Jul222010

Tennessee Tractor-Trailer Car Collision Kills Two

Tailgating-Two Dead

Tailgating-Two Dead

As an experienced Tennessee automobile accident attorney I can tell you that if you are distracted in any way as you drive on the highways and byways of Tennessee things can get hinky in just a second or two. Reference an article from the website of the Lexington, Kentucky Herald-Leader about a four vehicle crash on I-75 in East Tennessee.

According to the facts in the article automobiles had stopped on the highway because of an accident ahead. A tractor-trailer driven by a 63-year-old Tennessee truck driver, failed to keep his vehicle under control and rammed into the rear-end of a car carrying five passengers on their way to a religious convocation. The crash killed a 52-year-old woman and a 3-year-old little girl, and injured the others.

Tennessee law states: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” When another driver makes a mistake, you need time to react. Give yourself this time by keeping a “space cushion” around your vehicle. This space cushion will give you room to brake and avoid hazards when needed.

Good drivers keep this safe following distance or space cushion to have a better view of the road. The more space you allow between your car and the car ahead, the more time you will have to see and react to traffic hazards or crashes down the road. Many drivers don’t see as well as they should because they follow too closely (tailgating). The vehicle ahead of them blocks their view of traffic and road conditions. Rear-end crashes are very common and most of these crashes are caused by drivers who are “tailgating.”

What does this mean to you if you or a family member are the victim of a Tennessee tractor-trailer accident and suffer a serious or life threatening injury?  It means that the trucking company has a huge advantage in investigating the cause of the accident and developing a strategy for its defense to any claim that arises. During one of these situations evidence can disappear and negligent drivers can be coached on what to say to police investigators. The trucking company has the benefit of an expert that was actually at the accident scene. This may not be possible for the victim since injuries are usually severe in nature. Needless to say it is important to act quickly so that an expert can examine the evidence on your behalf.

If you or a loved one is injured in a Tennessee tractor-trailer accident caused by a driver who is distracted or following too close, you owe it to yourself to immediately contact the experienced Tennessee tractor-trailer attorneys at Phillip Miller & Associates.

Apr212010

Nashville Auto Accident Attorney Talks About Proper Distance Between Vehicles On State And Federal Highways

Following Too Closely

Following Too Closely

A recent Tennessee tractor-trailer rollover crash on I-24 in Rutherford County, and the subsequent ramming of the truck by another vehicle, brings to mind an important concept in driving safety. How far should you be from the vehicle in front of you? The Tennessee Rules Of The Road give a good guidance on this issue.

There are several driving events that require intense concentration by the driver. A driver must always be on the defensive—thinking about what other drivers might do AND be prepared to respond with proper reactions. In addition, certain conditions, especially bad weather, trigger the need for special knowledge and skills.

To share the road safely, stay a safe distance from the vehicle in front of you. Nationally, safety agencies and driver education programs have tried to define a safe following distance for drivers to maintain. This has ranged from a two to four second following distance. Use the following tips to determine if you are following too closely:

A. As the car ahead of you passes a stationary point on the road (a sign post, driveway, utility pole, etc.), count the seconds it takes you to reach the same spot.

B. Count to yourself “one-thousand and one, one thousand and two,” etc. You should NOT reach the same point on the road before you finish counting to at least “one-thousand-two.” If you do, you are following too closely.

C. Slow down slightly to increase the space between you and the other vehicle. Find another spot to check your new following distance. Repeat this exercise until you are following no closer than two seconds.

This principle will hold true at any speed on state and federal highway with moderate speed limits. However, during inclement weather, interstate highway driving at higher speeds and night driving, the two-second rule should be increased to allow for improved visibility. A minimum of four seconds should allow for better reaction time and a safer space cushion under these conditions.

If you or a loved one is injured or killed in a Tennessee auto accident caused by a driver who was following too closely contact the experienced Tennessee auto accident lawyers at Phillip Miller & Associates and find out about your rights and remedies.

Feb72010

Tennessee Automobile Accident Attorney Talks About Tailgating

Keep A Safe Distance

Keep A Safe Distance

It was just a tiny article in a Nashville media source about a Tennessee school bus accident involving athletes from University School of Nashville. To an experienced Tennessee automobile accident attorney the article spoke volumes. Simply stated, the school bus was traveling on I-40 in Knoxville following a car that stopped suddenly and the school bus rammed into it.

Tennessee law states: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” When another driver makes a mistake, you need time to react. Give yourself this time by keeping a “space cushion” around your vehicle.  This space cushion will give you room to brake and avoid hazards when needed. Good drivers keep this safe following distance or space cushion to have a better view of the road. The more space you allow between your car and the car ahead, the more time you will have to see and react to traffic hazards or crashes down the road. Many drivers don’t see as well as they should because they follow too closely (tailgating).  The vehicle ahead of them blocks their view of traffic and road conditions.

