Protect Your Babies

A child was killed and four people were injured in an accident near Kenton, Tennessee on Tuesday. Local media reports say, a 47-year-old Kenton woman was traveling southbound on Highway 45, near the intersection of Taylor Road, in a Ford SUV being followed by a tractor-trailer when a Chevrolet Blazer driven by a 22-year-old woman from Tulsa, Okla., traveling northbound, crossed the center line and struck the SUV, knocking the mirror off the vehicle.

Her vehicle continued into the southbound lane, striking the tractor-trailer head on and then exiting the east edge of the road before coming to a final rest facing east. She and one of two children, who were passengers in the vehicle, were ejected. The woman was not wearing a seat belt. The tractor-trailer also exited the east edge of the road before coming to a final rest facing east.

A male child, aged 10 months, of Tulsa was killed in the accident. He was not in a safety restraint, according to the report. Safety restraints would have made a difference in the accident, according to the THP report. The other child, aged 2, of Tulsa, who was injured, was not wearing a safety restraint either. All three drivers were all injured in the accident.

Reports indicate the young Tulsa woman was apparently under the influence of drugs at the time of the accident. Tests have been requested.

Where does one start analyzing this tragic situation? The woman had two babies in her care and she didn’t take time to secure them in their safety seats. Police believe the dead child would have survived had he been secured. The woman is driving under the influence of drugs and for some reason she took her eyes off the road for a long enough time to cross the centerline. My prayers go out to the family of this child and his mother. The deaths were totally preventable.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a drugged driver you owe it to yourself to contact the experienced Nashville personal injury lawyers at Philip Miller & Associates and share your facts with us for a free consultation. Call 615-356-2000.

Child Safety

As an experienced Nashville automobile accident attorney it occurs to me that of all the types of fatal crashes the most devastating is when a negligent parent causes the death of one of their children. Negligent parents that fail to safely secure their children in child safety seats, parents that drive drunk or under the influence of drugs, parents who leave their children to die in sweltering cars are but some of the kinds of accidents I’ve seen.

Reference a recent case in Johnson City, Tennessee in which a 2-year-old was run over by his 26-year-old mother. The mother failed to observe the child behind her van and she backed over him. There are so many questions for investigators, the number one question is, what was a 2-year-old unsupervised  child doing in the parking lot of an apartment complex.

You place your children’s safety at the top of your priority list. You shopped for the safest car when you started a family. You read up on car seats for kids and figured out which one worked best for you and your family. You even took your car and car seat to a seat-checking station to let an expert check and approve of your handiwork.

Many children are killed or seriously injured in back-over incidents. A back-over incident typically occurs when a car coming out of a driveway or parking space backs over a child because the driver did not see him/her.

Prevention Tips:

• Teach children not to play in or around cars

• Supervise children carefully when in and around vehicles

• Always walk around your vehicle and check the area around it before backing up.

• Be aware of small children-the smaller a child, the more likely it is you will not see them.

• Teach children to move away from a vehicle when a driver gets in it or if the car is started.

• Have children in the area stand to the side of the driveway or sidewalk so you can see them as you are backing out of a driveway or parking space.

• Make sure to look behind you while backing up slowly in case a child dashes behind your vehicle unexpectedly.

• Take extra care if you drive a large vehicle because they are likely to have bigger blind zones. Roll down your windows while backing out of your driveway or parking space so that you’ll be able to hear what is happening outside of your vehicle.

• Teach your children to keep their toys and bikes out of the driveway.

• Because kids can move unpredictably, you should actively check your mirrors while backing up.

• Many cars are equipped with detection devices like backup cameras or warning sounds, but they cannot take the place of you actively walking around your car to make sure your children are safely out of the way. Do not rely solely on these devices to detect what’s behind your vehicle.

For these and other important safety information visit the website of the experienced Nashville automobile accident lawyers at Phillip Miller & Associates, or call 615-356-2000.

They Don't Mix

Lebanon Tennessee police believe that speeding and alcohol were the cause of a terrible wreck the other day that took the life of a man and his 4-year-old grandson. According to police and media reports, a drunk female in a pickup truck was driving at a high rate of speed inside city limits when she lost control and slammed into several other vehicles leading to injury and death for the drivers and passengers.

Drunk driving is one of America’s deadliest crimes. In Tennessee in 2008, 327 people were killed in crashes where the driver or motorcyclist had a blood alcohol concentration (BAC) of .08 or higher. That is down from 377 people killed in 2007 with a BAC of .08 or higher. Over the 2008 Labor Day holiday, 12 people were killed in 10 fatal crashes on Tennessee roadways, down from 17 people killed on Tennessee roadways in 2007.

Alcohol was a factor in 10,839 highway deaths in 2009. In the past two decades, it accounted for 268,442 deaths. And 10 percent of people in the United States recently admitted to being drunk behind the wheel in the past year, a poll found.

For this and other Tennessee automobile safety tips visit the web site of the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find lot’s of good information to help you remain a safe driver.

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.

Fatal Head-On Collision

A pregnant Nashville woman involved in a head-on collision has lost her baby after the car crash. According to a report filed by traffic investigators from the Nashville police department, the collision happened when the driver of a Cadillac going the other direction swerved out of his lane to avoid a collision with another vehicle.

According to local media reports the woman was transported with life-threatening injuries and medical personnel delivered the fetus by cesarean section but it did not survive. According to the media report the police don’t expect to file charges against the man in the Cadillac. My prayers go out to the family and friends of this woman, and for her we pray that she will have a speedy and complete recovery.

