Aug282010

Nashville Automobile Accident Lawyer Talks About Peer Pressure For Tennessee Teen Drivers

Restricted Licenses Save Teen Lives

Restricted Licenses Save Teen Lives

As an experienced Tennessee auto accident lawyer I have read research reports that say that with teen drivers the risk of a fatal crash goes up in direct relation to the number of teenagers in the car. In Tennessee the Graduated Drivers License law restricts the number of passengers for a driver on an intermediate license to one.

UNLESS:

  • One or more of the passengers is age 21 or older and has a valid, unrestricted license;
  • The passengers are brothers and sisters, step-brothers or step-sisters, adopted or fostered children residing in the same house as the driver and going to and from school AND the intermediate license holder has in their possession written permission from their parent or guardian to transport their siblings. Those with an intermediate license are prohibited from driving between the hours of 11 p.m. and 6 a.m.

UNLESS:

  • They are accompanied by a parent or guardian;
  • They are accompanied by a licensed driver 21 or older who has been designated by the parent or guardian. This designation must be in writing and be in the possession of the teen driver;
  • They are driving to or from a specifically identified school sponsored activity or event and have in their possession written permission from a parent or guardian to do this;
  • They are driving to or from work and have in their possession written permission from a parent or guardian identifying the place of employment and authorizing the driver to go to and from work;
  • They are driving to or from hunting or fishing between 4 a.m. and 6 a.m. and have in their possession a valid hunting or fishing license.

According to the AAA Foundation for Traffic Safety, over the 10 years from 1998 through 2007, there were 24,655 drivers ages 15 through 17 involved in fatal crashes. These crashes killed 28,138 people, of whom 10,388 (36.9%) were the 15-, 16-, and 17-year-old drivers themselves. However, the majority of fatalities in those crashes (63.1%) were people other than those drivers, and included 8,829 of their passengers, 6,858 occupants of vehicles operated by drivers age 18 or older, and 2,063 non-motorists and others.

On a positive note, the number of young drivers involved in fatal crashes each year decreased substantially over the years analyzed, with 776 fewer drivers age 15 to 17 involved in fatal crashes in 2007 than in 1998, resulting in the deaths of 311 fewer young drivers and 540 fewer deaths of other people in 2007 than in 1998. There was also a substantial decrease in the fatal crash involvement of adult drivers over the same period; however, the decrease in the fatal crash involvement of young drivers and people killed in those crashes was significantly larger than what would have been predicted from the decrease in the fatal crash involvement of adults.

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

Aug182010

Nashville Auto Accident Lawyer Takes A Look At The Brain Of A Teenager

Teen Angst

Teen Angst

The May 10, 2004, issue of Time magazine ran a cover story on the “Secrets of the Teen Brain.” The main premise of this article is that new research suggests that teens have less control over their actions and are less capable of fully rationale behavior than originally thought. Rather than reaching maturity at 12 or 13, scientists now believe that the human brain is not fully developed until age 25.

The area of the brain that is the last to develop is the prefrontal cortex, home of the executive functions of planning, setting priorities, suppressing impulses, and weighing the consequences of one’s actions. This is the part of the brain that eventually will make the teenager more responsible, but it is a long way from being developed when teens first get their driver’s licenses.
Hormones also play a part in teen behavior. Sex hormones are most active in the limbic center, which controls emotions.

Teens tend to seek out experiences that cause their passions to run wild. It contributes to the adolescent tendency to thrill-seek. The immaturity of the nucleus accumbens may cause teens to be poorly motivated to seek rewards. They tend to seek situations with high excitement that involve minimal effort. Street racing clearly meets this desire while buckling up and driving conservatively because it may save your life just does not sell.

The significance of this research for traffic safety has yet to be defined. As one scientist pointed out, rental car companies will not let you rent a car until you are 25 years old, yet most States give 16-year-olds licenses to drive. It is not likely that the driving age will be raised to 25, but a case could be made for more extensive research into what is reasonable to expect from teenagers and how the system can be modified to better protect them from themselves.

If you or a loved one is injured or killed in a Nashville auto accident caused by a teen driver the law can be complex and you owe it to yourself to consult with experienced Nashville auto accident lawyers like those you can find at Phillip Miller & Associates.

Aug172010

Nashville Auto Accident Lawyer Questions Whether We Might Prevent Teen Highway Fatalities If We Raise The Minimum Driving Age

Too Young To drive

Too Young To drive

In a recent article in the Nashville Tennessean, writer Jennifer Brooks posits an interesting question,  “Would Tennessee teens be safer as older drivers?” She points out that every year thousands of 15 year-old drivers take to the highways and byways of Tennessee. As an experienced Nashville automobile accident lawyer I can tell you that many of them are dying in urban and rural areas, and taking others with them.

