2-Yea-Old Pedestrian

As an experienced Tennessee auto accident lawyer I regularly write about child safety. The main topics are usually safety seats and school zone safety. Today I want to talk about another important topic under the heading of child safety, and that is unattended children playing near public streets and highways.

In 2008, an estimated 69,000 pedestrians were injured, 13,000 of those injured were age 14 and younger, and males accounted for 52 percent (7,000) of those 13,000 injured.

Reference a story from the web site of WBIR TV in Knoxville Tennessee in which a 2-year-old girl was crossing the street when she was hit by a car. The girl was treated at a local hospital and suffers from non-life threatening injuries to her head and foot. The driver and passenger of the car were questioned by investigators and released. Investigators say that the investigation is ongoing.

Now I don’t know anything more than I read in the article but it occurs to me that 2-year-olds playing outside in a non-fenced area where traffic is present should have parental supervision.

The stories and situations mentioned on this blog are for informational purposes only. Phillip Miller & Associates does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the incidents described in these Blogs are impacted by Tennessee law.

Road Rage In Tennessee

As an experienced Tennessee automobile accident attorney I can tell you that taking a walk, even on a sidewalk, requires one to stay alert for all sorts of traffic hazards. According to a number of studies, in the last 15 years, more than 76,000 Americans have been killed while crossing or walking along a street in their community. More than 43,000 Americans, including 3,906 children under 16 have been killed this decade alone. This is the equivalent of a jumbo jet going down roughly every month, yet it receives nothing like the kind of attention that would surely follow such a disaster.

Reference an incident the other day in Murphreesboro, Tennessee in which a pedestrian crossing the street was almost run down by a motor vehicle. When the pedestrian yelled at the driver to slow down, the driver backed up, got out of the car, pulled a pistol and threatened the pedestrian. After some threats the gunman got into his car and drove away.

This incident brings into focus the difference between aggressive driving and road rage. Aggressive driving is a traffic offense or combination of offenses such as following too closely, speeding, unsafe lane changes, failing to signal intent to change lanes, and other forms of negligent or inconsiderate driving. , on the other hand, Road rage is a criminal offense. This occurs when a traffic incident escalates into a far more serious situation.

If you or a loved one is injured or killed in a Tennessee car accident involving an aggressive driver or a road rager, contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates and find out about your rights and remedies.

Drunken Driver Kills Pedestrian

As an experienced Nashville automobile accident attorney I am well aware of the statistics on pedestrian fatalities. A collision between a human being and moving motor vehicle almost never comes out well for the pedestrian. This was the case in 2007 for a Chattanooga man who was run down and killed by a drunk driver. The drunk driver finally had his day in court and was sentenced to serve two years in the state penitentiary for reckless homicide.

According to the National Highway Traffic Safety Administration (NHTSA) A pedestrian is defined as any person not in or upon a motor vehicle or other vehicle. In 2007, 4,654 pedestrians were killed in traffic crashes in the United States, a decrease of 13 percent from the 5,321 pedestrians killed in 1997.  On average, a pedestrian is killed in a traffic crash every 113 minutes and injured in  a traffic crash every 8 minutes.  There were 70,000 pedestrians injured in traffic crashes in 2007.

As an experienced car/pedestrian attorney I’d also advise you that the best way to reduce pedestrian injuries and deaths in Tennessee is to obey existing traffic laws and exercising caution when you are behind the wheel of a motor vehicle. Stay alert and avoid distractions like cell phones and loud music. Keep your eyes on the road and save a life.

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

Pedestrian Fatlities Down

As an experienced Tennessee automobile accident lawyer I have seen a lot of things related to automobile accidents. Pedestrian fatalities are especially vexing to investigate. Even if you have eye witnesses who saw the victim step out and get mowed down by a fast moving vehicle, they still can’t tell you what caused the person to disregard a moving vehicle and step into it’s path.

Reference an article on the web page of the Johnson City Press reporting on a fatal accident where a woman stepped off the curb in front of a car and lost her life.

Last year alone, 61 pedestrian fatalities occurred on Tennessee highways. While the incidence of  Tennessee pedestrian traffic crashes involving pedestrians has declined at a steady pace over the last several years, there is still a great need to ensure the safety of all roadway users.”

According to the National Highway Traffic Safety Administration (NHTSA) pedestrian is defined as any person not in or upon a motor vehicle or other vehicle. In 2007, 4,654 pedestrians were killed in traffic crashes in the United States, a decrease of 13 percent from the 5,321 pedestrians killed in 1997.

On average, a pedestrian is killed in a traffic crash every 113 minutes and injured in a traffic crash every 8 minutes.  There were 70,000 pedestrians injured in traffic crashes in 2007. Most pedestrian fatalities in 2007 occurred in urban areas (73%), at non-intersection locations (77%), in normal weather conditions (90%), and at night (67%).

