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.

Drunk Driving Makes You Stupid

As an experienced Nashville automobile accident attorney I can tell you for a certainty that when it comes to drinking and driving,  that stupid is as stupid does. First of all, for people who haven’t been paying attention, it’s really stupid to get behind the wheel when you have been consuming alcohol. It’s stupid to get behind the wheel under the influence and speed. And stupider and stupider, when you get behind the wheel drunk and speed and have sex all at the same time.

Reference an article on the web page of Nashville WSMV TV. A couple had been out on the town, took drunk and came to the conclusion that it might be a good idea to engage in sex while they sped along into the night. Unfortunately the driver got somewhat distracted and left the road and rammed, at high speed, into a house.

The collision literally tore the kitchen off of the house. The homeowners and the driver lucked out. Only moments before the climax they had been sitting in the kitchen talking. Had they not moved to the living room they would have been killed and Loverboy and his princess would have been looking at some serious prison time.

The article went on to say that the driver’s blood alcohol level was double the legal limit. He told officers that he lost his concentration while having sexual relations with the woman in his truck while he was driving.

If you are the victim of a Nashville or Tennessee automobile accident we urge you to contact our car accident attorneys today for a free consultation. When you hire an auto accident attorney from Phillip Miller & Associates, you’re getting a 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.

Put The Phone Down

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.

They seem so convenient, it’s so tempting to just pick it up and reach out to someone, but the facts speak for themselves. When you talk on the cell phone while driving you are putting yourself and others around you in danger of injury or death. I urge you to think about these facts when you pick up that phone. Keep your eyes on your driving and your hands on the wheel. Stay alive and don’t kill a stranger.

If you or a loved one is killed or injured in a Nashville automobile accident by a distracted driver talking on the cell phone, act quickly and contact an experienced Tennessee personal injury lawyer to handle your case. Contact Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Distracted Driving Fatlities

Any experienced Tennessee auto accident lawyer will tell you that U.S. Highway 43 in Lauderdale County Alabama just South of the Tennessee line is a deadly strip of highway. Between Friday January 29 and February 2 four people died and several others were seriously injured on a three mile strip of this road. Another accident during that same period that did not result in a fatality mirrored the latest fatal accident.

A 51-year-old Tennessee man was driving North on U.S. 43 when for no apparent reason he veered across the centerline and smashed into a Tractor-trailer truck heading the other direction. He was dead at the scene. The truck driver was not injured. In the earlier non-fatal accident the same thing happened, a driver spilled coffee on his lap and his cup tipped over on the floor of the car. He was distracted and reached to pick it up and in a second or two he drove across the centerline and struck a tractor-trailer.

What could have caused the distraction in this tragic accident? Investigators will inspect the car for signs of alcohol or drugs. They will retrace his steps to determine whether he had been drinking or had been having trouble sleeping and became drowsy. They will look at his cell phone records to determine whether he was using his phone to talk or text. Doctors will probably conduct an autopsy to determine whether he suffered a medical emergency that made it impossible to keep control of his car.

Driver inattention is the leading factor in most crashes and near-crashes, according to a landmark research report released today by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI). 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 by a distracted or drunk driver you owe it to yourself to contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and take advantage of a free consultation to determine your rights and remedies,

Teach Your Children Well

In 2008, 125 families buried a teenager following a crash on a Tennessee roadway. October 26 – 31 is National Teen Driver Safety Week and the Governor’s Highway Safety Office is working to save the lives of teens by asking Tennesseans to step up and talk to teens about important issues like wearing a safety belt, avoiding distracted driving and discouraging underage drinking.

“Traffic crashes are the leading cause of death for teens in America and it is up to all of us to work to reverse this trend,” said TDOT Commissioner Gerald Nicely. “TDOT and the Governor’s Highway Safety Office are out in schools talking to teens about safe driving practices and these efforts are working and saving lives, but we need parents and friends to do their part and talk with teens about safety behind the wheel.”

In 2006, 185 teens died on Tennessee roadways. In 2007, that number was reduced to 168 and dropped to 125 in 2008. Still, mile for mile, teenagers are involved in three times as many fatal crashes as all other drivers.

Several initiatives have been forged to battle these senseless losses. Between the Barrels,Thinkfast® Alcohol Awareness Interactive Game Show, the ‘Tennessee Secondary Schools Athletic Associations (TSSAA) DUI Highway Safety Education Team presentations, the Blake McMeans’ Alive to Tell the Story, the Ford Motor Company Fund’s Driving Skills for Life, and an annual Lead and Live Youth Conference are all projects conducted in Tennessee to educate teens.

TDOT’s Between the Barrels delivers a powerful message about the importance of safe driving, especially in highway work zones, to thousands of Tennessee high school students each year. Thinkfast® combats underage drinking and drug abuse through hundreds of events annually for high school and college students. TSSAA’s Stephen Bargatze uses magic to get the attention of the students and discuss highway safety issues with them, while Blake McMeans travels the state sharing his story with high school and college students about how drinking and driving changed his life forever. Ford’s Driving Skills for Life teaches newly licensed teens about vehicle handling, speed management and space management and the Lead and Live Youth Conference is held annually to focus on numerous driver safety issues.

