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.

Drunk And Stupid

Many of you who read my Blog, “The Tennessee Auto Accident Attorney”, are familiar with my focus on the worst driver of the year. To qualify for this honor a driver has to show the least amount of concern for the lives of others on the road. The first nominee for the 2010 award is a fellow named Fred Campbell from down Chattanooga way.

Fred was pulled over by the police for a broken tail light and when the police officer approached him he realized that Fred was driving with his two-year-old Grandson on his lap. The officer observed an open container of cold beer and Fred admitted that he had consumed “…six or seven…” beers. Fred blew a 1.3 which in Tennessee is one and a half times the legal limit.

Fred plead guilty to DUI and reckless endangerment and is expected to serve at least a year behind bars for his actions. But the problem for Fred doesn’t stop there. It appears that Fred was on parole for a murder charge and still had 10 months on that parole. The child is now with his mother but Child Protective Services is investigating the circumstances and the mother’s knowledge.

Fred Campbell is my number one candidate for the 2010 driver who should be banned from the road forever. If you are the victim of a Nashville or Tennessee automobile accident caused by a drunk driver like Fred we urge you to contact our experienced Nashville 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.

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,

Fatal Interstate Accident

As an experienced Nashville automobile attorney I read articles about Tennessee automobile crashes looking for certain clues that give a clearer picture of what might have happened. An article yesterday on the website of WGRZ TV in Buffalo New York is just such an article. A 33-year-old woman, Jennifer Grimaldi of Buffalo was a passenger in a Chevy SUV driving on I-24 when the vehicle went out of control and slammed into the retaining wall on both sides of the highway before ejecting Ms. Grimaldi and two other passengers from the SUV and she and a male passenger landed on the parkway below. No word in the article on the condition of the male passenger or the others in the vehicle.

As an experienced Tennessee car crash lawyer some of the things I noticed where that the collision took place at 2:25 AM on a Friday night. The police suspected alcohol was the cause or at least a contributing factor. At least three people were thrown from the vehicle signifying that they were not using their seatbelts, even though seatbelts are required in Tennessee and lastly something, whether speed, distraction, drowsiness or alcohol caused the driver to lose control and crash the vehicle.

Even for an experienced Tennessee automobile accident lawyer this crash would present serious problems in terms of recovering damages because of the myriad factors that might make the victims contributes to the results. It’s a case like this that highlights the need to have an experienced personal injury lawyer on your side. The experienced Nashville automobile accident lawyers at phillip Miller & Associates fit the bill. Contact them and take advantage of a free consultation to learn about you rights and remedies.

The Downside Of Driving And Drinking

Since the topic of the day for my Blog “The Tennessee Auto Accident Attorney” is drunk driving fatalities, I was drawn to a report on several Nashville news outlets this morning regarding the arrest and an indictment of a Nashville college student on a number of charges, including vehicular homicide by reckless conduct, vehicular homicide by intoxication, aggravated assault and two counts of vehicular assault, for a one-car accident in which her passenger was killed and the other passengers were injured.

We have recently found out that fatality rates from drunk driving accidents have fallen in Tennessee, which is a sign that educational and enforcement actions are having the desired result. But those statistics are surely no comfort to the parents of a 20-year-old Shelbyville man who was killed as the result of the accident.

The facts are sketchy but it appears the young woman was driving in South Nashville at 4:30 Am when she lost control and drove into a ditch, struck a utility pole and rolled over and ended up on the top.

Historically, most drunk drivers are males but statistics show that the number of women driving under the influence is definitely on the rise. Between 2004 and 2008 in Tennessee, impaired women drivers involved in fatal crashes increased by 4.7 percent.

Ultimately the driver of the vehicle is the one responsible for saying no to drunk driving, but when youth is involved the thing that is going make a difference is parental training. How did we as parents teach our children about the dangers of drinking and driving. Teaching our children is more than just telling them not to do it, bad things will happen, it’s about teaching by example. How we drive is how they are going to drive.

