Roadway Departure Epidemic

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.

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 significant, 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.

Something distracted 25-year-old Jeremy Black in a one vehicle accident that left three passengers injured. He was driving along in his SUV when he drove off of the roadway on the left side and hit a tree. None of the three passengers who were injured were wearing their seat belts.

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.

Roadway Departure Fatality

Melissa Frederick was 33 years and fifteen minutes old when her life ended. We will probably never know just what it was that caused her to leave the interstate roadway, hit a guardrail, get ejected and then crushed by her vehicle.

As an experienced Nashville automobile accident attorney I know that the investigators will conduct toxicology tests to determine if she had ingested any drugs or alcohol, they will check her cell phone records to determine whether she was talking or texting at the time she left the road, but whatever the results, the bottom line is that a young Tennessee woman is now dead, another highway fatality statistic. My prayers and sympathy go out to her family and friends.

I write about this tragedy in the hopes that others who read it will learn something from this fatal Tennessee car crash. The use of seat belts is required by Tennessee law. Seatbelts can help save you and your passenger’s lives in the event of a traffic crash. The THP investigator noted in his report that Ms. Frederick was not wearing her seatbelt and was ejected and crushed by her own vehicle.

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.

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.

Dead Because The other Driver Was Chatting

On February 11, I published a blog entitled “Tennessee Automobile Accident Lawyer Comments On a Centerline Crossing Tennessee Highway Fatality”, in which I asked the question, “What causes a driver to leave their lane, cross over the centerline and crash head-on into an oncoming vehicle killing the occupant?”

Now we have the answer. Police investigators determined that the distracted driver Carol Anne Starnes was using her cell phone at the time of the crash and was not paying attention. 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.

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.

Not only will Ms. Starnes be held liable for civil damages for the wrongful death of Patricia Menzel she may well face criminally negligent homicide charges as well, and for what, so she could chat with her friends?

I advise people that before putting the key in the ignition, stop for a moment and remind your self that you are getting behind the wheel of a potentially deadly weapon and that if you want to arrive at your destination alive or without killing others, use common sense and avoid distractions. If you or a loved one is injured in a Tennessee car accident caused by a distracted driver, call one of our experienced Nashville car accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies.

Drunk? Distracted? Does It Matter?

As an experienced Nashville automobile personal injury attorney I have reviewed thousands of Tennessee automobile accidents with, hopefully, an objective eye, looking to find the cause of the crash and setting about creating a plan to secure compensation for the victims. It’s not that I’ve become harden to the suffering, quite the contrary, I see very clearly the pain and suffering that follows such a tragic event.

A recent report of a Tennessee fatal automobile accident, unlike many others, has left me somewhat perplexed. It’s been on my desk for a week or so and I have thought about moving on and not using it in my Blog, “The Tennessee Auto Accident Attorney”, but the facts still haunt me.

The original story came from the web site of WBIR TV in Knoxville, Tennessee and it is short on facts, but in a nutshell, a 34-year-old man is heading south on a highway at a high rate of speed around midnight. The driver crossed the double yellow line and hit another car head-on. The driver of the other car and one of her passengers died at the scene and two othe passenger were life-flighted to the University of Tennessee Medical Center in serious condition. My sympathy goes out to the family and friends of the deceased and my wishes for a speedy and complete recovery go to those who were injured.

In all three people lost their lives and I can’t seem to get the question, why did this happen, out of my mind. An autopsy of the 34-year-old- driver will show whether he had consumed drugs or alcohol, interviews with his friends and family might shed light on whether this was a suicide, a review of his cell phone records will show whether he was distracted using his cell phone, but whatever the reason, this incident goes along way to illustrating the point that driving under the influence or in a distracted state, in just the blink of an eye can take the life of a human being. It only takes a second of distraction to weave into the other lane or off of the roadway and into stationary objects.

The lesson here, for those of us who survived this tragic accident, is to avoid distractions and never get behind the wheel if you have been drinking. If you or a loved one is injured or killed in a Tennessee automobile accident involving a drunk or distracted driver you owe it to yourself and your family to contact the experienced Tennessee automobile accident lawyers at Phillip Miller & Associates and learn 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.

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 Drivers

As an experienced Nashville automobile accident attorney I’ve seen all sorts of odd things but a recent automobile accident in Lauderdale County Alabama is an interesting case in point. Usually when a drunk tractor-trailer driver and a mini-SUV get together  you can pretty well count on  the drunk driver being at fault. Not the case here. A man driving a mini-SUV heading was heading south on US 43 when he suddenly veered across the center=line and clipped a tractor-trailer carrying large coils of steel.

The tractor-trailer driver veered to avoid the collision, then lost control, left the road and plunged down a 150 foot embankment. What causes a man to suddenly veer across the road, out of control, and smack another vehicle? Witnesses told investigators that the SUV driver told them that he had spilled coffee and when he reached for the fallen cup, he took his eyes off the road and lost control. This driver took his eyes and his mind off of the road and nearly killed himself and another because he momentarily took his eyes and his mind off the road.

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.

Distraction from the primary task of driving could present 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 invehicle technologies and portable electronic devices. Greater sophistication in these technologies may present greater physical and cognitive challenges for drivers than traditional information sources. Less obvious forms of cognitive distractions such as daydreaming or dealing with strong emotions also present potentially dangerous situations for drivers.

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

Electronic Devices: Helpful Or Dangerous

These days, people are bombarded with new electronic devices that can help accomplish more in less time. With Tennessee drivers spending an average of about one hour and 15 minutes in their vehicles every day, unfortunately, other activities, from talking on a cell phone,  or the kids in the backseat, to eating dinner, often take place behind the wheel.

Highway safety 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 crashes head-on into 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 in this Tennessee automobile accident is alive to question.

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.

Distractions Kill

In my Blog “The Tennessee Auto Accident Attorney” I focus a lot of attention on car accidents in Tennessee and contiguous states. My purpose is to illustrate the kinds of things that cause these accidents so that my readers can be made aware and practice safe driving. One of the main topics of discussion by Tennessee automobile accident attorney’s and other transportation professionals is the growing danger of distracted driving.

A recent article on the web site of WVLT TV in Knoxville reports that a Roane County man was killed in an automobile accident in Morgan County. The Tennessee Highway Patrol report says that Glenn D. Miller was driving along the roadway when his car suddenly veered off the right side of the road. Apparently, in an effort to avoid a wreck, Mr. Miller overcorrected and crossed both lanes of traffic, left the road, hit a pole and ended up in a ditch. My sympathies go out to his family and friends.

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. We will probably never know the cause of the distraction in this situation, but this case illustrates that a distraction can cause an accident even if it takes just one or two seconds.

As an experienced Nashville automobile accident attorney I can tell you 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 Nashville automobile accident, personal injury law firm of Phillip Miller & Associates is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

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.