More than two-thirds (70%) of the pedestrians killed in 2007 were males. In 2007, the male pedestrian fatality rate per 100,000 population was 2.19, more than double the rate for females (0.91 per 100,000 population). In 2007, the male pedestrian injury rate per 100,000 population was 26, compared with 20 for females.

TDOT’s Bicycle and Pedestrian policy

In Tennessee the Department of Transportation created a policy which specifically addresses the need to improve transportation conditions for pedestrians by designing infrastructure that provides safe, accessible facilities for walking on all new and reconstructed state highways. As a result, many of Tennessee’s roadways are now safer and more accommodating to pedestrian travel.”

As an experienced Nashville car/pedestrian attorney I’d also advise you that the best way to reduce pedestrian injuries and deaths in Tennessee is to obey existing traffic laws and exercising caution when you are behind the wheel of a motor vehicle. Stay alert and avoid distractions like cell phones and loud music. Keep your eyes on the road and save a life.

If you or a loved one is injured or killed in a Tennessee automobile accident while they are a Pedestrian, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates.

Safety And Courtesy

As the holidays approach I am reminded of the dark side of the holiday buying season and that is the craziness that surrounds what has come to be known as “Black Friday”. I’d like to take this opportunity to remind my readers to pay particular attention to the rules of the road and to practice safe driving, especially in and around the parking lots of shopping centers. Watch out for pedestrians, especially children in parking lots.

There seems to be a frantic nature about this day, we see people getting trampled as stores open before dawn, normally peaceful people get into fist fights over merchandise and parking spots. On the road this day is know by the Tennessee Highway Patrol for the higher number of calls regarding aggressive driving.

On a day like this it is hard for drivers to focus their attention on the task at hand. So little time, so many multi-taskers. If you’re driving your vehicle, you are already multitasking. At a minimum you are: operating a piece of heavy machinery at high speed; navigating across changing terrain; calculating speeds and distances; and responding to all the other drivers and obstacles around you. Putting one more activity in the mix, even talking to your passengers or changing a radio station can be enough to make you lose control of your vehicle or fail to respond in an emergency.

Many road and parking lot rage incidents have resulted from drivers overreacting and allowing their egos to stand in the way of common sense and good judgment rather than safely reporting aggressive driver incidents. A simple display of common courtesy will often be appreciated and may even become contagious. Try it!

If you or a loved one is injured or killed in a Black Friday road incident 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.

Safe Driving Pays Off

At lunch the other day one of my friends posed the question, “What steps can be taken to make me a safe driver?” I’ve been thinking about that question since then and then I read an article on the web site for the AAA Foundation For Traffic Safety which I’d like to share with you. Although nothing can make you 100% safe as you cruise the highways and byways of Tennessee these tips might just save a life.

Tips to Being a Heads Up Driver

1. PLAN AHEAD – Read maps and check traffic conditions before you get on the road.

2. STOW ELECTRONIC DEVICES-  Turn off your phone before you drive so you won’t be tempted to use it while on the road. Pull over to a safe place to talk on the phone or to send and receive text messages or emails.

3. PREPARE KIDS AND PETS FOR THE TRIP-  Get the kids safely buckled in and situated with snacks and entertainment before you start driving. If they need additional attention during the trip, pull off the road safely to care for them. Similarly, prepare and secure pets appropriately in your vehicle before getting underway.

4. SATISFY THAT CRAVING OFF THE ROAD-  Eat meals and snacks before getting behind the wheel, or stop to eat and take a break if driving long-distance.

5. STORE LOOSE GEAR AND POSSESSIONS-  Stash away loose objects that could roll around and take your attention away from driving.

6. GET YOUR VEHICLE ROAD-READY-  Adjust seat positions, climate controls, sound systems and other devices before you leave or while your vehicle is stopped.  Make sure your headlights are spotless so you can see everything on the road and every other driver can see you better. Keep your windshield clean and remove dangling objects that could block your view.

7. DRESS FOR SUCCESS – BEFORE YOU GET IN THE CAR-  Your car isn’t a dressing room.  Brush your hair, shave, put on make-up, and tie your necktie before you leave or once you reach your destination.

8. GET YOUR BRAIN IN THE GAME-  Focus on the task at hand, driving safely. Scan the road, use mirrors and practice identifying orally what you just saw to enhance your engagement as a driver. Really focusing on maintaining your thoughts about the road, when you’re on the road, can help you improve your overall awareness and behavior as a driver, and help you see the importance of ‘being in the game.’

