Passenger Vans Require Special Care

Passenger vans are inherently dangerous for a number of reasons. The driver of a passenger van carrying young children owes a special duty of care to transport the children safely and without incident. A three-vehicle accident in Memphis on Friday shows just what can happen when the driver allows himself to be distracted.

Facts about what happened are somewhat sketchy in the local media report but the comment of a 6-year-old male passenger tells the story. The young man said that the driver wasn’t paying attention, that he was just driving along talking on his cell phone when the accident happened. None of the children were hurt but occupants of the two other cars were transported to local hospitals.

Federal regulations prohibit commercial drivers from talking on cell phones when in motion, but I think this driver has bigger problems when his employer reviews his actions.

The lesson here, is that cell phone use distracts a driver and a cell phone distracted driver, according to studies, is a just as distracted as a legally drunk driver. Put the phone down and if you need to take or make a call, pull over and get out of traffic.

If you or a loved one is injured or killed in a Tennessee traffic accident involving a passenger van contact the experienced Nashville personal injury lawyers at Phillip Miller & Associates. Call 615-356-2000.

Tennessee Roadway Fatlity

This past Friday afternoon a 62-year-old Oliver Springs man was killed in a one-car roadway departure crash in Anderson County, Tennessee. According to local media reports the man was traveling westbound on Oliver Springs Highway when he lost control, swerved across the intersection of Bill Key Lane, went airborne, and then flipped into a pond. Police told local media that the man was wearing his seat belt.

As an experienced Tennessee automobile accident attorney, I’m left to wonder what caused the man to lose control. From the article, I would assume that the man was speeding and was not able to negotiate a turn or was somehow distracted in the seconds before leaving the road.

Numerous studies point to 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

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. Call 615-356-2000.

It's Big and Yellow and has Blinking Lights

A Memphis man, the driver of a Jeep Cherokee, told police he was distracted and didn’t see the emergency lights, or the stop sign on a huge yellow school bus, nor the hearing impaired child prior to striking the child. According to local media reports the driver of the school bus activated the red lights and stop sign at which time the 13-year-old left his driveway and proceeded to board the bus.

The young man suffered injuries to his head and was transported by ambulance to Le Bonheur Children’s Hospital. He is in critical but stable condition. Our prayers go out to him for a speedy and complete recovery.

He did not tell the police what had distracted him, but I’d bet a dollar to a donut he was using his cell phone. 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. Investigators will most probably review her cell phone records and find that she was engaged in a conversation with someone.

Come on people, it’s up to us to change the culture of distracted driving. Education is the first step and enforcement is the next. The distracted driver was charged with Failure to Maintain Control and Safe Lookout along with Overtaking and passing a school bus. Alcohol and speed were not factors in the accident.

If you or a loved one are involved in a Tennessee automobile accident caused by a distracted driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies. Call 615-356-2000

Cell Phone Distraction

Numerous public opinion surveys show most drivers believe that using cell phones while driving is dangerous. However, many admit they regularly talk or text while driving. At any time, 11 percent of all drivers are using cell phones, according to the National Highway Traffic Safety Administration. NSC estimates more than 1 out of every 4 motor vehicle crashes involves cell phone use at the time of the crash.

However, many admit they regularly talk or text while driving. At any time, 11 percent of all drivers are using cell phones, according to the National Highway Traffic Safety Administration. NSC estimates more than 1 out of every 4 motor vehicle crashes involves cell phone use at the time of the crash.

Drivers who use cell phones have a tendency to “look at” but not “see” up to 50 percent of the information in their driving environment. A form of inattention blindness occurs, which results in drivers having difficulty monitoring their surroundings, seeking and identifying potential hazards, and responding to unexpected situations.

It’s a no-brainer to accept that when you drink and drive you put yourself and the other people on the road in danger, the fact is that when you talk and drive the danger is the same.

If you or a loved one is killed or seriously injured in a Tennessee auto accident caused by a driver distracted while using a cell phone, an experienced Nashville personal injury lawyer like those at Phillip Miller & Associates, might well be able to help you recovery for all of the damages, both property and physical that you have suffered.

Cell Phone Distractions Kill

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.

If you or a loved one is seriously injured or killed in a Nashville auto accident caused by a driver distracted by a cell phone, contact the experienced Nashville personal injury attorneys at Phillip Miller & Associates and take advantage of a free consultation. 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.

Hang Up And Arrive Alive

An interesting study regarding long commute drivers conducted by Fairleigh Dickinson University’s PublicMind and cosponsored by the New Jersey Division of Highway Traffic Safety, that New Jersey drivers who have a long commute are more likely to speed and drive distracted by talking on a cell phone or texting.

The study showed that although 25 percent of New Jersey drivers say they regularly travel more than 70 mph on state highways, drivers with long commutes (39 percent) were more likely to speed than those with shorter commutes (22 percent).

More than 60 percent who drive 20 or more miles to work will speed “most of the time” or “often,” compared with 53 percent who have shorter commutes and 42 percent who have no commute, according to the study.

Additionally, nearly 20 percent of long commuters talk on a handheld cell phone “very often” or “sometimes” while driving, but less than 10 percent of those who do not drive to work do the same. Commuters of both short (32 percent) and long (31 percent) distances were more likely to text and drive than those who do not commute to work (16 percent), the report found.