As she points out in her article, “Tennessee is one of the deadliest states for young drivers, and Nashville is one of the most dangerous metro regions.” Citing a 2008 sutdy conducted by Allstate Insurance Co. that shows that Tennessee ranked sixth in the nation for fatal crashes involving teen drivers. She went on to point out that the same study ranked the Nashville-Murfreesboro metro region fourth in the nation for fatal teen crashes.

In an effort to keep young drivers safer, Tennessee introduced a graduated driver’s license law in 2000 to ease teen drivers into the responsibilities of driving and limit the number of unsupervised hours they can spend on the road. She goes on to mention on a recent report by the Tennessee Comptroller that shows there has been a significant drop in the number of traffic crashes involving young drivers from 136 in 2005 for every thousand drivers aged 15-24 to 11 for the same group by 2009.

How would you answer this thoughtful question? If you or a loved one is injured or killed in a Tennessee automobile accident caused by a teen driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates at 615-356-2000 and take advantage of a free consultation to find out about your rights and remedies.

Aug72010

Nashville Automobile Accident Lawyer Talks To Parents Of Teen Drivers

Guide Your Teen On A Dangerous Journey

Guide Your Teen On A Dangerous Journey

As an experienced Nashville automobile accident lawyer I can tell you straight up, it’s not just good parenting, it’s a matter of life and death. Parents need to talk to their kids about traffic safety early and often, even well before they are old enough to drive. When your teen begins driving, we recommend that you set rules and then clearly outline the consequences of breaking the rules.

We know that getting through to your teen can be tough, but research tells us that teens listen to their parents, and that you influence your kid’s driving habits. Remind your teenager that driving is a privilege – a privilege they will lose if they don’t drive by your rules.

Don’t presume to rely on high school drivers education or private lessons to insure that your child will become a safe driver. Set the standard you need to teach safe driving behavior from the beginning. As the parent, you can start by modeling safe driving behavior anytime you drive your kids anywhere, even before they begin to drive. In fact, you can start when they are toddlers in car seats.

Make games out of teaching toddlers about red light green light. Teach them to identify speed limit signs, stop sign and follow the rules yourself. If you talk on your cell phone while you are driving, you are putting your child’s life in danger and you are teaching your child a bad habit that one day might cause her to lose her life or take the life of others.

Talk to your teen about safety issues and the rules you are setting. Explain each one of your rules and the consequences for breaking it. Write up a contract with your teen driver to make sure they drive by the rules and drive as safely as possible. Include the most important issues.

Never forget that more than 5,000 teens (15 – 20 years old) are killed in crashes on our roadways every year. Talk to your young drivers about their driving before and after they have their permit or license. Set the rules for driving and explain the consequences of breaking the rules. In fact, your house rules can be tougher than the GDL laws, based on your assessment of your teen.

To learn more about this and other safe driving issues you can rely on the Tennessee auto accident attorneys at Phillip Miller & Associates, Visit our web site at www.seriousinjury.com

Aug62010

Nashville Automobile Accident Attorney Reminds Parents Of Teen Drivers Of The Consequences Of Drinking And Driving

The High Price Of Teen Drinking

The High Price Of Teen Drinking

As an experienced Tennessee automobile accident attorney I’d like to take this opportunity to talk to the parent’s of teen drivers about an issue that I feel needs to be addressed. That issue is alcohol and driving. Rule No. 1: Absolutely No Alcohol. Teen drivers (ages 15-20) are at far greater risk of death in crashes where alcohol was present than the rest of us, even though they cannot legally purchase or possess alcohol.

The statistics are staggering. In 2007, almost one-third of teen drivers who were killed in crashes had a positive BAC of .01 or higher at the time of the crash, even though it is illegal in all states for anyone under the age of 21 to drive with any trace of alcohol in their system.  On average over the last five years, one-fourth (25%) of the deaths in motor vehicle traffic crashes occurred when a teen driver had a BAC of .01 or higher.

Teach your children that the consequences are grim. If your teenager is lucky enough to survive a crash, they will have to face the consequences of breaking the law. That includes a trip to jail, the loss of their driver’s license, and dozens of other expenses including attorney fees, court costs, and other fines. They will also stand to lose academic eligibility, college acceptance, scholarship awards, and more. Let me reiterate, if they get a DUI they can, and often are, denied any and all grants, scholarships or student loans.

In the event one of their peers or another driver dies they will have to stand for that act for life. My friends, this is some serious business and if you don’t make this clear to your child you are likely to face a lawsuit that put everything you have worked for in jeopardy.

If you or someone you love has been hurt in a serious Tennessee 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 a Tennessee 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 Phillip Miller & Associates, 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.

Jul252010

Tennessee Teen Driver In Serious Condition After Drag Racing Crash

When I think of a drag racing car I think about a thousand other vehicles before I come to a Toyota Echo, but when you factor in a 16-year-old driver and a 13-year-old boy on a dirt bike anything can happen. Reference a recent serious accident in Kingsport Tennessee involving, you guessed it, a 16-year-old girl driving a Toyota Echo and a 13-year-old boy on a dirt bike. It didn’t end well.