9. EVALUATE YOUR OWN BEHAVIOR FROM THE ‘OTHER’ SIDE OF THE ROAD-  When you’re on the road as a passenger or a pedestrian, take a look around and honestly evaluate whether you engage in poor driving behaviors that worry you when observed in other passengers or pedestrians.

Even if you use all of these suggestions there is no guarantee that something bad won’t happen but if each and every one of us would practice these simple safety principles the fatality rates would decrease quickly. If you have teen age drivers think of the example you are showing them.

If you or a loved one is injured in a Tennessee automobile accident you owe it to yourself to take advantage of a free consultation with an experienced Tennessee accident lawyer from Phillip Miller & Associates.

When a car and a pedestrian collide the outcome is usually bleak. Thus was the case in Lexington, Kentucky, as reported in the Knoxville News-Sentinel, when Anthony Gibbs, 24, of Clinton, Tennessee was crossing the street and was struck by a car. Mr. Gibbs was taken to the University of Kentucky Medical Center where he remains in a coma. My prayers go out to Mr. Gibbs, his family and friends.

An added twist to the sad story is that the suspected driver, Hector Alviter-Rivera, 23, left the scene of the collision and later his car was found abandoned. According to the article, police believe Mr. Rivera has fled the area.

In 2007, according to The National Highway Traffic Safety Administration, (NHTSA) 4,654 pedestrians were killed in traffic crashes in the United States, a  decrease of 13 percent from the 5,321 pedestrians killed in 1997. On average, a pedestrian is killed in a traffic crash every 113 minutes and injured in a traffic crash every 8 minutes. There were 70,000 pedestrians injured in traffic crashes in 2007. Most pedestrian fatalities in 2007 occurred in urban areas (73%), at non-intersection locations (77%), in normal weather conditions (90%), and at night (67%). More than two-thirds (70%) of the pedestrians killed in 2007 were males. In 2007, the male pedestrian fatality rate per 100,000 population was 2.19 more than double the rate for females (0.91 per 100,000 population). In 2007, the male pedestrian injury rate per 100,000 population was 26, compared with 20 for females.

What kind of a low-life hits a pedestrian and leaves the victim lying in the street fighting for their life? This kind of accident happens far too often. In Tennessee in 2008 61 pedestrians were killed by motor vehicles. Most of the time the driver had been either under the influence of alcohol, driving with an invalid license, which had probably been suspended or revoked for prior traffic violations, or they just didn’t want to accept responsibility for their actions.

If you witness a pedestrian/automobile collision take stock of your surroundings and identify the vehicle and, above all, before you attempt to render care to the victim make sure that you will not become a second victim. If you or a loved one is injured in a Nashville pedestrian/motor vehicle collision contact the experienced Nashville accident attorney’s at Phillip Miller & Associates, and get a

Share The Road

so that you can best evaluate your rights and remedies.

Pedestrian Safety

Each year pedestrian fatalities comprise about 11 percent of all traffic fatalities and there are approximately 4,600 pedestrian deaths. Another 70,000 pedestrians are injured in roadway crashes annually. A pedestrian is defined as any person not in or upon a motor vehicle. On average, a pedestrian is killed in a traffic crash every 113 minutes and injured in a traffic crash every 8 minutes. There were 70,000 pedestrians injured in traffic crashes in 2007. Most pedestrian fatalities in 2007 occurred in urban areas (73%), at non-intersection locations (77%), in normal weather conditions (90%), and at night (67%). More than two-thirds (70%) of the pedestrians killed in 2007 were males. In 2007, the male pedestrian fatality rate per 100,000 population was 2.19  more than double the rate for females (0.91 per 100,000 population). In 2007, the male pedestrian injury rate per 100,000 population was 26, compared with 20 for females.

As we navigate the sidewalks and roadways on foot we must be particularly careful to keep a watch out for motor vehicles. Of particular importance is safety in parking lots. As we come and go from shopping, whether for groceries or other items, when we are walking in a parking lot we are most vulnerable to being hit by a car.

Witness a recent accident involving a Knox County family. According to an article on the website for  Knoxville TV station WBIR, Brad and Jessica Ingram and their two children were running errands and as they were leaving a shopping center parking lot, Mr. Ingram suffered a seizure and his foot landed on the accelerator. The van he was driving raced forward at full speed directly at a large retail store entrance. At the last second Jessica ingram grabbed the wheel and the vehicle hit a pylon and rolled over trapping the family inside. Fortunately none of the dozens of pedestrians who were in the area were injured. This situation could have turned out badly. It illustrates my main point here and that is that we have to be alert and free from distractions wherever we are.

Fortunately, these same pedestrians who were moments before in dire jeopardy acted quickly to pull the family from the vehicle and all were provided medical treatment and released. Neither of the children, each safely secured in car seats were injured.

If you or a loved one is injured in a Nashville pedestrian/car accident contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.  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.