when the convertible they were riding in went out of control, crossed into the oncoming lane, struck a ditch, slammed into a culvert, went airborne, hit two trees before coming to stop up-side-down. The driver is in stable condition and the passenger was released after an examination.

The facts of this accident tell this experienced Nashville automobile accident attorney two things; the driver was most probably speeding, or was distracted, and the fact that neither man was ejected during the accident tells me that the men were properly using their safety belts.

Speeding is one of the most prevalent factors contributing to traffic crashes. In 2010, speeding was a contributing factor in 31 percent of all fatal crashes, and 13,040 lives were lost in speeding-related crashes.

Restraint use is clearly designed to reduce injury severity and prevent occupants from being ejected from their vehicles. Tennessee law requires the use of seat belts. An overwhelming number of studies show that seat belts, when used correctly, save lives.

We need, all of us, to take a second or two and buckle our seat belts and stay alive. If you wish to learn about this or other highway safety tips and suggestions visit the web site of the experienced Nashville automobile accident attorneys at Phillip Miller & Associates or call 615-356-2000.

Respect And Watch Out For Truck Drivers

Recent reports from the Tennessee Highway Patrol identify interstate highways in, and around, Knoxville, Tennessee, as particularly dangerous because of a rash of fatal tractor-trailer accidents in the past several months. In the last two months five fatal accidents have occurred.

The authorities seem to think the basis of the problem is the fact that cars and trucks can’t seem to share the roads safely. Alcohol use and speeding around trucks force the trucks to make in-advised decisions, and truckers who fail to slow down in congested areas seem to be a behind the fatalities.

Truckers, when questioned about the issue, seem to think that the main problem comes from car drivers that are distracted. Drivers tell of people using cell phones, women applying make-up, men shaving and people eating, talking to passengers as they drive as creating dangerous conditions on the roadway.

The lesson to be learned by Tennessee drivers is to respect the 80,000 lb behemoths and avoid distractions. It is essential that drivers be aware of speeding drivers or those who appear to be under the influence, and call authorities. In urban areas call 911 and in rural areas *847 will get the attention of the state troopers.

If you or a loved one is injured or killed in an interstate truck/car accident, time is of the essence. Contact the experienced Nashville tractor-trailer accident lawyers at Phillip Miller & Associates and protect your rights. Call 615-356-2000.

Medical Emergencies Can Kill

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.

Patient education by health care providers on early warning signs of a health crisis, such as warning signs before seizure attacks, diabetic or hypoglycemic comas and potential side effects of medications are recommended as the most effective countermeasure.

If you or a loved one is injured or killed in a Tennessee automobile traffic accident contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to determine your rights and remedies. Call 615-356-2000.

I just read a local media report out of Hawkins County Tennessee this morning that opens with this statement, “A police report states speed may have been a factor in a car crash that put two teens in a hospital.”

The 17-year-old driver was speeding, lost control, hit a ditch and then a tree, causing her 14-year-old passenger to be ejected from the vehicle, then hit another tree before her vehicle began to flip numerous times. As an experienced Nashville car crash lawyer these facts tell me two important thing, the driver was speeding and the passenger was not wearing her seat belt. The miracle here is that neither girl was seriously injured.

Speeding Tennessee Teen Survives

Among experienced Tennessee automobile accident attorneys, the Governor’s Highway Safety Association (GHSA), the National Highway Safety Administration (NHTSA), and the Insurance Institute for Highway Safety (IIHS), it is generally agreed that teen drivers 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, and are easily distracted which contribute to the increased death rate.

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.

Teen Driving Fatalities

The AAA Foundation for Traffic Safety this week released a study showing a strong association between the number and age of passengers present in-vehicle and the risk of a teen driver dying in a traffic crash.

The report, “Teen Driver Risk in Relation to Age and Number of Passengers,” found that the likelihood of a 16- or 17-year-old driver being killed in a crash, per mile driven, increases with each additional young passenger in the vehicle. Compared to driving with no passengers, a 16- or 17-year-old driver’s fatality risk:

1. Increases 44 percent when carrying one passenger younger than 21 (and no older passengers)

2. Doubles when carrying two passengers younger than 21 (and no older passengers)

3. Quadruples when carrying three or more passengers younger than 21 (and no older passengers)

Conversely, carrying at least one passenger aged 35 or older cuts a teen driver’s risk of death by 62 percent, and risk of involvement in any police-reported crash by 46 percent, highlighting the protective influence that parents and other adults have in the car.

