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.

Avoid Distractions

As an experienced Nashville automobile accident lawyer I’m seeing a sad and terrifying story about highway safety play itself out more and more frequently. It’s a simple story, deadly in it’s simplicity. A driver somehow becomes distracted and crosses the centerline of the highway and slams head-on into another vehicle coming from the other direction.

This story played out the other day in Georgia, just across the line from Chattanooga Tennessee. This accident resulted in the death of 3 people, one a 3-year-old girl, and her 8-year-old brother is now in serious condition at Erlanger Hospital. My prayers go out to the family and friends of the deceased and my special prayers for a complete and speedy recovery go out to young Skyler.

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. 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.

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.

Observe Construction Zone Safety

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 Hit & Run accident in Kingsport Tennessee, last week in which a motorist, distracted by using a cell phone, hit a traffic worker in a clearly marked worker present zone, and then fled the scene. By now I’m sure she is sorry she compounded her mistake by fleeing the scene and leaving the worker injured in the street, because she has been arrested and jailed.

Construction zones can present a driver with a challenge. The zones are usually well marked in advance and require vehicles to start reducing speed in preparation for the upcoming area on the road where the construction equipment and workers are located.

If you or a loved one is injured or killed in a Tennessee construction zone accident it’s important that you secure the services of an experienced Nashville automobile accident attorney like those that you will find at Phillip Miller & Associates. Time is of the essence in these cases so contact us immediately at 615-356-2000

Look Both Ways Even On Green

Most car accidents in Nashville happen because people are in a rush, speeding, not paying attention, texting or talking on the phone.  An accident can happen anywhere but Nashville police who monitor car crashes will tell you that there are certain intersections where you can count on an accident or two just about every day.

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.

The Tennessee Rules of the Road suggest that when you approach an intersection you should use a technique called “Traffic Checks”. “Traffic checks” is the process of looking frequently and carefully for vehicle traffic approaching from each direction. “Traffic checks” is especially important when merging or changing lanes AND when approaching and crossing intersections.

If you or a loved one is injured or killed by a negligent driver in a Nashville intersection accident contact the experienced Nashville personal injury accident lawyers at Phillip Miller & Associates by calling 615=356-2000.

Avoid Distractions

According to witnesses following a white Chevy S-10 driven by a 28-year-old Henry County Tennessee man, he was not weaving or showing any signs that he was impaired, he simply drifted over into the oncoming lane and slammed head-on into a vehicle driven by a 48-year-old man. The 28-year-old was killed and pronounced at the scene, the other man was flown to Nashville and his condition today is unknown.

Investigators are unsure what caused the accident but as an experienced Tennessee automobile accident attorney I can tell you that one of two things are in play here. The first is that the S-10 driver suffered a medical emergency or some kind of a drug reaction. An autopsy will reveal the answer to this question.

The second, and probably the most likely, is that the S-10 driver was distracted by something, probably a cell phone or other electronic device. Investigators will study the dead man’s cell phone records to determine whether he was using the device at or near the time of the crash.

Distractions are said to be the cause of over 80% of the accidents and near accidents on the highways of the United States. Studies show that using a cell phone, whether hands free or hand-held, impairs the driver at the same level as if he/she were legally intoxicated. (.08)

Have you or a loved one been injured in a Nashville motorcycle accident or auto accident as a result of distracted driving or other negligent driving?  If so, you should call the experienced Nashville personal injury lawyers at Phillip Miller & Associates, a Nashville motorcycle accident lawyer from our law firm will fight to help you win. We will treat you with the utmost compassion and respect. Call us today and speak with an experienced Nashville personal injury lawyer to discuss the details of your case. Call (615) 356-2000.

Applying Makeup While Driving Is A Deadly Exercise

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.

If you think about it there are a thousand and one different things that can distract a driver for a second or two and end up with human beings dying. In this Blog I have spoken about many of them, the main one, of course, is cell phone use. Studies show that cell phone use can distract a driver in a number of ways.

Another distraction that my colleagues and I have observed over the years, and one that doesn’t get a lot of press is the distracted driver who is applying makeup while they are driving. Vietnam Veterans parkway and I-65 coming from Gallatin to Nashville in the morning drive time has seen dozens of fatal and almost fatal accidents caused by drivers distracted while doing what they should have done at home.

If you or a loved one are injured or killed in a Nashville auto accident caused by a distracted driver, you owe it to yourself to contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates, and take advantage of a free consultation to learn about your rights and remedies. Call 615-356-2000

Cell Phone Distraction

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.

This past week a Clarksville Tennessee woman is driving along Providence Blvd. when she answered a call on her cell phone. Distracted for only a few seconds, she crossed the centerline into oncoming traffic and hit another car head-on. All three of the adults were treated for non-life-threatening injuries but unfortunately, the child remains hospitalized in critical condition.

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.

The lesson here for Nashville drivers is that you must keep all of your attention on the acting of driving and avoid distractions. You never know when another driver is going to fall asleep, have a medical emergency or get distracted and leave their lane and initiate a deadly collision.

Have you or a loved one been injured in a Nashville motorcycle accident or auto accident as a result of distracted driving or other negligent driving?  If so, you should call the experienced Nashville personal injury lawyers at Phillip Miller & Associates, a Nashville motorcycle accident lawyer from our law firm will fight to help you win. We will treat you with the utmost compassion and respect. Call us today and speak with an experienced Nashville personal injury lawyer to discuss the details of your case. Call (615) 356-2000.

Get Fired or Die

The U.S. National Safety Council (NSC) estimates at least 23 percent of all motor vehicle crashes each year involve cell phone use. And now, not only can texting-while-driving get you killed, it can also quite possibly get you fired.

NSC recently surveyed Fortune 500 companies on this topic and found that one out of five respondents has a total ban on cell phone use while driving, and the ban covers all employees. More than half of respondents report that these policies were implemented in the past two years. Organizations with total bans, range in size from 100 employees to 70,000.

The lawyer in me wonders how the company can enforce such a ban, and the cynic in me wonders whether it’s an attempt by the companies involved to cover their you know what’s.  But the facts show a different picture, among those Fortune 500 companies surveyed by NSC that have total bans on cell phone use while driving, 22 percent say they experienced decreased crash rates, and 22 percent also say they saw decreased property damage.

If you are interested in learning how your company can achieve these numbers, the NSC offers a free Cell Phone Policy Kit for Employers. According to the NSC, allowing employees to use cell phones while driving can incur significant corporate liability. The NSC says crash scenarios in which employers have been liable include employees who were driving:

During work hours and outside typical work hours

To or from work appointments and for personal reasons

In business or personal vehicles

While having business and personal conversations

While using employer-provided and employee-owned phones

While using hands-free and handheld devices

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.

Distracted Driver

It doesn’t take much of a distraction for a driver to end up in critical condition. If one is traveling at a high rate of speed it takes only a second or two for the vehicle to leave the road and hit something hard, a concrete barrier, a guard rail, trees or God-forbid another vehicle or a pedestrian.

In Memphis last week, a 23-year-old man ended up in critical condition after his car slammed into a utility poll on Highland Ave. near Spottswood. According to local media sources the driver was heading north on Highland when he became distracted and his front tire hit a curb. The car then left the roadway and went into a spin, with the driver’s side of the car hitting the pole. Fortunately, the man is reported to be in non-critical condition.

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.

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