We received a follow-up call from a family member about a fatal accident  we wrote about that occurred May 13. 2010 on I-40 near the Demonbreun exit in Nashville. At the time of the initial reports (and from accident reconstruction) it appeared that a 57-year-old woman swerved to the left, ran off the road and smashed into a guardrail. Unfortunately she died at the scene.

Family members have contacted us to let us know that it appears that a unknown black SUV (perhaps a Range Rover) hit this lady from behind, which would explain her losing control and leaving the roadway.

If anyone saw this event, and can provide further information about this black SUV please contact us (or Metro Police) and we will forward the information to family members.

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.

Fatality Reduction

According to the National Highway Traffic Safety Administration (NHTSA) projections released October 9, 2009 show that traffic deaths on U.S. roads reached a record low in the first half of 2009. Estimates show that 16,626 people died in traffic crashes between January and June –- a 7 percent decline from 17,871 for the same period last year. Projected figures for the period also show a record low fatality rate of 1.15 deaths per 100 million vehicle miles traveled, down from 1.23 deaths during the same period in 2008.

Fatalities declined by about 10 percent in the first quarter and declined by about 4 percent in the second quarter of 2009, as compared to the respective quarters in 2008. The second quarter of 2009 will be the 13th consecutive quarter of declines in fatalities as compared to the same quarter from the previous year.

Seat Belt Use

Seat belt use in 2009 stood at 84 percent, a gain from 83 percent use in 2008. This result is from the National Occupant Protection Use Survey (NOPUS) which is the only survey that provides nationwide probability-based observed data on seat belt use in the United States. The NOPUS is conducted annually by the National Center for Statistics and Analysis of the National Highway Traffic Safety Administration. Seat belt use has been increasing steadily since 1994, accompanied by a steady decline in the percentage of unrestrained passenger vehicle occupant fatalities during daytime. The 2009 survey also found the following: Seat belt use for occupants traveling during weekends increased to 86 percent in 2009 (83% in 2008), which shows a significant annual increase. Seat belt use continues to be higher in the States in which vehicle occupants can be pulled over solely for not using seat belts (“primary law” States) as compared with the States with a weaker enforcement law (“secondary law” States).

It’s up to us, each and every one of us to keep this movement going in the right direction. Buckle up, watch the speed limit, avoid distractions and be a good example to younger drivers. If you or a loved one is injured in a Nashville car accident contact the experienced Nashville Automobile accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies.

Distracted Driving

It only takes one second, take your eyes off of the road and your life, and lives of others can change forever. According to the National Highway Traffic Safety Administration NHTSA 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.

Witness an accident reported by the I-24 Exchange of Pleasant View. A 1996 Jeep SUV driven by James A. Hill of Pleasant View, crossed the centerline on Highway 49 on the Cumberland River Bridge and smashed head-on into a Grand Cherokee driven by Dana Carol Hawkins of Ashland City. According to the article, the impact spun the Cherokee into another car driven by Stephen B Stewart of Charlotte. Hill told officers he was reaching down for a cigarette when he crossed the line into oncoming traffic.

This collision could well have cost two people their lives caused untold pain and suffering to the family and friends of  the victims. Luckily this was not the case, this time. Not so lucky are the 1200+ deaths that occur every year in Tennessee. As an experienced Nashville automobile accident attorney I know that these kinds of collisions are completely avoidable. A motor vehicle operator must remember at all time that s/he is behind the wheel of a deadly weapon.

If you or someone you love has been hurt in a serious Nashville 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 an 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. You don’t deserve the injuries and suffering you’ve been through because of somebody else’s negligence, and our job at Phillip Miller & Associates is to make sure that you receive the justice and compensation that you deserve.

The Nashville automobile accident, personal injury law firm of Phillip Miller & Associates is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

Report Drunk Drivers

On October 23, 2009, Eddy McCreery, 44, was killed in a crash on I-40 caused by a woman Metro Police believe was driving drunk. Three days later Malindy Raymer, 45, was killed in a collision involving a man suspected of driving while intoxicated. Two more needless deaths at the bloody hands of John Barleycorn.