The study analyzed data on crashes and the number of miles driven by 16- and 17-year-olds to assess the effect on a teen driver’s safety of having passengers in the vehicle. Though widely accepted that passengers pose a risk, recent changes – such as the adoption by most states of varying passenger restrictions for novice teen drivers, and a substantial overall decline in teen traffic fatalities – beg the question of just how significant the risk is.

Despite recent progress, the new report confirms that carrying young passengers (under 21) is still a major risk factor for 16- and 17-year-old drivers. Crash data analyzed by the AAA Foundation found that in Illinois, between 2006-2010, there were 273 fatal crashes that involved a 16-17 year-old driver. Of those crashes, 141 (52 percent) fatal crashes happened when at least one other passenger under 21 was in the car with the teen driver.  That number dropped to 21 (8 percent) when there was at least one passenger over 21 in the car with the teen driver.

“We know that carrying young passengers is a huge risk, but it’s also a preventable one,” said Beth Mosher, director of public affairs for AAA Chicago. “These findings should send a clear message to families that parents can make their teens safer immediately by refusing to allow them to get in the car with other young people, whether they’re behind the wheel or in the passenger seat.”

“The connection between carrying young passengers and increased fatal crash risk is clear, and placing appropriate limits is a key part of graduated driver licensing,” said Mosher. “By limiting the number of passengers that 16- and 17-year-old drivers can have in the car, these policies help ensure that teens stay focused on the road and gain the experience they need to become safe drivers. It’s critical, too, that parents enforce the law and family rules that restrict passengers and help keep their teens safe.”

Additionally, given the significant decrease in risk seen when adults 35 and older were present, parents and guardians can also help protect novice teen drivers by spending more time in the car with them.

AAA Foundation urges families to consider these steps:

Know the graduated driver licensing system for your state, and remember: even if the law doesn’t set a passenger limit, parents can

Sign a parent-teen driving agreement that stipulates teens will not ride as passengers of teen drivers without a parent’s advance permission

Provide transportation alternatives for teens who honor that pledge

Talk with other parents so they know the rules for your teen and will help enforce them

Spend time as a passenger when your teen is at the wheel.  Your presence and your guidance help make your teen a safer driver

Visit www.Teendriving.AAA.com for resources that can help teens become safer drivers, including a parent-teen driving agreement covering safety risks like passengers, cell-phone use and night driving.

If you or a loved one are injured or killed in a Tennessee are killed or seriously injured in an automobile accident caused by a teen driver, you owe it to yourself to seek counsel from the experienced Nashville personal injury lawyers at Phillip Miller & Associates to answer your questions and to protect your rights. Call 615-356-2000.

Parents Need To Teach Driving Safety To Teen Drivers

A recent study by the AAA Foundation for Traffic Safety takes an interesting look at teen driving fatalities. Motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group. In 2008, about 3,500 teens in the United States aged 15–19 were killed and more than 350,000 were treated in emergency departments for injuries suffered in motor-vehicle crashes.

One of the reasons we don’t allow children under the age of 16 drive and motor vehicle is that they are immature emotionally and from a physical standpoint their brains have yet to develop certain areas that allow them to control impulses.

According to a local media report, a Williamson County, Tennessee 15-year-old was killed when a low speed vehicle (golf cart) crashed into a brick mailbox. Three other young men suffered serious injuries. Our prayers go out to the family and friends of the deceased youth and our prayers for a complete and speedy recovery for the other boys.

As an experienced Nashville personal injury accident lawyer several questions come to mind when I think about this situation. Did the parents of the driver know and condone their child’s use of the golf cart? Did they take reasonable steps to prevent the underage driver from having access to the vehicle?

The laws regarding the operation of low speed vehicles on Tennessee’s roads are contained in Tenn. Code Ann. § 55-8-191.  Low speed vehicles can only be operated on streets where the posted speed limit is thirty-five miles per hour (35 mph) or less.  A low speed vehicle is permitted to cross streets that exceed this thirty-five mile per hour limit.

Owners and operators of low speed vehicles, including golf carts, are subject to the requirements outlined in Tenn. Code Ann. § 55-8-191 regarding the proper operation of these vehicles on Tennessee’s roads and must have a Class D driver license in their possession when operating the vehicle.

Aside from the golf carts owners concern for the recovery of their son, I suggest that they face serious liability issues for allowing their unlicensed, under age son access to this dangerous vehicle and for allowing him to operate it on a road.

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.