“It is the mission of the Governor’s Highway Safety Office to keep families safe on Tennessee’s roadways,” said Director Kendell Poole, GHSO. “It’s a big job and it’s going to take the entire community – parents, teachers, neighbors, friends and teens themselves – working together to drive the message home to ensure the health and safety of all Tennessee teens.”

Teens should avoid alcohol and parents should never promote underage drinking. Underage drinking is against the law and comes with adult consequences. Teens also need to remember whether driving across town or just around the corner, wearing a seat belt is the best protection from severe injury or even death in the event of a traffic crash. It’s also the law in Tennessee. Wearing a seat belt costs nothing, but not wearing one can cost a life. Also, TDOT reminds teens and all drivers that distracted driving, like texting while driving, is a dangerous practice. Texting may be a convenient way to communicate but it can be deadly when done from behind the wheel of a vehicle. Texting while driving is also against the law in Tennessee.

The Nashville staff and attorneys at Phillip Miller & Associates urges all adults to be mentors and good examples to teens. Remember, they learn from us and that means the bad habits as well as the good.

If you or a loved one is involved in an Nashville automobile accident involving a teen driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out out about your rights and remedies.

Avoid Distractions

As an experienced Nashville automobile accident attorney I am always stunned when I read of an accident in which a vehicle rams into the rear-end of a highway maintenance truck operating with it’s emergency flashers on such as one that occurred yesterday on I-65 at Wedgewood Ave. According to the iten on the web site of WMCTV News Channel 5, an ambulance traveling with a non-emergency patient on I-65 ran into the rear-end of a TDOT truck painting lines on the highway.The ambulance driver and the patient, 78-year old patient Sue Bly died and the attending paramedic was seriously injured.

My question, and I’m sure one that is going to be asked by the attorney for the estate of Ms. Bly is, what was going on with the driver that caused him to change lanes and ram into this other vehicle. Investigators will be looking into whether the driver had some medical emergency that caused him to lose control of the ambulance, or whether he was somehow distracted by something like a cell phone or radio, or other on-board electronic device or whether he was texting at the time and had diverted his eyes form the road.

High-profile crashes and tremendous media coverage have dramatically increased the interest in distracted driving, particularly crashes involving cell phone use and texting. The Governors Highway Safety Association (GHSA) recognizes that all cell phone use and texting while driving are extremely dangerous and, therefore, strongly discourages anyone from using a cell phone for any purpose while driving. Drivers need to focus on the driving task and restore some common sense to driving.

The Tennessee Department of Transportation suggests the following guidelines when you enter a construction zone:

* Slow down! Drive within the posted speed limits, which are usually reduced in work zones. If you don’t, you’ll pay the price.

* Don’t tailgate! Most work zone accidents are caused by rear-end collisions.

* Eliminate distractions! Put down the cell phone; leave the radio dial alone. This is not the time to look for a new CD!

* Keep your ears open! Do not wear earphones while driving.

*Merge early! You can be ticketed and the cause of an accident for being a last chance merger.

* Watch for flaggers! Follow their signals, and don’t change lanes within the work zone unless instructed to do so.

* Expect the unexpected! Work zones change constantly.

* Turn your lights on before you enter the zone! Turn on your vehicle’s headlights to become more visible to workers and other motorists.

* Stay calm! Remember the work zone crew members are working to improve your future ride.

If you or a loved one is injured in a Nashville car accident by a distracted driver or by a driver acting negligently in a highway construction zone contact the experienced Nashville autobobile accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies.

Distracted Driving Kills

Transportation Secretary Ray LaHood challenged over 250 safety experts, industry representatives, elected officials and members of the public to help put an end to distracted driving.  The Secretary’s speech was the keynote to a two-day Distracted Driving Summit in Washington, DC that will highlight the under-recognized dangers of distracted behavior behind the wheel.

“Every single time someone takes their eyes or their focus off the road – even for just a few seconds – they put their lives and the lives of others in danger,” said Secretary LaHood. “Distracted driving is unsafe, irresponsible and in a split second, its consequences can be devastating.”

Across the board, federal researchers who have directly observed drivers of all ages found that more and more people are using a variety of hand-held devices while driving – not just cell phones, but also iPods, video games, Blackberrys and GPS systems.  In particular, cell phone use for talking and texting is now more prevalent on our nation’s roads, rail systems and waterways, carrying a dangerous potential for accidents.

Cell phones and texting are now the primary means of communication for many people, especially young adults.  NHTSA’s research shows that the worst offenders are the youngest drivers: men and women under 20 years of age. ”We now know that the worst offenders are the youngest, least experienced drivers,” said Secretary LaHood.  “Unfortunately though, the problem doesn’t end there.  Distracted driving occurs across all age groups and all modes of transportation, from cars to buses and trucks to trains. We must work together to find solutions that will prevent crashes caused by driver distraction.”

If you or a loved one is injured in a Nashville car accident by a distracted driver contact Phillip Miller & Associates and let our experiences accident attorney’s fill you in on your rights and remedies.