Night Driving Accident

As an experienced Tennessee automobile accident attorney I can tell you for a certainty that driving at night takes a whole different set of skills and requires a whole different outlook on driving. Reference a weekend accident in which a tractor-trailer driving along an interstate at night came upon a van experiencing mechanical problems and driving slower than the posted minimum speed limit, and rammed into the van killing a passenger.

When driving at night the distance you can see is greatly reduced. The chances of a serious crash are much greater at night, even with less traffic. Drive slowly and never outrun your headlights. Adjust speed so you can stop within the distance you can see. Look for dark shapes on the road. Avoid looking directly into oncoming headlights, as this can cause momentary blindness from the glare. Always dim headlights at night when meeting or overtaking vehicles within 500 feet.

According to local media sources the truck driver said that he didn’t see the vehicle until it was in his headlights and it was too close to stop. This driver has some serious questions to answer. Investigators will be looking at the skid and tire marks on the road, the drivers log book to determine if he was driving drowsy and any and all electronic devices in his possession to see if he was distracted and not keeping a proper lookout.

If you or someone you love has been hurt in a serious Tennessee car accident due to somebody else’s negligence, then you may be feeling angry, frightened, or even alone in your suffering.

There is no reason for you to bear your burden alone.  The experience of a Tennessee auto accident is traumatic enough and your recovery will bring its own challenges.  You don’t need the added stress of worrying about who will pay for the medical care you need, how your car will be repaired, and if the individuals responsible for your suffering will be brought to justice.  This is the time to call Phillip Miller & Associates, the law firm of local Tennessee attorneys and staff who for the past 25 years have dedicated their lives to protecting the rights of injured men, women, and children in Tennessee.

Failur To Yield

According to the Tennessee Rules of the Road when a vehicle is turning across oncoming traffic that driver must yield to oncoming traffic before turning.   Reference a recent traffic accident in Sullivan County Tennessee in which a local judge was attempting to make a left turn into a Burger Chef restaurant. He didn’t see an oncoming which T-boned him causing his vehicle to overturn. The judge was hospitalized with non-life threatening injuries and was ticketed for failure to yield the right of way.

Before a driver turns across traffic it is his/her duty to make sure that the coast is clear. Investigators here will have to determine why the Judge failed to see the oncoming car. Was he distracted by something? Was he using his cell phone as he turned?

If you or someone you love has been hurt in a serious Tennessee car accident due to somebody else’s negligence, then you may be feeling angry, frightened, or even alone in your suffering.

There is no reason for you to bear your burden alone.  The experience of a Tennessee auto accident is traumatic enough and your recovery will bring its own challenges.  You don’t need the added stress of worrying about who will pay for the medical care you need, how your car will be repaired, and if the individuals responsible for your suffering will be brought to justice.  This is the time to call Phillip Miller & Associates, the law firm of local Tennessee attorneys and staff who for the past 25 years have dedicated their lives to protecting the rights of injured men, women, and children in Tennessee.

Speed, Distractions?

A Monroe County woman was killed this past weekend when the car she was driving rounded a curve and began to slid across the road striking a boulder. Neither she nor her nine-year-old passenger were wearing seat belts at the time of the crash. It’s hard to say what caused the driver to lose control of the car, she might have been distracted, she might have been going too fast for the conditions, or she might have had faulty equipment such as bald tires. It’s not hard to say what caused her fatality and the injuries to the child, and that is that they were not wearing seatbelts.

Speeding is one of the most prevalent factors contributing to traffic crashes. The economic cost of speed-related crashes is estimated to be in excess of $40.4 billion per year. In 2007, speeding was a contributing factor in 31 percent of all fatal crashes, and 13,040 lives were lost in speeding-related crashes. The total economic cost of crashes was estimated at $230.6 billion in 2000.

As an experienced Nashville automobile accident attorney I am acutely aware that 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 speeding or distracted driver contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates and find out about your rights.

Roadway Departure Crash

In March media sources all over the country covered the tragic tractor-trailer roadway departure crash in Kentucky that took the lives of eleven people. A report yesterday by the Kentucky State Police said that an Alabama truck driver who caused the collision was on his cell phone sending and receiving calls leading up to the crash.