There are several driving events that require intense concentration by the driver. A driver must always be on the defensive—thinking about what other drivers might do AND be prepared to respond with proper reactions. In addition, certain conditions, especially bad weather, trigger the need for special knowledge and skills.

Avoiding collisions: In the case of a crash, you may avoid it or reduce the impact by being alert to these options;

• Stop

• Turn

• Speed Up

Never, I repeat never, swerve into an oncoming lane. If you or a loved one is injured or killed in a serious Nashville automobile accident, you owe it to your self to consult with an experienced and certified civil trial lawyer like those you will find at Phillip Miller & Associates. Call 615-356-2000.

An Avoidable Child Death

There is more information left out of the media report on the death of a 6-year-old then there is in it. I wish reporters would spend a minute and learn the right questions to ask so that readers could understand what happened and how the incident applies to their own driving habits.

The best I can make out is that a 21-year-old driver with two children in his car, one was 6 and the other 3. The driver was speeding and drove through a radar trap, but instead of stopping he attempted to flee. He made a quick turn and lost control, left the road and hit a tree. The police officer was not in pursuit.

The 6-year-old was pronounced at the hospital and the driver and the other child were listed in satisfactory condition. One very important fact that was surely available if the reporter had asked , was whether the children were in properly installed child safety seats.

Motor vehicle crashes are the leading cause of death to children ages 2 to 14 and the leading cause of injury-related death for children under 2. When installed and used correctly, child safety seats and safety belts can prevent injuries and save lives. Young children restrained in child safety seats have an 80 percent lower risk of fatal injury than those who are unrestrained.

Child safety seats reduce fatal injury by 71 percent for infants (less than 1 year old) and by 54 percent for toddlers (1 to 4 years old) in passenger cars. Young children restrained in child safety seats have an 80 percent lower risk of fatal injury than those who are unrestrained.

If you are a loved one are injured or killed in a Tennessee motor vehicle accident caused by a negligent driver, contact the experienced Nashville auto accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Child Fatality

It’s always a tragedy when a person is killed in a Tennessee automobile accident, but when the victim is a child, and the parent is the cause of the accident the sadness is multiplied.  In 2008, a total of 1,347 children age 14 and younger were killed in motor vehicle accidents. A little girl from Tellico Plains was killed in an accident that happened while her dad was driving her to school.

According to local media, investigators believe the girl’s father swerved to avoid a vehicle that had stopped to turn left. He swerved into the other lane of traffic and hit a car driven by a 16-year-old-girl. The father and two other children were injured and taken to a local hospital. There is no information as to whether the deceased child was wearing a seat belt.

One of the main jobs of an experienced Nashville automobile accident lawyer is to determine exactly what caused a collision. The focus of this investigation will be to determine liability (fault) so that a case can proceed to a remedy. For the most part an investigation can find the cause but other times the question why families lost members can never be answered.

The father here was obviously not looking out ahead of his vehicle or he would have seen the stopped vehicle and been able to slow down and avoid this collision. Investigators will want to find out just what he was doing that had his attention and his eyes away from where they should be.

Distraction from the primary task of driving could, as the case here, presents a serious and potentially deadly danger. There has been increased attention on the danger of distracted driving recently, specifically on the dangers of cell phone use and texting while driving. Other secondary task involvement includes eating, drinking, conversing with passengers, as well as interaction with in vehicle technologies and portable electronic devices.

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 find out about your rights and remedies.

Fatal SUV Crash

I don’t have enough facts to report what it was that caused a 23-year-old Scott County woman to veer off of the road hit a guardrail, cross the highway and then sail 200 feet down an embankment. The result was that her 5-year-old daughter died in the crash. It is beyond question that something distracted her from the task at hand. Whatever it was during the seconds before she left the road, this young woman will have plenty of time to think about it.

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 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.

Fatal Tennessee Child Fatality

It may sound like a one time event when a wife jumps out of a tractor-trailer as it rolls down an interstate highway and gets run over by the trailer wheels. But, an Arkansas highway fatality involving a Tennessee married couple is the second such fatal accident, with these very same facts, that I have reported on this year.

According to local media reports a 45-year-old woman was riding with her husband when she opened the door of the truck’s cab and jumped out. Accident investigators are investigating the circumstances surrounding the why and the how of her death.

In another tragic Tennessee highway fatality a Chattanooga man is charged with vehicular homicide after his one-year-old baby son died of head injuries following a high speed loss of control accident. The child was not secured in a child safety seat when the speeding vehicle went out of control, flipped over and crashed into an embankment.

The use of safety belts, child restraint safety seats and child booster seats, is required by Tennessee law. They can help save you and your passengers’ lives in the event of a traffic crash.

If you or a loved one is injured or killed in a Tennessee automobile accident contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Roadway Departure Crash

Experienced Tennessee automobile accident lawyers agree that 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. While these numbers are signi!cant, they may not state the true size of the problem, since the identification of distraction and its role in the crash by law enforcement can be very difficult.

We may never learn the reason Jeffrey Knight, age, 40, became distracted and left the road, crossed the median and crashed head-on with another vehicle causing the death of 21-year-old Brittany Thomas and her 10-month-old son. Whatever the distraction, finding out will be little consolation to the family and friends of this young mother and her child. My prayers go out to the loved ones who have sustained such and indescribable loss.

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. Each of these accidents had the potential to have taken numerous other lives but somehow that didn’t happen

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. FHWA uses the Fatal Analysis Reporting System (FARS) compiled by the National Highway Traffic Safety Administration to compute statistics on roadway departure crashes.

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.