If you or a loved one is killed or injured in a Tennessee automobile accident involving a drunk driver you owe it to yourself to take advantage of a free consultation with the experienced Nashville car accident lawyers and find out about your rights and remedies. I mean, what do you have to lose? Choose a certified civil trial lawyer with years of “boots on the ground” experienced. That lawyer can be found at Phillip Miller & Associates.

Cell Phone Distractions

As an experienced Nashville automobile accident attorney I have written a lot lately about distracted driving. Since the majority of automobile accidents are caused by distracted drivers I thought it would be important to share with you the finding of some recent research related to driving and cell phone use.

It is estimated that over 100 million cellular subscribers in the United States use their phone while driving.  Because of safety concerns associated with cell phone use while driving, several legislative efforts have been made to restrict cell phone use on the road . In most cases, the legislation restricts the use of hand-held phones but permits the use of hands-free phones while driving.  In fact, several researchers have reported that driving is impaired by concurrent cell phone use, however, the precise impact of cell-phone driving on traffic safety was unknown until now. One well respected research team found epidemiological evidence suggesting that “the relative risk of being in a traffic accident while using a cell-phone is similar to the hazard associated with driving with a blood alcohol level at the legal limit”.

A recent study conducted by the University of Utah has found that this is in fact, the case. The study found that although intoxicated drivers and cell phone using drivers performed differently during the tests, with cell phone user exhibiting sluggish behavior (slower reactions), intoxicated drivers being more aggressive. The key finding was that cell phone users actually exhibited greater impairments (i.e. more accidents and less responsive driving behavior) than drivers who were legally intoxicated. Another important finding was that there was little difference between hand-held and hands-free cell phones.

If you or a loved one is injured or killed in a Tennessee car crash caused by a distracted driver you owe it to yourself to 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.

Booze It And Lose It

The Tennessee Department of Transportation and the Governor’s Highway Safety Office Director Kendell Poole joined numerous state and local law enforcement agencies and safety advocates this past Wednesday to remind Tennesseans about the dangers of driving impaired this holiday season.

As a visual reminder of the severe result of impaired driving, 327 teddy bears lined the lobby of the Tennessee Performing Arts Center in remembrance of those killed in alcohol related crashes in 2008. After the ceremony the bears were given to Tennessee Child Passenger Safety Centers where they will be distributed to needy children.

“We have made great strides in reducing the number of people killed in alcohol related crashes in Tennessee but there is still much work to be done,” said TDOT Commissioner Gerald Nicely. “If you drink this holiday, don’t drive. It’s not worth the risk of killing yourself or someone else by driving impaired.”

Nationally, 11,773 people died in crashes that involved a drunk driver or motorcycle operator with a blood alcohol concentration (BAC) of .08 or higher in 2008, making up 32 percent of all traffic fatalities.  Also, the 327 people killed in DUI crashes in Tennessee represent 32 percent of the state’s traffic fatalities.

“The three most critical skills for a good, safe driver are judgment, vision and reaction,” said Poole. “Alcohol suppresses all three of these critical driving skills, even before an individual has reached the legal limit.  If you really want to enjoy the holidays, make sure your celebration is one you’ll live to remember.”

During 3D Prevention Month, law enforcement agencies across the state are increasing sobriety and safety checkpoints and are heightening patrols in support of the state’s Booze It and Lose It campaign.

“The holidays are about gathering together with friends and family to celebrate the joys of the season, but no amount of good cheer will save people from the consequences of impaired driving,” said Tennessee Highway Patrol Colonel Mike Walker. “Impaired driving is against the law and Troopers will be out in force working to save lives by making sure drunk and drugged drivers are kept off the road. If we catch you, we will arrest you. No exceptions. No excuses.”

By following these easy steps, drivers can enjoy a safe and festive holiday without placing their own lives and the lives of the others on the road at risk:

Plan a safe way home before the festivities begin;

Designate a sober driver and give that person the keys before ever consuming a drink;

If impaired, use a taxi, call a sober driver, or use public transportation to get home safely;

If you see a drunk driver on the road contact local law enforcement or call *THP (*847);

If someone is about to drive or ride impaired, take their keys and make other arrangements to get them  where they are going safely.