The report also says that the Jasper, Alabama driver was driving in excess of the 70 mph speed limit and did not have his tractor-trailer under control when he crossed the median on March 26 and struck a van carrying Mennonites to a wedding in Iowa.

The Federal Motor Carrier Safety Administration, which oversees the trucking industry, gave Hester Inc. a driver safety evaluation area of 88.4 in February, based on inspections of the company’s 30 drivers during the past 30 months. The agency uses a scale of 1 to 100, with 100 being the worst score. The company was not considered deficient in other areas, so the agency had not targeted it for a compliance review.

Federal records show the agency has conducted 194 driver inspections on Hester drivers in the 30 months before the wreck. Those inspections resulted in 21 drivers being taken out of service for log book violations, exceeding the 11-hour driving limit or the 14-hour on duty limit.

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.

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.

If you or a loved one is injured or killed in a Tennessee car crash caused by a distracted driver or a case like the present one that will require an experienced Tennessee automobile/tractor-trailer accident lawyer contact the lawyers at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

Teen Texting And Cell Phone Restrictions

As an experienced Tennessee auto accident attorney, I join with Secretary LaHood in his praise of these two Governors. In a press release last week U.S. Transportation Secretary Ray LaHood applauded Kentucky Governor Steve Beshear and Nebraska Governor Dave Heineman for signing anti-texting-while-driving bills into law for all drivers in their states. In Kentucky, the new law also prohibits drivers under 18 from using cell phones behind the wheel at any time. In Nebraska, state law already forbids teen drivers with provisional licenses, learner’s permits or school permits from texting or talking on cell phones.

“The streets in Kentucky and Nebraska will be safer with these laws on the books,” said Secretary LaHood. “Distracted driving is an epidemic that kills thousands and injures hundreds of thousands more every year. Drivers should always devote their full attention to the road, not to texting and talking on a cell phone.”

Earlier this week, Nebraska became the 22nd state to ban texting for all drivers. Under the ban, texting while driving is a secondary offense which allows law enforcement officials to ticket drivers if they are pulled over for another offense.

Kentucky is the 23rd state to ban texting for all drivers. The new law prohibits texting while driving for drivers of all ages, except in the case of an emergency. The law is stricter for drivers under 18, who may not text or talk on cell phones behind the wheel.

Research compiled by the National Highway Traffic Safety Administration attributed an estimated 6,000 deaths and half-a-million injuries to distracted driving in 2008 alone. Last week, Secretary LaHood launched pilot programs in New York and Connecticut as part of a “Phone in One Hand. Ticket in the Other.” campaign to study whether increased enforcement and public awareness can reduce distracted driving behavior.

For information about texting and cell phone laws in Tennessee contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates at our web site www.seriousinjury.com.

As an experienced Nashville auto accident lawyer I regularly write about distractions that result in fatalities. In many of these fatal accidents the culprit is a cell phone. Studies show that a person talking on a cell phone, whether hands on or hands free, are as impaired as a driver who is above the legal level for drunk driving.

Reference a tragic fatal accident reported in this morning’s edition of the Memphis Commercial-Appeal. A 31-year-old man survived a roadway departure crash which occurred when he left the road, hit a concrete culvert and flipped several times before landing, up side down in the middle of the highway.

After extricating himself from the wrecked vehicle he was using his cell phone to call for assistance. He was obviously distracted while talking to emergency responders and walked out into the roadway where he was struck and killed by an SUV. An autopsy will be performed to determine whether alcohol was involved in this death.

This situation brings up several important topics. The first topic for investigators to explore is what caused the initial wreck. Was he drinking? Was he speeding? Was he distracted by something and took his eyes off of the road? Since it very early morning, had he been out all night and fell asleep at the wheel?

The final results of this investigation may mean little to the family and friends of this man. My prayers go out to them. But what is the message for the rest of us? The answer is, when we are behind the wheel of a motor vehicle we have to be alert and in a fit condition and up to the task.

If you or a loved one is injured or killed in a Tennessee car crash caused by a distracted or drunk driver, act quickly and call the experienced Tennessee automobile accident attorneys at Phillip Miller & Associates

Cell Phone Distration Is Fatal

and let them work with you through the process of securing compensation for your injuries and other damages.

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,