An interesting article on the website of WZTV Channel 17 in Nashville, reports that the legislature is going to be given a chance to take steps to continue to address this epidemic.

According to the article two drunk driving bills will come before legislators in this year’s legislative session in January. Senator Mae Beavers, Rep., District 17, is hoping legislators will change Tennessee’s open container law, making it illegal for anyone to have an open alcohol container in a car. Senator Beavers is also supporting a bill mandating ignition interlock devices for all convicted DUI offenders– something Mothers Against Drunk Driving (MADD) has backed for years. Under present law the penalties for driving under the influence are:

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

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. If you suspect a driver is under the influence you can call *THP ( *847)  and alert the Tennessee Highway Patrol. Do your part and save a life.

If you or a loved one is killed or injured in a Nashville car accident involving a drunk driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your right and remedies.

The Nashville automobile accident, personal injury law firm of Phillip Miller & Associates is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

Fall Is Deer Season

I want to take this opportunity to once again remind you all to pay particular attention, especially in the morning and at dusk, for deer. What was once a rural problem has now become an urban and suburban one as the cities move into deer country. The Tennessee Department of Safety cautions motorists to watch out for deer, especially during the months prone to deer-related crashes, October through December.

Department of Safety Commissioner David Mitchell reminds motorists that, “November, when deer mating and deer hunting seasons start, is the worst month for deer-related crashes.” According to the Tennessee Wildlife Resources Agency, deer-related crashes are on the rise in Tennessee as urban growth encroaches into rural areas. In 2006, there were 5,884 deer-related crashes, including 289 that involved injuries and two that were fatal. That was up 19 percent from 4,942 in 2005. Since 2003, deer-related crashes in Tennessee have risen over 33 percent.

In 2006, the month of November recorded 1,334 deer-related crashes, by far the highest month for such crashes. December and October were the second and third highest months, which saw double the average number of deer-related crashes throughout the year.

A couple of suggestions:

If you see one deer there will probably be several more;

If you happen to collide with a deer, never approach it, an injured deer can prove very dangerous.

If you happen to collide with a deer, never approach it, an injured deer can prove very dangerous.

Do not try to swerve around an animal.

If you swerve you could lose control of your vehicle and hit a tree or another vehicle, both potentially much worse than hitting a deer. If you swerve, there’s also a chance that the animal will panic and run into your path. Instead, keep your lane position and sound your horn while braking in a controlled manner.

If you are involved in a collision with a deer you can be certain that they are not insured and if they survive the collision it might be difficult to identify the one responsible for the collision so you will probably have to rely on your own car insurance to take care of the damages. Before you do so I suggest that you check out my website at Phillip Miller & Associates, and get some information about the process of negotiating with an insurance adjuster.

It Costs Nothing To Call

Have you or a loved one been involved in a Nashville Auto Accident? Before you talk to an insurance adjuster, sign any forms or hire an attorney; Please Give Us a Call or Order Our Free Book - we are here to help.

When you get into your car each day, you are one of over four million licensed drivers traveling the roads and highways of our great state. Unfortunately, you might be unlucky enough to be involved in one of Tennessee’s 486 car accidents that occur each day.  These accidents resulted in 1,284 deaths in 2006 alone.  However, knowing that you aren’t the only person who will be involved in an accident this year is of little comfort.  If you or someone you love has been hurt in a serious Nashville 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 an 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 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.

Serious Auto Accidents Don’t Just Happen

We hear it all the time – “accidents happen”.  However that really isn’t true.  There is always a reason for an accident, always an explanation.  In our experience there is usually a person or people behind the cause of the accident, people who should be held accountable. You don’t deserve the injuries and suffering you’ve been through because of somebody else’s negligence, and our job is to make sure that you receive the justice and compensation that you deserve.