If your holidays are ruined by an impaired driver in a Nashville automobile accident 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.

Booze It And Lose It

An underage drinking driver, high speed, and early morning hours make for a deadly cocktail that cost the life of an Antioch man and will bring criminal charges against his cousin, the driver of the vehicle. According to an article posted on the website of Nashville NewsChannel5 Miguel Crispin-Reyes, 19, was driving at a high rate of speed with his cousin Ancelmo Crispin-Herrera,21, riding in the front seat with him when he, for some unknown reason, left the road and rolled. Mr. Crispin-Herrera was trapped in the vehicle and was pronounced dead at the scene. Mr. Crispin-Reyes is listed in stable condition at Vanderbilt Medical Center.

Such a tragedy, how sad that one poor decision has changed the lives of two young men and their family forever. My sympathy and prayers go out to them.

As an experienced Nashville car accident lawyer I want to remind you that driving with a BAC of .08 or higher is illegal in every state. If you follow my blog you will see that in Tennessee we continue to see a tragic number of people with debilitating injuries and deaths as a result of impaired driving. This careless disregard for human life must stop

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. Over the 2008 Labor Day holiday, 12 people were killed in 10 fatal crashes on Tennessee roadways, down from 17 people killed on Tennessee roadways in 2007.

With the winter holidays approaching we must redouble out efforts and be vigilant in reminding our family and friends of the dangers and the high price, not just the driver, but his passengers and families pay as the result of an automobile accident. If you see a driver who appears to be drunk dial *847 and report them to the Tennessee State Troopers.

If you or a loved one is injured in a Nashville automobile accident contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates for a free consultation so that you can learn about your rights and remedies.

Drunk Driving Has A High Costs

Facing a possible life sentence Randy Scott Ostrihan, 41, pled guilty and was sentenced to 20 years in he Kentucky prison system for killing a woman and paralyzing the driver of a motorcycle he rammed while he was drunk. In addition, he is banned for life from having a drivers license or driving a motor vehicle.

According to the Bowling Green Daily-News he pled guilty to murder based on wanton conduct, first-degree assault and operating a  motor vehicle under the influence of intoxicants. At the sentencing hearing he had to face the sister of the the deceased woman, Dawn Hatridge, 54, of Bowling Green and Phillip Bishop, 55, also of Bowling Green, now confined to a wheelchair. Ostrihan’s blood alcohol level was 0.17 more than twice the legal limit. He will have to serve 17 years of that sentence before he is eligible for parole.

As an experienced car accident lawyer I want to remind you that driving with a BAC of .08 or higher is illegal in every state. If you follow my blog you will see that in Tennessee we continue to see a tragic number of people with debilitating injuries and deaths as a result of impaired driving. This careless disregard for human life must stop. To help ensure that happens, the Tennessee Highway Patrol has made it entirely clear that it is dedicated to arresting impaired drivers wherever and whenever they find them.

Drunk driving is one of America’s deadliest crimes. According to the Tennessee Highway Patrol 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 are convicted in Tennessee here’s what your looking at:

1ST TIME DUI OFFENDER – .08 (BAC) [55-10-401] [55-10-403]

●     48 hours to 11 months, 29 days of jail for offenders under the age of 21.

●     24 hours to 11 months, 29 days of jail for offenders 21 and over

●     .20 BAC or greater minimum jail time 7 consecutive days

●     License revocation for 1 year

●     You will be ordered to participate in a DUI school

●     Pay restitution to any person suffering physical injury or personal loss

●     $350-$1,500 Fine

●     With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900.

●     Judge can order you to install a vehicle Ignition Interlock Device at your expense. Minimum 1st year cost $810 [55-10-412d]

●     If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.

●     Drug and Alcohol Treatment may be required at the judge’s discretion.

If you or a loved one is injured or killed in a Nashville automobile accident involving a drunk driver contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates for a free consultation and find out about 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.