Distracted Driver - No Seat Belts - Fatal Result

As an experienced Tennessee automobile accident attorney it would be hard to argue that a 22-year-old Kentucky man, recently killed in a car accident, was paying attention to his driving. The facts are simple, the young man was on his way to work when he crossed into oncoming traffic and was hit by a truck. As the result of that collision he was ejected from his car and run down by another passing car and killed.

It would be hard to argue that he was paying attention when he got into his car that fateful morning, started the car and drove off without fastening his seat belt. Had he been wearing his seat belt when he was hit by the initial truck he might well have survived, but alas, he didn’t and he was ejected from his vehicle and hit by a third vehicle.

So many questions remain for his family and friends. What was he doing that distracted him from seeing an oncoming truck? He couldn’t have been paying attention or he wouldn’t have pulled directly into the path of the truck. Was it his cell phone, was he texting, adjusting the radio of GPS, or was he simply daydreaming? Why wasn’t he wearing his seat belt?

Statistics show that nearly 80 percent of crashes and 65 percent of near-crashes involve 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 you owe it to your family to contact the experienced Tennessee automobile accident lawyers at Phillip Miller & Associates. Take advantage of a free consultation to find out everything you need to know to make a successful claim for damages.

One Second Of Distraction Can Mean Death

I don’t know the 53-year-old Spring Hill, Tennessee man who died when his pickup truck crossed into an oncoming lane and smashed head-on into a dump truck, so I’ll have to make some assumptions about what causes a presumably sane person, to take such an action. As a Tennessee automobile accident attorney I am finding it hard to believe, but the fact is, that distracted driving accidents like this have become almost a daily occurrence in The Volunteer State.

When we examine the usual cause of these types of collisions the leading factor is distraction. The driver was doing something that caused him to take his eyes off of the road ahead and allowed him to drift into oncoming traffic.

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. The lesson here for all Tennessee drivers is that we must avoid distractions. It only takes a moment of inattention to take a vehicle across the center-line and into oncoming traffic.

If you or a loved one is injured or killed in a Tennessee automobile accident by a distracted driver, contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and find out 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.

Distracted or Drunk?

Police and Firefighters gathered at a Firehouse for an emergency response meeting said that a recent Tennessee head-on collision in Mount Carmel, Tennessee jarred the building and was the worst head-on collision they had ever seen. As an experienced Tennessee automobile accident attorney I have never seen a good head-on collision but inthis one the result was fatal for Patricia Menzel age-49.

According to the accident report and a report in the Kingsport Times-News, Ms. Menzel was driving along minding her own business when a car driven by Carol-Anne Starnes, age 25, traveling in the opposite direction, crossed the centerline and smashed head-on in the Menzel vehicle. Ms. Menzel was killed and Ms. Starnes is listed in good condition. My prayers go out to the family and friends of Ms. Menzel and Ms. Starnes, who has a lot of explaining to do.

What is it that makes a driver simply veer across the centerline and directly into an oncoming vehicle? Although the article does mention that charges are pending the result of the investigation, the article doesn’t mention whether Ms. Starnes had been consuming drugs or alcohol or she was simply distracted and took her eyes off of the road.

Distraction from the primary task of driving can 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  the distraction and its role in the crash by law enforcement can be very difficult. One recent study concluded that eighty percent of all automobile accidents are caused by distracted drivers. One main distraction is a cell phone and investigators will be able to determine from phone records whether Ms. Starnes was using her cell phone or texting at or near the time of the crash.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a drunk or distracted driver you owe it to yourself to contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies.

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.