The Two-Second Rule To share the road safely, stay a safe distance from the vehicle in front of you.  Nationally, safety agencies and driver education programs have tried to define a safe following distance for drivers to maintain.  This has ranged from a two to four second following distance.  Use the following tips to determine if you are following too closely:

A.  As the car ahead of you passes a stationary point on the road (a sign post, driveway, utility pole, etc.), count the seconds it takes you to reach the same spot.

B.  Count to yourself “one-thousand and one, one- thousand and two,” etc. You should NOT reach the same point on the road before you finish counting to at least “one-thousand-two.”  If you do, you are following too closely.

C.  Slow down slightly to increase the space between you and the other vehicle.  Find another spot to check your new following distance.  Repeat this exercise until you are following no closer than two seconds.

This principle will hold true at any speed on state and U.S. highways with moderate speed limits.  However, during inclement weather, interstate highway driving at higher speeds and night driving, the two-second rule should be increased to allow for improved visibility.  A minimum of four seconds should allow for better reaction time and a safer space cushion under these conditions.

Another thing an experienced Tennessee car crash lawyer would look into would be whether the bus driver did have sufficient time to stop but was somehow distracted, maybe by a cell phone and hopefully not by texting. No matter how much time you have to react, if you are distracted, all bets are off.

If you are the victim of a Nashville or Tennessee automobile accident caused by a tailgating or distracted driver we urge you to contact our Nashville car accident attorneys today for a free consultation. When you hire an auto accident attorney from Phillip Miller & Associates, you’re getting a well 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.

Oct82009

Reduction In Tennessee Highway Fatalities-Education And Enforcement

Education And Enforcement Reduce Fatalities

Education And Enforcement Reduce Fatalities

An article on Channel 2, WKRN Nashville caught my attention this morning and I’m happy to report the news is positive. Following an interview with a Spokesperson for the Tennessee Highway Patrol Channel 2 reports that Since 2005 Tennessee roadway fatalities have decreased on a consistent basis. According to the article by last October (2008) there had been 805 fatalities on Tennessee roads and this year (2009) there has been a reduction with only 707 fatalities. Now don’t get me wrong, I’m not in any way saying that 707 fatalities is a good thing, but a decrease of this size means that someone is doing something right.

I regularly advise my readers that they can do their parts by following the Rules of The Road by not speeding, tailgating, running red lights or any other thing that puts others in jeopardy. THP officials said they attribute the decrease largely in part to people paying more attention to the law. They go on to say that education and enforcement are getting the people’s attention. Recent educational programs by the State include, DUI, aggressive driving and seatbelt enforcement.

The Staff and automobile accident attorney’s at Phillip Miller & Associates encourage everyone who gets behind the wheel of a motor vehicle in Tennessee to focus on the fact that you are behind the wheel of a weapon that can take your life and the lives of others and you should act accordingly.

If you or a loved one is injured in a Tennessee automobile accident contact the Nashville car accident lawyers at Philip Miller & Associates and find out about your rights and remedies.

http://www.tdot.state.tn.us/

Sep192009

Drive Aggressively in Tennessee And You Will Feel The Heat

As an experienced Tennessee Automobile accident attorney I often find myself discussing different aspects of highway safety and the problems that drivers face and cause as they cruise the highways and byways of our fair state. One of the most important problems of our time most often confuses people. Many times I hear people mix up aggressive driving with road rage when in fact they are two very different things although they have common elements. The National Highway Traffic Safety Administration defines road rage as “an assault with a motor vehicle or other dangerous weapon by the operator or passenger of another motor vehicle precipitated by an incident that occurred on a roadway.”

Feel The Heat

Feel The Heat. One of the most important problems of our time most often confuses people. Many times I hear people mix up aggressive driving with road rage when in fact they are two very different things although they have common elements. The National Highway Traffic Safety Administration defines road rage as “an assault with a motor vehicle or other dangerous weapon by the operator or passenger of another motor vehicle precipitated by an incident that occurred on a roadway.”

Aggressive driving on the other hand includes behavior such as speeding, tailgating, running red lights or stop signs, and weaving in and out of traffic. It is estimated that aggressive driving costs the economy more than $40.4 billion a year, not to mention thousands of fatalities. We have all seen them, these aggressive drivers, they ride on people’s bumpers to force them out of the way, they weave in and out of traffic, their sense of self-importance worn on their sleeves for the world to see.

Today I’ll address the problem of aggressive driving. Aggressive driving behavior typically increases during the summer months, and the only way to put the bakes on it is to use a multi-pronged approach. Three states have been using this multi-pronged approach for several years now and have shown significant results. Maryland alone issued 205,062 tickets during the 2008 campaign, and the number of fatalities for aggressive driving was reduced. In Virginia, 98,474 tickets were issued and in Pennsylvania, 88,302. These states used technology to identify those areas where aggressive driving was a particular problem and they then enlisted the cooperation of local and county law enforcement agencies and stepped up a concerted enforcement policy that followed a creative public education program.