You may not be sure whether or not you really need an attorney; however we still want to hear from you. Our policy is to meet with you for no cost and no obligation if you have been involved in an accident and believe that someone else is at fault.  Since we’re on your side, we base our fees on whether or not we can recover on your claim.  If we recover nothing, then you owe us nothing for our time and effort.  We hope the realization that you have nothing to lose by pursuing a satisfactory resolution to your case reassures you, and allows you to focus your energy on getting better while we fight for your rights.

Choosing Phillip Miller & Associates for Your Auto Accident Case

When you hire an attorney from Phillip Miller & Associates, you’re getting the whole package.  You don’t just get an extremely qualified and dedicated Nashville lawyer, you also get a loyal Tennessee resident who cares about the quality of life in their community and who puts their time and money into standing up for causes and charities they believe in.  You can read about some of the causes we support on our home page, along with a summary of our professional qualifications.  Additional details about our attorneys and staff can be found by viewing our personal profiles, where you can get to know the men and women who will be looking out for your best interest.

Please contact Phillip Miller & Associates at 615-356-2000 today and take your first step forward towards putting the frustration and horror of your auto accident experience behind you.

If You Hit Don't Run

Yesterday was a bad day for drivers and pedestrians on Nashville Interstate highways. I blogged this morning about a collision between an ambulance and a Department of Transportation line painter truck which ended in two fatalities, and this afternoon the topic is the unnecessary killing of a pedestrian by a hit & Run driver.

According to an article on the website of Nashville News Channel5, a man who works for a local wrecker service was preparing to tow his daughters car off of I-40 at Spence Lane when a car struck and killed him. His daughter was at the scene and gave police a description of the car. He was rushed to Vanderbilt Medical Center where he was pronounced dead.

Later Police were called to Opry Mills by security guards andthey found a parked vehicle that matched the description given by the witness, and when the sleeping woman failed a field sobriety test she was arrested. Her vehicle and damage on the right front panel. The driver admitted to the Channel 5 reported that she had been drinking. The staff and Nashville accident lawyers at Phillip Miller & Associates send our prays and condolences to the family and friends of the victim.

Some Information On Hit And Run Accidents

According to the National Highway Traffic Safety Administration a hit-and-run crash is defined as a crash where a vehicle is a contact vehicle in the crash and does not stop to render aid (this includes drivers who flee the scene on foot).  The numbers indicate that a majority of the pedestrian fatalities occur in crashes where no hit-and-run was involved.  However, about 18 percent of the pedestrian fatalities in single vehicle crashes were as a result of a hit-and-run crash.  The proportion of hit-and-run crashes where a pedestrian was killed has not shown any change between 1998 and 2001. Almost two-thirds of the pedestrian fatalities occurred when the light condition was either dark or dark but lighted, the majority between the hours of 6 pm to 9 pm and the second most between the hours of 9 pm and midnight. Most pedestrian hit and run cases occur in the months of October, November and December.

Almost two-thirds of the time, male drivers were likely to be involved when a pedestrian is killed in single motor vehicle crash.  Among all age groups, the 20-29-year-old age group were the most involved when a pedestrian fatality occurred. Male drivers were about 2.5 times as likely to be involved when a pedestrian was killed than female drivers.

Who would be so selfish and callous that they would leave a human being dead or dying and just run away without offering any assistance? According to NHTSA some of them are obviously impaired by alcohol or drugs. Some are drivers who are driving without their license because the perpetrator has screwed up enough to have his license lifted in the past and they don’t want to take responsibility for their stupid actions.

If you are injured by a hit and run driver try to secure some description of the vehicle, and if able, ask a witness to contact emergency medical help and give them a description of the car. I recommend that you don’t try to chase down the H&R driver, just get an identification of the vehicle, license tag number, color and style of the car and brand if you know it and give this information to the police. For more detailed information about your legal rights as a victim of a drunk driver, click here.

If you are injured in a Nashville car accident by a hit & run driver contact the Nashville Accident Attorney’s at Phillip Miller & Associates and find out your rights and remedies.

