Only As Safe As The Driver

The first question that came to mind when I read the local media report describing the rear-end wreck on the New York Thruway involving a tractor-trailer that was struck from behind by a Trailways commercial bus, was what in the world was the commercial bus driver doing that prevented him from seeing the truck in front of him.

Since the bus company didn’t return calls to the media outlet and share their side of the story (probably a wise move) we don’t know whether the driver was distracted, had some sort of a medical emergency or fell asleep at the wheel. Fortunately for the passengers, the driver, the trucker and the bus company, no one was seriously injured but the passenger did have to be extricated from the bus with power tools.

I have some advice that I would like to share with the families of those who are injured or killed in Tennessee by a negligent commercial bus driver. For a bus company whose vehicles travel millions of miles per year, accidents are an everyday occurrence. Commercial transportation companies have gotten this process down to a science and in many cases have specialized accident investigators at the scene of an accident interviewing the bus driver even before he/she talks to the police investigation.

What does this mean to you if you or a family member are the victim of a Tennessee commercial transportation accident and suffer a serious or life threatening injury?  It means that the bus company has a huge advantage in investigating the cause of the accident and developing a strategy for its defense to any claim that arises. During one of these situations evidence can disappear and negligent drivers can be coached on what to say to police investigators. The bus company has the benefit of an expert that was actually at the accident scene. This may not be possible for the victim since injuries are usually severe in nature. Needless to say it is important to act quickly so that an expert can examine the evidence on your behalf.

Time is of the essence in these types of cases. Although most cases can be reconstructed at a later time it is important to have someone looking out for your best interests as soon as possible. That’s why it’s important to contact an experienced Tennessee bus accident lawyer like those you will find at Phillip Miller & Associates. If you or a loved one is injured in a car/bus accident act quickly and take advantage of a no-cost no-obligation consultation and learn about your rights and put our crack team of lawyers and investigators on the case.

Asleep at Sixty Thousand Pounds

As an experienced Tennessee tractor-trailer accident lawyer I am regularly called upon to look at the facts surrounding truck accidents in and around the Volunteer state. To actually determine the cause of an accident many factors have to be studied. There are some things that can be inferred from the circumstances leading up to a crash. Reference a recent Tennessee interstate highway accident involving two tractor-trailers.

Two trucks are traveling west on I-40 in Roane County in east Tennessee when the following truck simply rams into the rear-end of the leading truck. The following truck burst into flames and the driver was killed. The leading truck was damaged and it’s driver was injured. Her condition is not known at this time.

The first question the investigators will have to answer is, what was the following driver doing moments before and at the time of the collision? My experience tells me that the following driver had fallen asleep at the wheel, or had suffered some sort of medical emergency. An autopsy will possibly be able to tell whether the driver suffered a heart attack or stoke.

The National Highway Traffic Safety Administration (NHTSA) estimates conservatively that each year drowsy driving “is responsible for at least 100,000 automobile crashes, 71,000 injuries, and 1,550 fatalities.” But among all the major factors that cause or contribute to crashes, like speeding, alcohol use, and weather situations, drowsiness is the most difficult for police and other crash investigators to detect and quantify.

It’s nearly impossible to determine with certainty the cause of a fatal crash where drowsy driving is suspected. However, there are a number of clues at a crash scene that tell investigators that the person fell asleep at the wheel.

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.

Doitracted With No Seat Belts

As an experienced Tennessee automobile accident attorney I find it hard to believe that Tennesseans still get into an automobile and fail to secure their safety seat belts. I mean this isn’t rocket science and it’s not like they don’t know that it’s a deadly mistake.

Reference an automobile accident in Missouri involving a Tennessee man who was driving along I-55 in Eastern Missouri. According to local news media the driver lost control of his SUV, left the highway and slammed into a bridge support.

The accident raises three issues this unfortunate man’s family and friends will ponder for some time. What caused him to drift off of the interstate in the first place and hit the bridge, and why wasn’t he wearing his seatbelt? Third, whether this man would have survived had he taken the few seconds to buckle-up have them buckle up their seat belts.

Tennessee law requires the use of seat belts. An overwhelming number of studies show that seat belts, when used correctly, save lives.

In 2009, 388 people in passenger vehicles died in motor vehicle crashes in Tennessee between the nighttime hours of 6 p.m. and 5:59 a.m.  According to the National Highway Traffic Safety Administration (NHTSA), nearly two-thirds (64%) of those killed in traffic crashes at night nationwide were not wearing their seat belts, compared to less than half (45%) of the passenger vehicle occupants killed during the daytime hours of 6 a.m. to 5:59 p.m.

According to NHTSA, when worn correctly, seat belts have been proven to reduce the risk of fatal injury to front-seat passenger car occupants by 45 percent, and by 60 percent in pickup trucks, SUVs and minivans.

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

Tennessee Drowsy Driver Fatality

A Tennessee tractor-trailer accident in Jefferson County Tennessee has left it’s driver dead. The truck was traveling west on I-40 when it veered from the road to the right, struck a guardrail and them the concrete pillars of a bridge. The truck caught fir and the driver was trapped inside and was killed. Investigators on the scene believe the driver fell asleep and lost control of the tractor-trailer.

As an experienced Nashville tractor-trailer accident attorney I have learned that the most difficult Tennessee automobile accident case to investigate is one caused by a drowsy driver who has fallen asleep at the wheel.

The National Highway Traffic Safety Administration (NHTSA) estimates conservatively that each year drowsy driving “is responsible for at least 100,000 automobile crashes, 71,000 injuries, and 1,550 fatalities.” But among all the major factors that cause or contribute to crashes, like speeding, alcohol use, and weather situations, drowsiness is the most difficult for police and other crash investigators to detect and quantify.

Sleepiness and driving is a dangerous combination. Most people are aware of the dangers of drinking and driving but don’t realize that drowsy driving can be just as fatal. Like alcohol, sleepiness slows reaction time, decreases awareness, impairs judgment and increases your risk of crashing.

It’s nearly impossible to determine with certainty the cause of a fatal highway crash where drowsy driving is suspected. However, there are a number of clues at a crash scene that tell investigators that the person fell asleep at the wheel.

Unlike alcohol-related crashes, no blood, breath, or other objective test for sleepiness behind the wheel currently exists that investigators could give to a driver at the scene of a crash. This makes police training in identifying drowsiness as a crash factor very difficult.

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

Distracted Tractor-Trailer Driver

A distracted tractor-trailer driver rear-ends a stopped vehicle sending it into the other lane and into two other vehicles. As an experienced Tennessee automobile accident attorney were I to represent the initial vehicle’s driver in a personal injury lawsuit my main focus would be to determine what in the world the truck driver was doing that took his eyes and his mind off of the road ahead of him.

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.

The National Highway Traffic Safety Administration (NHTSA) estimates conservatively that each year drowsy driving “is responsible for at least 100,000 automobile crashes, 71,000 injuries, and 1,550 fatalities.” But among all the major factors that cause or contribute to crashes, like speeding, alcohol use, and weather situations, drowsiness is the most difficult for police and other crash investigators to detect and quantify.

Was the driver using his cell phone? An experienced Nashville car crash attorney would study the drivers cell phone records to determine if he was using the device at the time of the wreck. Another avenue that investigators would use is a blood alcohol test to determine whether the driver was under the influence. Either way the truck driver and the company for which he drives will most probably have liability and damages to pay for this very avoidable act.

If you or a loved one is injury or killed in a Tennessee automobile accident caused by a distracted tractor-trailer driver time is of the essence. Contact the experienced Tennessee tractor-trailer accident attorneys at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies.

Don't Drive While Drowsy

This past Sunday I blogged about the dangers of driving while drowsy. The main point of the blog was to point out some troubling statistics gathered by the National Highway Traffic Safety Administration on the topic.  The NHTSA estimated conservatively that each year drowsy driving “is responsible for at least 100,000 automobile crashes, 71,000 injuries, and 1,550 fatalities.”

An article from the National Institute for Occupational Safety and Health caught my attention and I thought I might share the findings of their study:

First-year doctors in training, or medical interns, who work shifts of longer than 24 hours are more than twice as likely to have a car crash leaving the hospital and five times as likely to have a “near miss” incident on the road as medical interns who work shorter shifts. The article, “Extended Work Shifts and the Risk of Motor Vehicle Crashes among Interns,” is the third in a series of studies on the impact of extended work hours and fatigue on interns conducted by the Divisions of Sleep Medicine at the Brigham and Women’s Hospital and the Harvard Medical School in Boston.

The study found that the majority of interns routinely worked more than 30 consecutive hours, and they reported that they were awake 96 percent of their time in the hospital on average. Also, during the 12-month study period, interns reported working an average of 80 hours or more during 46 percent of work weeks and 100 hours or more per week during 11 percent of work weeks.

According to the Center for Disease Control and Prevention about 70 million Americans suffer from chronic sleep problems. Sleep deprivation is associated with injuries, chronic diseases, mental illnesses, poor quality of life and well-being, increased health care costs, lost work productivity and car crashes. Sleep problems are critically under-addressed contributors to some chronic conditions, including obesity and depression. This is a huge population of potentially dangerous drivers. If you are tired and over-stressed you should avoid getting behind the wheel. If you are going to get behind the wheel you should make sure that you are thoroughly rested and if you get tired while driving pull over and take a short nap.

If you or a loved one is killed or injured in a Nashville automobile accident by a drowsy driverNashville automobile accident lawyer’s contact the experienced at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Avoid Distractions While Driving

WTVC News Channel 9 in Chattanooga, Tennessee reported that Christopher L. Phillips age-35 was operating his 1999 Suzuki motorcycle and while negotiating a sharp curve, lost control and was thrown from the motorcycle and pronounced dead at the scene. That same day WTVC also reported that Robert Myers, age-53 while driving his 1993 Honda, swerved into the median and crossed into the oncoming lanes of traffic then hit a ditch and was ejected from the car and was pronounced dead at the scene.

On that same day WBIR TV in Knoxville reported that Mike Little, age unknown, who had been reported missing earlier in the week had been found dead in the remains of his pick-up truck which had been found crashed in a ditch. The Staff and Attorney’s at Phillip Miller & Associates send our deepest condolences to the family and friends of these men. Their deaths leave so many questions, questions that may never be answered.

As an experienced Nashville automobile accident attorney I couldn’t help but think of the many factors that could have caused these car and motorcycle accidents. Each of these men left the road for no apparent reason. Was there a medical emergency, a vehicle malfunction such as a blown tire, were they distracted by something such as a cell phone, or were they drowsy and nodded off for just a second?  So many reasons and so many unanswered questions left for the families of these men to process. The one thing they do know is that their loved ones are gone, and have become just another traffic fatality statistic.

Stories like these remind us that when we get behind the wheel of a motor vehicle we have to have our full attention on the task at hand. We must regularly check the condition of our tires and brakes, we must avoid doing things like texting and using our cell phones and any other action that causes us to take our eyes off the road, and if we begin to feel drowsy or ill we need to quickly and safely get off the road and address these issues.

If you or a loved one is injured in a car accident contact our experienced Nashville accident attorneys at Phillip Miller & Associates and learn about your rights and remedies. Do this before you deal with the other persons insurance company so that you are prepared and on an equal footing.