Feb272010

Nashville Automobile Accident Attorney Discusses The Dram Shop Law In Tennessee

As an experienced Nashville automobile accident lawyer, my first thought when I read about a Tennessee automobile accident involving a driver going the wrong way on divided highway, is that the driver was under the influence of alcohol or drugs. Now I didn’t know Michael Doe Folden of Johnson City and there is little information other than the fact that he was driving the wrong way on a divided expressway around 9:30 PM near the entrance of he Elizabethton County Club when he rammed into a car driven by Wendy Watson, her husband and her 14-year-old daughter, but I feel there’s a good chance he was DUI.

Mr. Folden died at the scene and the condition of the Watson’s is unknown at the time of this writing. As an experienced Tennessee automobile accident attorney the main thing that I would focus on would be Mr. Folden’s activities in the hours preceding the collision. An important question is whether he was drinking and where. Was he a member or guest at the Country Club? My prayers go out to the family and friends of Mr. Folden and I pray for a complete and speedy recovery for the Watson’s.

Hopefully for the Watson’s, Mr. Folden had insurance, but I would take a good look at any establishment that had served him alcohol. Dramshop refers to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid. Dramshop laws establish liability arising out of the irresponsible sale of alcohol to obviously intoxicated persons or minors who subsequently cause death or injury to third-parties as a result of alcohol-related accidents.

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

Feb252010

Nashville Automobile Accident Lawyer Reminds Drunk Drivers – Stupid Is As Stupid Does

They Don't Mix

They Don't Mix

When it comes to drinking and driving this experienced Nashville automobile accident attorney knows that stupid is as stupid does. First of all, for people who haven’t been paying attention, it’s 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, if you hit a pedestrian and decide to try to avoid the consequences. Stop immediately and render aide to the poor pedestrian. Put your selfish interests aside and call 911. Things might get unpleasant but they could get worse.

And worse it will be for Matthew W. Winn, 22 of Bellevue. Mr. Winn got behind the wheel of his Ford pickup truck under the influence of alcohol and on his way home ran over a man crossing the street. Winn was obviously not watching the road ahead or driving the speed limit or he would have seen Mr. Hongyong Lee, 48 also of Bellevue, and not killed him. Stupid is as stupid does.

Mr. Winn left the scene and called a friend who came to the site of the crash and found Mr. Lee dead and called 911. Had Mr. Winn called first responders immediately Mr. Winn may or may not have survived, we will never know. When police arrived they asked the friend to call Mr. Winn and tell him to return. Mr. Winn did return but he was driving his mother’s car instead of the Ford pickup truck. The police administered a field sobriety test and then a blood test. He was arrested and police said that additional charges are possible as the investigation continues. Stupid is as stupid does.

If you or a loved one is involved in a Tennessee automobile accident caused by a drunk driver contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and find out about your rights and remedies.


Feb212010

Nashville Automobile Accident Attorney Ponders A Drunk Driving Fatality

It Only Takes a Second To Change Lives

It Only Takes a Second To Change Lives

As an experienced Nashville automobile accident attorney I can tell you that there are some jurisdictions in and around the Nashville area that take a dim view of driving under the influence of drugs or alcohol, and enforce the law with an iron fist. Reference a recent article on the web site of Kentucky New Era. Oak Grove, Kentucky is a small town on the Tennessee-Kentucky border on the Gates of Fort Campbell.

A 20-year-old man was heading south on a state highway when he decided to pass three slower moving vehicles in front of him. As he passed those vehicles a car driven by a Fort Campbell soldier was entering the highway in a north-bound direction. The speeding vehicle hit the soldier’s car at the drivers door, killing him instantly. When police arrived at the scene the passing driver tested positive for alcohol and was arrested and jailed. The local authorities have charged the man with murder and he awaits trial in the Christian County jail.

Drinking and driving do not ever mix. 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 dollars. But there are effective measures that can help prevent injuries and deaths from alcohol-impaired driving, education is an important tool and enforcement with stiff penalties is critical to changing the drinking driving culture that has developed in our country.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a drunk, or otherwise impaired driver, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates.

Jan282010

Nashville Automobile Accident Attorney Discusses An Alcohol Related One-Car Fatal Accident In Nashville

Alcohol Related Fatality

Alcohol Related Fatality

As my goal with this Blog, “The Tennessee Auto Accident Attorney” is to educate my readers in the hope that you all will practice safe driving and instill in your family and friends the need to do the same, today I thought I would share a tragic story reported on the website of News Channel 5.

It appears that the crash happened just before midnight when a 27-year-old man veered from the highway in his SUV, hit a concrete culvert and flipped over several times, ejecting and killing him instantly. Investigators say that alcohol was a factor in the accident and that the young man was not wearing his seatbelt. They also said that he was driving on a suspended license and had a long history of driving offenses

How tragic that a young man has to lose his life because he just didn’t get it. It’s impossible to say what caused him to lose control of his vehicle, it might have been the alcohol, he might have fallen asleep or he may have been distracted by a cell phone or radio.

Drunk driving is one of America’s deadliest crimes. In Tennessee in 2008, 327 people were killed in crashes where the driver 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, but even one death is too high of a rate.

If you or a loved one is injured or killed in a Tennessee automobile accident contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and find out about your right and remedies.


Dec232009

Drunk Killer Driver Gets 22 Year Prison Sentence

Drunk Drivers Kill

Drunk Drivers Kill

It took a Washington County Tennessee jury a mere 34 minutes to find Michael Gardener guilty of aggravated involuntary manslaughter and driving on a revoked or suspended drivers license. The jury handed down a 22-year sentence, the maximum allowed by law. Before you get into your car after you have been drinking you might want to remember this case before you start the engine.

As an experienced Nashville automobile accident attorney I can tell you for certain that juries across the state are sick and tired of people like Mr. Gardner who flaunt the laws and take the lives of productive citizens. The victim in this case Johnny Morphew, 48 was a respected citizen, a firefighter and medical flight paramedic who was driving from home to work. On behalf of the staff and lawyers at Phillip Miller & Associates I want to extend out deepest sympathies to Mr. Morphew’s family and friends, and indeed, to the people of Washington County for their loss.

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..

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 find out about your rights and remedies.