Avoid Distractions

As an experienced Nashville automobile accident attorney I am always stunned when I read of an accident in which a vehicle rams into the rear-end of a highway maintenance truck operating with it’s emergency flashers on such as one that occurred yesterday on I-65 at Wedgewood Ave. According to the iten on the web site of WMCTV News Channel 5, an ambulance traveling with a non-emergency patient on I-65 ran into the rear-end of a TDOT truck painting lines on the highway.The ambulance driver and the patient, 78-year old patient Sue Bly died and the attending paramedic was seriously injured.

My question, and I’m sure one that is going to be asked by the attorney for the estate of Ms. Bly is, what was going on with the driver that caused him to change lanes and ram into this other vehicle. Investigators will be looking into whether the driver had some medical emergency that caused him to lose control of the ambulance, or whether he was somehow distracted by something like a cell phone or radio, or other on-board electronic device or whether he was texting at the time and had diverted his eyes form the road.

High-profile crashes and tremendous media coverage have dramatically increased the interest in distracted driving, particularly crashes involving cell phone use and texting. The Governors Highway Safety Association (GHSA) recognizes that all cell phone use and texting while driving are extremely dangerous and, therefore, strongly discourages anyone from using a cell phone for any purpose while driving. Drivers need to focus on the driving task and restore some common sense to driving.

The Tennessee Department of Transportation suggests the following guidelines when you enter a construction zone:

* Slow down! Drive within the posted speed limits, which are usually reduced in work zones. If you don’t, you’ll pay the price.

* Don’t tailgate! Most work zone accidents are caused by rear-end collisions.

* Eliminate distractions! Put down the cell phone; leave the radio dial alone. This is not the time to look for a new CD!

* Keep your ears open! Do not wear earphones while driving.

*Merge early! You can be ticketed and the cause of an accident for being a last chance merger.

* Watch for flaggers! Follow their signals, and don’t change lanes within the work zone unless instructed to do so.

* Expect the unexpected! Work zones change constantly.

* Turn your lights on before you enter the zone! Turn on your vehicle’s headlights to become more visible to workers and other motorists.

* Stay calm! Remember the work zone crew members are working to improve your future ride.

If you or a loved one is injured in a Nashville car accident by a distracted driver or by a driver acting negligently in a highway construction zone contact the experienced Nashville autobobile accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies.

Older Drivers

A recent article on WSMV TV in Nashville about an elderly driver who rammed his car into the front of a busy grocery store caught my attention and reminded me a meeting I had with a friend the other day. My friend had been having several of “The Conversations” with his mother. She is now in her 80s and experiences many of the issues related to her ability to continue driving. Their conversation focused on helping her recognize her changing abilities and deciding with her how to adapt to new ways of meeting her transportation needs. I’ve known this woman for many years, a fiercely independent Irish woman who spent her life selling real estate and in her later years playing poker.

As the population of the United States ages these conversations are taking place more often then in the past. The National Highway Traffic Safety Administration (NHTSA) has a number of helpful suggestions that might make this process somewhat easier on both sides of this conversation, including a sample script for opening the discussion and some considerations to suggest.

Some Facts On Older Drivers: (65-years old and up)

In 2007, 13 percent of the total U.S. resident population (38 million) were age 65 and older. There were 30 million older licensed drivers in 2006, an 18-percent increase from 1996. In contrast, the total number of licensed drivers increased by only 13 percent from 1996 to 2006. Older drivers made up 15 percent of all licensed drivers in 2006, compared with 14 percent in 1996. In 2007, 196,000 older individuals were injured in traffic crashes, accounting for 8 percent of all the people injured in traffic crashes during the year. These older individuals made up 14 percent of all traffic fatalities, and 19 percent of all pedestrian fatalities. Most traffic fatalities involving older drivers in 2007 occurred during the daytime (79%), occurred on weekdays (72%), and involved other vehicles 71%. Over three-fourths (77%) of all older occupants of passenger vehicles involved in fatal crashes were using restraints at the time of the crash, compared to 63 percent for other adult occupants (18 to 64 years old). For older people, 60 percent of pedestrian fatalities in 2007 occurred at non-intersection locations. For other pedestrians, 81 percent of fatalities occurred at non-intersection locations. In two-vehicle fatal crashes involving an older driver and a younger driver, the vehicle driven by the older person was nearly twice as likely to be the one that was struck (59% and 33%, respectively). In 46 percent of these crashes, both vehicles were proceeding straight at the time of the collision. In 25 percent, the older driver was turning left, 5 times more often than the younger driver. In Tennessee in 2007 there were 1,639 fatal traffic accidents, of those 185 were involved with people aged 65+, which translates to 11.3% of the fatalities.