For this and other Tennessee highway traffic safety tips and information, visit the website of Phillip Miller & Associates or call 615-356-2000.

Cell Phone Distraction

Not long ago the National Safety Council released a white paper describing the risks of using a cell phone while driving. The white paper, “Understanding the distracted brain: Why driving while using hands-free cell phones is risky behavior,” addresses the lack of understanding about the dangers of cell phones and hands-free devices.

The white paper includes references to more than 30 scientific studies and reports, describing how using a cell phone, hands-free or handheld, requires the brain to multitask – a process it cannot do safely while driving. Cell phone use while driving not only impairs driving performance, but it also weakens the brain’s ability to capture driving cues. The white paper is available for free download on the NSC Website.

The paper describes how drivers who use cell phones have a tendency to “look at” but not “see” up to 50 percent of the information in their driving environment. A form of inattention blindness occurs, which results in drivers having difficulty monitoring their surroundings, seeking and identifying potential hazards, and responding to unexpected situations.

Numerous public opinion surveys show most drivers believe using a cell phone while driving is dangerous. However, many admit they regularly talk or text while driving. At any time, 11 percent of all drivers are using cell phones, according to the National Highway Traffic Safety Administration. NSC estimates more than 1 out of every 4 motor vehicle crashes involves cell phone use at the time of the crash.

“Cell phone use while driving has become a serious public health threat,” said Janet Froetscher, NSC president and CEO. “This white paper provides the necessary background and context for lawmakers and employers considering distracted driving legislation and policies. Several states and municipalities have passed legislation allowing hands-free devices while driving. These laws give the false impression that hands-free phones are a safe alternative, when the evidence is clear they are not. Understanding the distraction of the brain will help people make the right decision and put down their cell phones while driving.”

To learn more about cell phone use while driving, visit distracteddriving.nsc.org, or visit the web site of Phillip Miller & Associates for more information on Tennessee highway safety. Call 615-356-2000.

Photo courtesy of the AAA Foundation for Traffic Safety

Don't Let Your Guard Down

In my last Blog I wrote about how no matter how careful you are driving, you must keep a sharp watch out for other drivers. Never let your guard down. Reference a fatal accident on I-440 in Nashville. The crash occurred at the beginning of the rush hour when a when a westbound Toyota Corolla lost control, crossed the grass median and went airborne.

The Toyota landed in the cab of a pickup driven by a 50-year-old Nashvillian. The man never had a chance and was pronounced dead at the scene. The driver of the Corolla, 43-year-old Nashville woman received non-life threatening injuries and was taken to Vanderbilt Medical Center. Police have not determined why the woman lost control of the vehicle.

As an experienced Nashville personal injury lawyer, from the limited facts I have from local media reports, I suspect that the investigation will find that the woman was speeding and distracted while using a cell phone or other electronic device. Speeding is one of the most prevalent factors contributing to traffic crashes.

Distraction from the primary task of driving could 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.

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.

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 an experienced Tennessee automobile accident lawyer contact the lawyers at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

Distracted Driver

One has to question what the Tennessee driver of a Nissan Versa was doing as she was driving along US Highway 11-E, it’s apparent that she wasn’t paying attention to the road ahead of her. In front of her a State Trooper with her emergency lights engaged had pulled to the left lane to assist another driver who had left the roadway. As the Trooper was assessing the scene the Versa slammed into the rear-end of her patrol vehicle.

The Trooper’s car then slammed into the Toyota she was attending to. Fortunately the Trooper suffered only minor injuries as did the Versa driver. As an experienced Nashville automobile accident lawyer my first guess from the facts set forth in the local media report, is that the driver of the Versa was using her cell phone as she drove along the highway. The only other thing I can think of is that she fell asleep, but my money is on the cell phone.

Over the last few years, cell phones have become more common in our day-to-day lives. In 1995, cell phone subscriptions covered only 11 percent of the U.S. population; in 2010, that number grew to 93 percent. This has led to a substantial increase in cell phone use while driving. According to the National Safety Council, 23 percent of all crashes each year involve cell phone use, resulting in 1.3 million crashes nationally. Almost 70 percent of the respondents to a AAA Foundation for Traffic Safety survey reported talking on a cell phone while driving during the previous 30 days. Researchers observing more than 1,700 drivers found that three out of every four drivers using a cell phone committed a traffic violation.

Talking on a cell phone while driving makes you four times as likely to crash, and texting while driving increases your chances of a crash by up to 8 to 23 times. While a growing number of drivers are turning to hands-free devices, studies show hands-free devices provide no safety benefit. It’s the conversation, not the device, that creates the danger. Cell phone use while driving isn’t just a visual and manual distraction, but a cognitive distraction. In addition to taking their eyes and hands off the wheel, distracted drivers take their mind off the primary task of driving.

The lesson for Tennessee drivers is to put it down, turn it off, and live. If you or one of your family is injured in a Nashville automobile accident caused by distracted driver talking on a cell phone you are going to need an experienced Nashville auto accident lawyer like those you will find at Phillip Miller & Associates. Contact us for a free consultation at 615-356-2000.