This summer the Tennessee Highway Patrol (THP) is intensified its enforcement efforts aimed at aggressive drivers with the launch of the “100 Days of Summer HEAT” enforcement campaign. All summer long Troopers and local police statewide were very aggressive with speeding motorists, impaired drivers and those not buckled up properly. ”100 Days of Summer HEAT” took place June 18-20, July 2-4 and August 5-7. The THP have been compiling the results of this effort and I’ll report the findings as they are published.

If you witness aggressive driving identify the vehicle (color, make and plate number if possible) and then pull over at the next safe place and call the THP or your local police and report them. Taking a minute to make the call might mean that someone down the line will live on the make it home to see their families. If you are injured, or know someone who is, call out experienced Tennessee accident lawyers and find out about your rights and remedies.

Sep172009

An Avoidable Interstate Highway Death

Speeding and Distractions Kill

Speeding and Distractions Kill

Speeding and distractions for tractor-trailer drivers is a dangerous cocktail. A Nashville based truck rental firm, Diamond Rental has been made party, along with trucking company KDXExpress, the driver Brian DeAngelis, to a lawsuit by the estate of a Wood River man killed in a tractor-trailer car crash on I-57 in Illinois.

A local Edwardsville, Illinois newspaper, The Telegraph, says the suit claims that the decedent was driving along on the Interstate when DeAngelis, driving a 2007 International Harvester tractor-trailer ran into the rear of his vehicle causing him to lose control, cross the median into the path of two other vehicle and killing the Wood River man. The Telegraph reports that the suit claims that DeAngelis negligently failed to keep a proper lookout, failed to reduce his speed to avoid the collision and traveling at a speed in excess of what was prudent, given the conditions of the road.

As an experienced Tennessee tractor-trailer car accident attorney, when I first read this article two things cam to mind. Either the Tractor-trailer driver intentionally ran into the rear of the car, or the driver was somehow distracted and was not watching the road. If I were the attorney for the estate I’d certainly want to look at the cell-phone records for the truck driver. Cell-phones are the number one reason for distraction accidents.

According to a landmark research report released by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI) Driver inattention is the leading factor in most crashes and near 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.

As an experienced Nashville tractor-trailer lawyer I recommend that if you are driving and see a tractor-trailer driving in a dangerous manner, swerving, speeding, tailgating or any other activity that puts other in danger, that you get the identification of the truck, pull over at the first safe place and call the local law enforcement agency and report the driver. A call just might save a life somewhere down the line.

If you or a loved one is injured in a Tennessee tractor-trailer car accident contact our experienced Tennessee accident attorneys and find out about your rights and remedies.

Sep142009

Distracted Drivers Kill

textingIt seems to me, that distracted drivers cause most Tennessee car accidents. According to the National Highway Traffic Safety Administration driver inattention is the leading factor in most crashes and near-crashes. Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event. In studies by the NHTSA the most common distraction for drivers is the use of cell phones. However, the number of crashes and near-crashes attributable to dialing is nearly identical to the number associated with talking or listening. Dialing is more dangerous but occurs less often than talking or listening. Reaching for a moving object increased the risk of a crash or near-crash by 9 times; looking at an external object by 3.7 times; reading by 3 times; applying makeup by 3 times; dialing a hand-held device (typically a cell phone) by almost 3 times; and talking or listening on a hand-held device by 1.3 times. Drivers who engage frequently in distracting activities are more likely to be involved in an inattention-related crash or near crash

If you have ever driven on I-65 coming into Nashville in the morning rush hour you will witness all sorts of idiocy being played out by commuters. Some of the major offenders are aggressive drivers who act like they are driving in a NASCAR race, speeding, sudden lane changes, tailgating, you know who I’m talking about. Another offender is the woman putting on her make-up as she travels in close traffic at 65mph or faster. And then we have the cell phone users and texters whose time is so important to them that they put their lives and the lives of others at risk so that they can keep in touch.

These ideas came to mind when I read an article in the Shelbyville Times-Gazette.  It appears from the article that a Shelbyville Tennessee woman was driving along U.S. 41 when she was distracted while trying to retrieve an unidentified item from her from seat. She undid her seatbelt and reached for the item and left the road, lost control and traveled down a steep embankment coming to rest after crashing into several large trees.

I advise people that before putting the key in the ignition, stop for a moment and remind your self that you are getting behind the wheel of a potentially deadly weapon and that if you want to arrive at your destination alive or without killing others, use common sense and avoid distractions. If you or a loved one is injured in a car accident caused by a distracted driver, call one of our experienced Nashville car accident attorney’s

Don't Be Distracted

Don't Be Distracted

and find out about your rights and remedies.