To this Nashville automobile accident attorney these statistics show me that older drivers are more experienced and their populations is growing but that their driving abilities are affected by things such as visual, hearing and response related issues. I highly recommend that before you have “the conversation” with an older family member that you drop in at the NHTSA website and introduce your self to some of the solutions that they have prepared. My friend told me that the conversations with his Mom have been going well and they have worked out a plan to meet her needs and allow her to continue to live a busy and fulfilling life. I did ask him whether he had a plan B in the event this approach didn’t work and he laughed and told me that he had planned to stuff a potato up her tail-pipe so the car wouldn’t start.

If you or a loved one is injured in a Nashville car accident involving a older driver contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies.

Impound Vehicles Of Habitual Traffic Offenders

This morning my blog focused on the problem of people without or with suspended or revoked drivers licenses. The problem is serious and measures need to be taken to curb this activity and reduce highway deaths, injuries and property damage. Once again I found some interesting answers in the Automobile Club of America Foundation study titled “Unlicensed To Kill”. The title of this report comes from “Unlicensed to Kill,” a small article that appeared in the June 13, 1994 issue of Time Magazine.

The report is based on research conducted by the National Highway Traffic Safety Administration (NHTSA) under the Fatality Analysis Reporting System (FARS) a nationwide census providing NHTSA, Congress and the American public yearly data regarding fatal injuries suffered in motor vehicle traffic crashes.

How Do We keep These Drivers From Continuing this Behavior?

Presently the punishments for any one of these enumerated actions (e.g., driving while intoxicated, reckless driving, driving without a license, or driving on a suspended or revoked license) go from monetary fines to periods of incarceration. Add to that counseling, remedial education, training programs and community service and license sanctions. The goal here is to save lives and the findings of the AAA report seems to point to the fact that they can indeed be an effective tool in reducing traffic violations, fatalities and injuries, but the same literature also acknowledges that drivers with suspended and revoked licenses often drive in spite of their suspensions and revocations.

Given that 30 to 70 percent of those drivers whose licenses have been suspended or  revoked may continue to drive and given that many of these drivers become involved in serious injury and fatal crashes, more stringent measures to curtail the risks posed by these drivers seem warranted.

Many believe that modifying unlawful driver behavior might not be an effective way to deal with this issue and think that engineering around this problem” is the best approach, and that the answer may be best found in vehicle sanctions or modifications that physically impede unlawful driving through vehicle impoundment, electronic drivers licenses, or alcohol ignition interlocks.

Vehicle Impoundment

Perhaps the most dramatic, but definitely low tech, vehicle sanction imposed on a driver is impoundment. This simple, low-technology strategy renders the vehicle unavailable to the driver for a prescribed period of time. At the end of the impoundment period, the owner was obliged to pay the costs associated with impoundment to reclaim his or her vehicle. The potential benefits of a vehicle impoundment law are basically two: (1) for a period of 30 days, impounded vehicles are unavailable to be driven by those without licenses or with suspended or revoked licenses, and (2) the inconvenience and cost associated with vehicle impoundment might have some residual deterrent effect that would curtail future illegal driving beyond the 30-day period that the vehicle was impounded. Overall, those drivers whose vehicles were impounded were significantly less likely to be subsequently convicted of driving without a license and driving with a suspended or revoked license; and yet they continued to be involved in crashes. In an up-coming blog I’ll address several other more high tech methods of achieving the goal of keeping these people off of the streets.

If you or a loved one is injured in a Nashville car accident contact our Nashville car accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies