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.

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.

Report Drunk Driving

As an experienced Nashville automobile accident attorney I can tell you for certain that when you have a driver under the influence of alcohol, one who has had previous driving infractions serious enough to have had her license revoked, driving on a major interstate highway going the wrong way, that there will not be a good outcome.

Reference an article on the website of Memphis TV station WMC-TV which reports that this very scenario took place on I-40  just West of Memphis. The 37-year-old female driver barreling down the highway in the wrong direction hit a tractor-tanker truck and then a tractor-trailer. Debris from the crashes then struck a Honda Accord, leaving the drunk driver trapped in her vehicle. Fortunately for her, no one died in this senseless Tennessee automobile accident.

Drunk driving is one of America’s deadliest crimes. Here in Tennessee in 2008, 327 people were killed in crashes where the driver or motorcyclist had a blood alcohol concentration (BAC) of .08 or higher. That is down from 377 people killed in 2007 with a BAC of .08 or higher.

Every day, 36 people in the United States die, and approximately 700 more are injured, in motor vehicle crashes that involve an alcohol-impaired driver. The annual cost of alcohol-related crashes totals more than $51 billion.3 But there are effective measures that can help prevent injuries and deaths from alcohol-impaired driving.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a 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 find out about your rights and remedies.

Drunk Holiday Drivers

As an experienced Nashville automobile accident lawyer I have seen just about everything, or so I thought. Last night a Nashville Hit & Run driver, probably with a snout full of John Barleycorn, jumped the curb in the Lions Head area and wiped out 38 Christmas trees as well as the tent and equipment used to process them. Please believe me, I’m not trying to be flip or make a joke about this situation, it’s deadly serious. This time the drunk driver only caused property damage but all too often the drunk driver takes the life or lives of others.

Every day, 36 people in the United States die, and approximately 700 more are injured, in motor vehicle crashes that involve an alcohol-impaired driver. The annual cost of alcohol-related crashes totaled more than $51 billion. In 2006, 13,470 people died in alcohol-impaired driving crashes, accounting for nearly one-third (32%) of all traffic-related deaths in the United States. But there are effective measures that can help prevent injuries and deaths from alcohol-impaired driving.

Education through public service advertisements, especially during the Christmas Holiday, can have a lasting affect. The key to reducing the scourge of drunk driving is strong enforcement. The police and government cannot do this in a vacuum, it’s up to you and I to do out part. First of all, we should be the example and not drink when we are driving and not drive when we are drinking. As good citizens we should always be on the lookout for drunk drivers and when we see one we have a moral obligation to notify the authorites. In Nashville call 911 and in a rural areas of Tennessee we can call *847 and get the State Troopers on the job.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a drunk driver you owe it to your self to contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies

Protect Your Babies

For those who have read my blogs in the past, you know that I often write about people who should be taken off the roads for a good long time. I usually save my rants against these chosen few drivers who really go way out of bounds, and I’m hear to tell you that I have identified a new candidate for the 2009 title.

According to an article on the website of Knoxville TV station WBIR, Margaret Atamanchuk, 22, of Knoxville, may have been drunk and texting when she ran her car into a West Knoxville flower shop. The thing that elevates Ms. Atamanchuk into contention for the worst driver of 2009 was the fact that she had her 21 day old baby in the car with her and the child was not protected in a  child restraint safety seat. According to the article she is being charged with DUI, Careless Driving, Child Restraint Violation, driving left of center and hopefully texting while driving.

In 2008, there were 61 million children age 14 and younger in the United States. This age group made up 20 percent of the total U.S. resident population in 2008. Motor vehicle crashes are the leading cause of death for ages birth to 14. In 2008, there were a total of 37,261 traffic fatalities in the United States. The 14-and-younger age group accounted for 4 percent (1,347) of those traffic fatalities. This age group accounted for 3 percent (968) of all vehicle occupant fatalities, 8 percent (193,000) of all the people injured in motor vehicle crashes, and 8 percent (168,000)of all the vehicle occupants injured in crashes.

Child Safety Restraint Rules

Tennessee was the first state in the country to pass a Child Passenger Protection Law requiring children to be restrained in child safety seats (car seats and booster seats).

A. A child under one year old, or any child weighing less than 20 pounds, must be in a child passenger restraint system (car seat) that is facing the rear of the car.

B. Children who are one through three years old, and who weigh more than 20 pounds, must be in a child passenger restraint system that is facing forward.

C. Children who are four through eight years old and whose height is under four feet, nine inches, must be in a belt positioning booster seat system (child booster car seat) and wearing a seatbelt.  These seats should be in the rear seat of the car, if possible. All child passenger restraint systems (car seats and booster seats) referenced above must meet federal motor vehicle safety standards and be used consistently with the manufacturer’s and the vehicle’s instructions.

D. Children are further protected by the law, which makes the driver responsible for their protection up to the age of sixteen (16). If children under age 16 are not properly restrained, the driver may be charged and fined $50.00 for violation of the law. If the child’s parent or legal guardian is present in the car but not driving, then the parent or legal guardian is responsible for making sure that the child is properly transported and may be fined for non-compliance. If the violation is one relating to not using a car seat or booster seat for children under nine years old or whose height is less than four feet, nine inches, the punishment is greater.  The driver can be charged with a Class D misdemeanor, required to attend a class on the safely transporting children and required to pay possible fees and fines.

E. Provision is made for the transportation of children in medically prescribed modified child restraints.  A copy of a doctor’s prescription should be carried in the vehicle utilizing the modified child restraint device (CRD) at all times.

If you or a loved is injured or killed in a Nashville automobile accident by one of these kinds of drivers you owe it to yourself to contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to determine your rights and remedies

I Only Drank 9 Beers

At first glance it appeared that Brett Allen Boatwright, 29, of Norton Va., was trying to do the right thing. In Tennessee it is illegal to text while driving and Mr. Boatwright had pulled over into an apartment complex parking lot in Kingsport to text his girlfriend. So far, so good, but then his problems began.

According to the Kingsport Times-News, a watchful neighbor phoned police to report a suspicious vehicle in the apartment parking lot. When police arrived and questioned Mr. Boatwright he told them that he had pulled over to text his girlfriend who lived just down the street because her husband was at home and he couldn’t just show up there until after the husband left. Alright, so the good motive is beginning to slip away, but then things went from bad to worse.

The investigating officer noticed that his speech was slurred and that he smelled of alcohol. Upon questioning he admitted he had had a few beers, eight to be exact. He failed the field sobriety test and refused to sign the implied consent form. Think it couldn’t get worse? Mr. Boatwright couldn’t produce a valid drivers license, or proof of insurance, and when the police ran is car tag through the system his tag “Cloud 09” proved not to be a valid license. Further investigation showed that he didn’t have a license because it had been revoked because he had three previous DUIs. Oh, did I mention, he also had drugs and paraphernalia in his vehicle. He was charged with a fifth offense DUI, driving on a revoked license, along with driving an unregistered vehicle, no proof of insurance, and simple possession of drugs and drug paraphernalia.

Some people just don’t get it. I’d love to hear suggestions from my readers as to what the authorities should do with people like this to keep them out from behind the wheel of a motor vehicle. If you or a loved one is injured or killed in a Tennessee automobile accident caused by a drunk driver you might want to contact the experienced Tennessee automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to determine your rights and remedies.

Drunk Hit & Run Driver

Hakeem Nadhir Abdur Raqeeb, formerly known as Carl Anthony Simmons, has made it to my people who should never be allowed to drive again list for 2009. If you follow my blog you know the general profile of candidates for this title. Usually it’s someone who gets drunk or high and gets behind the wheel of a motor vehicle and causes the death of another and then leaves the scene of the accident.

According to an article on the NewsChannel5 website, Mr. Raqeeb was driving drunk last Wednesday when he swerved into a vehicle driven by Perry Dale III and forced his car into a utility pole and several trees. Mr. Dale died in the crash while Mr. Raqeeb sped off  so that he could avoid the consequences of his action. My sympathy and prayers go out to the family and friends of Mr. Dale.

What kind of person wrecks another or hits a pedestrian and leaves them to die in the street? Obviously, some drivers, like Mr. Raqeeb, are impaired by alcohol or drugs. If there is anything worse than a drunk driver, it is a drunk driver who causes an accident and then flees the scene. Others are drivers with no license, like Mr. Raqeeb, perhaps their license has been suspended or revoked because of prior traffic violations, or they never had one in the first place.

Then there are drivers who want to avoid detection because they are uninsured and don’t want to be financially responsible themselves for the damage that they have done. Even though liability insurance is required in every state, you’d be stunned at the number of uninsured drivers on the road. Mr. Raqeeb is presently in jail charged with vehicular homicide, and yes, driving without a license, on a bond in the amount of 177,500.00. If you want to let your voice be heard contact District Attorney General Victor S. Johnson, at 615-862-5500 and tell him what you think ought to be done with people like Mr. Raqeeb.

If you or a loved one is injured or killed by a drunk driver contact the experienced Tennessee automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Craig Sinard, a truck driver from Dandridge Tennessee is a Good Samaritan. I’m sending a shout out his way and hope he has a speedy recovery from his injuries incurred as he was trying to pull an injured motorist from his wrecked car on I-24. 

Report Drunk Drivers

According to an article on the website of WATE TV in Knoxville, Sinard was driving his tractor-trailer along I-24 when he came upon a wrecked vehicle in the fast lane. He immediately pulled over and used his CB radio to get other truckers to form a roadblock to protect the man trapped in the car. Fellow truckers did block traffic and a call went out to the THP and local first responders. Everything was going well, Sinard was able to pull the injured man from his vehicle and get him to the shoulder to wait for an ambulance.

Sounds good so far, but then an impatient drunk driver drove around the tractor-trailer road block and raced off down the shoulder. He hit Sinard at about 50 mph. Sinard remembers the crash and being thrown under the man’s pickup. He spent four days in the hospital with a broken foot, sprained ankle, fractured wrist and dislocated shoulder. The pickup driver was arrested and charged with drunk driving. According to Murfreesboro Police the original injured driver was in serious but stable condition.

Sinard told reporters, “I’d stop again. If you drive by and see somebody sitting there getting ready to possibly get killed and you have a chance to save them, wouldn’t you help them?” What a guy!

The next time you complain about a tractor-trailer driver on an Interstate just remember Gary Sinard and the other unnamed truckers who joined together and saved a life. When you have a chance give the next trucker you meet a smile, a hand-shake and a big thank you. Also remember the totally selfish, uncaring drunk driver who put himself ahead of everything and everyone else. If you live in or around Rutherford County you might want to drop The Honorable Willian Whitesell, District Attorney General a line at (615) 898-8008 and let him know how you feel about the drunk driver who nearly killed a good decent man.

If you are a loved one is injured in a Nashville car tractor-trailer accident involving a drunk driver contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies.

Drunk Driver Kills Mother Of Four

Keeping up with my theme today of blogging about people who should not ever be allowed to get behind the wheel of a motor vehicle, I ran across another article on the web site of WRCB TV in Chattanooga about a clown named Robert Ayiteyfio from Atlanta who was driving his car at a high rate of speed on I-20 on the wrong side of the road. Not surprisingly, he ran head on into a vehicle driven by Shameyka Welch, 24, a mother of four children, killing her instantly. Her boyfriend and two of her children avoided death but ended up in Grady Memorial Hospital. My prayers go out to Ms. Welch and my deepest sympathies to her family and friends. Police told the reporter that Ayiteyfio was drunk during this heinous criminal act.

As he was being questioned by police at the scene of the crime, Ayiteyfio fled the scene on foot and had to be hunted down by the police. During the investigation another police officer was hit by a car and was hospitalized in stable condition. I hope this officer makes a speedy and complete recovery, what they do for us out there on the road is beyond comprehension. Ayiteyfio has been charged with vehicular homicide and is in custody.

Drunk driving is one of America’s deadliest crimes. Here in Tennessee in 2008, 327 people were killed in crashes where the driver or motorcyclist had a blood alcohol concentration (BAC) of .08 or higher. That is down from 377 people killed in 2007 with a BAC of .08 or higher.

Every day, 36 people in the United States die, and approximately 700 more are injured, in motor vehicle crashes that involve an alcohol-impaired driver. The annual cost of alcohol-related crashes totals more than $51 billion. But there are effective measures that can help prevent injuries and deaths from alcohol-impaired driving and one of them is to lock people like Mr. Ayiteyfio up to keep him from driving a motor vehicle ever again. During his incarceration he should be educated and treated for his alcohol issues and when he is released from custody he should be closely monitored and made to understand that if he tries to operate a motor vehicle again, he will be taken off the streets for good.

During this holiday season be ever vigilant as you drive. If you see a drunk driver give them plenty of space on the highway, don’t engage them and immediately report them to the Nashville Police by calling 911 or to the Tennessee Highway Patrol by dialing *847.

If you or a loved one is injured or killed in a Nashville automobile accident by a drunk driver contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation so that you can get a complete picture of your rights and remedies.

Drunk Driving Kills

After a night of bar-hopping a Johnson City woman is killed when the vehicle she was a passenger in drove off of a road and into a lake. According to the Kingsport Times-News the three victims were driving along a lake road when the driver turned to talk to the deceased victim who was in the back seat of the vehicle as he entered a curve in the road. The vehicle drove off the road and into the lake. The driver and another passenger got out of the vehicle and were not seriously injured.

Every day, 36 people in the United States die, and approximately 700 more are injured, in motor vehicle crashes that involve an alcohol-impaired driver. The annual cost of alcohol-related crashes totals more than $51 billion.

Drunk driving is one of America’s deadliest crimes. In Tennessee in 2008, 327 people were killed in crashes where the driver or motorcyclist had a blood alcohol concentration (BAC) of .08 or higher. That is down from 377 people killed in 2007 with a BAC of .08 or higher.

When you are legally drunk your decision making ability becomes impaired, witness the driver of this vehicle turning around, taking his eyes off the road and crashing into a lake leaving a friend dead and another injured.

If you or a loved one is killed in a Nashville automobile accident involving a drunk driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies. We provide a free consultation to victims and their families.