Feb152010

Nashville Automobile Accident Attorney Reviews Factors Related to the Likelihood Of a Passenger Vehicle Occupant Being Ejected in a Fatal Crash

Prevent Ejection

Prevent Ejection

To the regular readers of my Blog, “The Tennessee Auto Accident Attorney“, know that I am a statistics Wog. I believe that when Tennessee drivers see the numbers behind traffic deaths and serious injury accidents that they are more than likely to change their driving habits. Thus, the goal of my Blog is to give you those numbers in the hope that you will pass them on to your friends and family. I have regularly written about the benefits of using your seat belts to prevent ejection during a Tennessee traffic accident. The following data is just in from the National Highway Traffic Safety Administration.

Restraint use is clearly designed to reduce injury severity and prevent occupants from being ejected from their vehicles. This data provides examples of the benefits of restraint use with regard to its relationship with ejection status and injury severity, and examines many other factors and their impact on the likelihood that a passenger vehicle occupant in a fatal crash will be ejected. Factors examined include vehicle model year, speed limit at the location of the crash, rollover status, vehicle type, occupant age, and seat position.

Among fatal crashes involving passenger vehicles of model year (MY) 1985 through 1998, almost 15 percent of the passenger vehicle occupants were partially or totally ejected.  Among newer passenger vehicles starting with MY 1999, this percentage declined with later model year vehicles, down to 9.8 percent of the MY 2005 and later vehicles.  Among SUVs of MY 1989 through 1998, a higher 21 to 24 percent of the SUV occupants in fatal crashes were ejected.

Starting with MY 1999, this ejection percentage experienced a steeper decline as the model year of the vehicle became more recent.  The percentage ejected dropped to as low as 9.9 percent of the SUVs of MY 2005 and later. The corresponding decline was also large among vans, from 15 percent for vans of MY 1993 down to 8.0 percent for MY 2005 and later.  The decline was less steep among passenger cars, dropping from around 11-12 percent among MY 1986 through 2000, down to around 9.0 percent among MY 2005 or later.

The gradual decline among pickups was from around 18-22 percent up to MY 1994, down to 12.7 percent among MY 2005 or later. Among newer model year passenger vehicles, there has been a decline in the percentage of occupants who are in single-vehicle crashes, as well as the percentage of occupants that are in roadway departure crashes. Another trend among newer model year vehicles is the increase in restraint use among the occupants.

These trends are associated with the reduction in the percentage of passenger vehicle occupants ejected among newer model year vehicles  Occupants of passenger cars, pickups, and SUVs were more than 4 times as likely to be ejected when in single-vehicle fatal crashes versus when in a multivehicle fatal crashes.  Van occupants were approximately 3 1/2 times more likely to be ejected when in single-vehicle fatal crashes compared to multivehicle fatal crashes.  In single-vehicle fatal crashes, SUVs and pickups had more than 30 percent of their occupants ejected.

The percentage of occupants who were ejected was roughly twice as high when the speed limit was 60 mph or higher (18.6%) versus when the speed limit was 40 mph or less (9.6%).  When the road had “no statutory limit,” the percentage of occupants who were ejected was highest, at 23.5 percent. Overall, only 2.0 percent of passenger vehicle occupants who were restrained were ejected from their vehicles, while 35.3 percent of unrestrained occupants were ejected.

Among the occupants who were ejected from their passenger vehicles during fatal crashes, more than 10 times as many unrestrained occupants were ejected compared to restrained occupants.  Passenger vehicle occupants in fatal crashes who were ejected from their vehicles were 2.3 times as likely to be fatally injured compared to passenger vehicle occupants who remained inside their vehicles. Over three-quarters of the passenger vehicle occupants who were ejected in fatal crashes were not able to survive the crashes. More than 70 percent of the passenger vehicle occupants who were ejected in fatal crashes were involved in rollovers.

Just imagine yourself getting into a traffic accident and you are being ejected from the vehicle and you are flying, at a high rate of speed, toward a bridge support made out of solid concrete which is eight feet in diameter. Your out of control body is moving through space at about 35 mph or faster when you hit the concrete. Try this imagination exercise every time you get into your car just before you start the ignition.

If you have any questions about Tennessee driving safety or if you or a member of your family is involved in a Tennessee automobile accident contact the experienced Tennessee personal injury automobile accident lawyers at Phillip Miller & Associates and find out about your rights and remedies.

Feb92010

Nashville Personal Injury Lawyer Reminds Us Why We Should Wear Our Seat Belts

Click It Or Ticket

Click It Or Ticket

As an experienced Tennessee personal injury automobile accident lawyer I am constantly amazed when I read about a fatal Tennessee highway accident and the victims were not wearing their seat belts. I mean, how hard is to take two seconds and buckle yourself up? Be a responsible driver and don’t move your vehicle untill all of yoour passengers are buckled. Be a good example for your children, they watch everything that you do when you are driving.

The use of safety belts, child restraint safety seats and child booster seats are required by Tennessee law. These can help save you and your passengers’lives in the event of a traffic crash.  Tennessee law enforcement officers can stop drivers and issue citations for failure to observe the seatbelt or child restraint laws.   Officers can stop and ticket drivers solely for disobeying Seatbelt and Child Restraint Device (CRD) laws. 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.

Seat belts and child safety seats help prevent injury five different ways, by:

1. Preventing ejection: Ejection greatly increases the chance of death or serious injury.  The chance of being killed in a crash by being ejected from a vehicle is one in eight.  Safety belts virtually eliminate ejection.  The belted driver stays inside the car and is better protected from injury.

2. Shifting crash forces to the strongest parts of the body’s structure.  To get the most benefit from a seat belt, be aware of the following points:

• The lap belt should be worn low over the pelvis with the bottom edge touching the tops of the thighs snugly.

• The shoulder belt should be worn over the shoulder and across the chest, not under the arm and over the abdomen.  Make certain that the shoulder belt is not worn so loosely that it slides off the shoulder.

• Pregnant women should wear the lap belt below the abdomen and the shoulder belt above the belly.

3. Spreading crash forces overa wide area of the body. Safety belts reduce the possibility of injury from “hostile” surfaces inside the car (steering wheel, dashboard, windshield, controls, etc.).  Even if the belted driver collides with some of these surfaces, it happens with much less force and often results in less serious injury.

4. Keeping the body more closely in the “proper driving posture.” The belt keeps the driver “in the driver’s seat.”  The belted driver is better able to deal with emergencies and often avoids more serious trouble.

5. Protecting the head and spinal cord. The belted driver is less likely to be stunned or made unconscious by the crash and is better able to cope with the situation. Research has found that proper use of lap/shoulder belts reduces the risk of fatal injury to front seat passenger car occupants by 45 percent and the risk of moderate-to-critical injury by 50 percent (for occupants of light trucks, 60 percent and 65 percent respectively)

If you or a loved one is injured or killed in a Nashville or Tennessee car crash 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.

Dec122009

Seat Belts Save Lives – Why Is This Message Lost On Some People?

Seat Belts Work

Seat Belts Work

The use of safety belts, child restraint safety seats and child booster seats are required by Tennessee law. These can help save you and your passengers’lives in the event of a traffic crash.  Tennessee law enforcement officers can stop drivers and issue citations for failure to observe the seatbelt or child restraint lawsTennessee 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.

Seat belts and child safety seats help prevent injury five different ways, by:

1. Preventing ejection: Ejection greatly increases the chance of death or serious injury. The chance of being killed in a crash by being ejected from a vehicle is one in eight.  Safety belts virtually eliminate ejection.  The belted driver stays inside the car and is better protected from injury.

2. Shifting crash forces to the strongest parts of the body’s structure.  To get the most benefit from a seat belt, be aware of the following points:

• The lap belt should be worn low over the pelvis with the bottom edge touching the tops of the thighs snugly.

• The shoulder belt should be worn over the shoulder and across the chest, not under the arm and over the abdomen.  Make certain that the shoulder belt is not worn so loosely that it slides off the shoulder.

• Pregnant women should wear the lap belt below the abdomen and the shoulder belt above the belly.

3. Spreading crash forces overa wide area of the body. Safety belts reduce the possibility of injury from “hostile” surfaces inside the car (steering wheel, dashboard, windshield, controls, etc.).  Even if the belted driver collides with some of these surfaces, it happens with much less force and often results in less serious injury.

4. Keeping the body more closely in the “properdriving posture.” The belt keeps the driver “in the driver’s seat.”  The belted driver is better able to deal with emergencies and often avoids more serious trouble.

5. Protecting the head and spinal cord. The belted driver is less likely to be stunned or made unconscious by the crash and is better able to cope with the situation. Research has found that proper use of lap/shoulder belts reduces the risk of fatal injury to front seat passenger car occupants by 45 percent and the risk of moderate-to-critical injury by 50 percent (for occupants of light trucks, 60 percent and 65 percent respectively)

As an experienced Nashville automobile accident attorney it seems like a “no-brainer” that when we get behind the wheel of a motor vehicle we buckle our seatbelts, but when one monitors automobile accidents around the state like the experienced Nashville automobile accident attorney’s do at Phillip Miller & Associates, we see so many needless serious injuries and deaths that could have been avoided if the driver had simply fastened their seat belt.

Aug72009

Reckless driver lives while passenger dies.

gravesideThe Knoxville News Sentinel reported that speed was a factor in a fatal one-car crash in rural Karns Tennessee. Tennessee automobile accident lawyers see this situation far too often. The driver speeds and loses control and a passenger, possibly a family member or friend pays with his life. Nearly 1/3rd of accident fatalities involve speeding.

A 22 year old man was driving a 1994 Acura at a high rate of speed on a narrow two lane road when he lost control, left to road and hit a tree on the passenger side. His forty-four year old friend and neighbor was pinned in the car and died at the scene. The passenger was wearing his seatbelt but the driver was not. The driver was taken to the University of Tennessee Medical Center and released later.

There is no question that use of seat belts save lives, but instances like this tend to reinforce those who want to deny the science and statistics. There is no doubt that seat belts save lives. This was an unfortunate death where the passenger was trapped in the car. We can be glad that someone survived, nothing would have been proven by the death of the 22 year old driver. We can only hope that this lucky young man appreciates this gift of life, and lives the rest of his life paying back for what he has taken away from the family and friends of his passenger.

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Jul312009

Seat belts Must be Used

As a Nashville and Tennessee car accident lawyer I am still amazed when I hear of someone driving a motor vehicle without securing his/her seatbelt. In my Tennessee car accident practice I have seen so many automobile collisions that ended up with fatalities that could have been prevented if they would have just taken a second to buckle up.  Although Nashville police and Tennessee State Troopers can issue tickets for seat-belt violations, it isn’t enough for some people.

The Knoxville News Sentinel reported just such an accident last week in New Tazewell. Steven Thomas was driving his 1994 Ford pickup truck at a high rate of speed, over-corrected sending the truck up an embankment tossing Thomas out of the truck to the roadway. The truck continued up the embankment, rolled over and crushed Thomas who died immediately. A Tennessee state Trooper opined that the victim most likely would not have died, nor even sustained serious injury had he been wearing his seatbelt.

Remember, when you get behind the wheel and you speed you are putting the lives of others in danger. Luckily for other Knox County drivers no one else was injured by Mr. Thomas’ bad driving.