Witness told police that these children raced in a residential area when the Toyota driver lost control, went airborne and hit a utility pole splitting in half and landing on it’s roof in the yard of a residence. The driver was trapped in the car and had to be extricated by emergency personnel. She is hospitalized in very serious condition. My prayers go out to her and family as well as my wishes for a speedy and complete recovery.

Motor vehicle crashes are the leading cause of death for American teens. Most Americans typically learn to drive during the teen years, when the brain is not fully mature yet. Recent research is beginning to give us insight why many teens have difficulty regulating risk-taking behavior:

* The area of the brain that weighs consequences, suppresses impulses and organizes thoughts does not fully mature until about age 25.

* Hormones are more active in teens, which influence the brain’s neuro-chemicals that regulate excitability and mood. The result can be thrill-seeking behavior and experiences that create intense feelings.

Teen Drag Racing Crash

Teen Drag Racing Crash

In addition to laws, safety experts agree that parents play a key role in helping teens become good drivers. Parents should not rely solely on drivers education classes to teach good driving habits and should restrict night driving, restrict the numbers of passengers riding with their teen, supervise practice driving, always require use of seat belts and choose vehicles for safety, not image. Parents can also set a good example by practicing safe driving techniques themselves.

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

Jul232010

Nashville Automobile Accident Lawyer Talks About Talking To Your Children About Using Alcohol

Please excuse me if I have been focused on teen drivers, or more specifically, teen driving fatalities lately but as an experienced Tennessee auto accident lawyer I am aware that this time of year seems to be the beginning of the season of death for our youngsters. I have been thinking a lot lately about teen drinking and driving. I’ve discussed here many times the sad fact that motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group.

The basic reasons behind this statistic are obvious, teen drivers have no experience with the myriad issues faced by drivers with experience, furthermore, they are immature and often takes risks, most often speeding, and are easily distracted which contribute to the increased death rate. Couple these factors with alcohol use and the picture is way more uncomfortable.

According to the US Department of Health and Human Services children become curious and some try drinking as early as 9 years old. Before age 9, children typically view drinking negatively. Between the ages of 9 and 13, they start to view alcohol more positively. Children at this age become more aware of the drinking behavior of their parents and other adults.

Conversation is often more effective before children start drinking. They often start asking questions about alcohol. The reason most children choose not to drink is because their parents talked to them about it.  When you talk to them directly and honestly, they are more likely to respect your rules and advice about alcohol use. Children who start drinking at a young age are more likely to have problems with alcohol later in life.

Children who begin drinking before age 15 are seven times more likely to abuse alcohol or to have alcohol problems as adults. By starting a conversation about alcohol early, you can stop them from making a decision that could potentially harm their health and future. The chances that children will use alcohol increases as they get older.

Studies report that around 10% of 12-year-olds say they’ve tried alcohol, but by age 15 that number jumps to 50%. The sooner you talk to your child about alcohol, the greater chance you have of impacting his or her decisions about drinking. If you don’t talk about it, you’re saying something. What you say to your child about alcohol use is up to you. But remember, if you don’t say anything to your child about drinking, you might give the impression that underage drinking is acceptable.

As an experienced Tennessee automobile accident attorney I strongly suggest that you create your action plan. Personalize a plan for talking to your child about alcohol. Visit my web site at Phillip Miller & Associates or www.underagedrinking.samhsa.gov/why-talk-early.aspx to get information about how to approach this task.

Jul192010

Nashville Automobile Accident Attorney Reports On An Interesting Study On Teen Driving Fatalities

Teen Driving Accidents Kill Others

Teen Driving Accidents Kill Others

As an experienced Nashville automobile accident attorney I have handled more accidents involving teen drivers than a I care to think about. One of the things that I began to notice several years ago is that when teen drivers crash it seems that other parties are impacted more often than in adult accidents. A recent study by the AAA Foundation for Traffic Safety supports my observation.

The AAA Foundation for Traffic Safety analyzed data on fatal motor vehicle crashes from 1998 through 2007 and identified all fatal crashes involving a 15, 16, or 17-year-old drivers of a passenger vehicle. Over the 10 years from 1998 through 2007, there were 24,655 drivers ages 15 through 17 involved in fatal crashes. These crashes killed 28,138 people, of whom 10,388 (36.9%) were the 15, 16, and 17-year-old drivers themselves.

However, the majority of fatalities in those crashes (63.1%) were people other than those drivers, and included 8,829 of their passengers, 6,858 occupants of vehicles operated by drivers aged 18 or older, and 2,063 non-motorists and others. On a positive note, the number of young drivers involved in fatal crashes each year decreased substantially over the years analyzed, with 776 fewer drivers age 15 to 17 involved in fatal crashes in 2007 than in 1998, resulting in the deaths of 311 fewer young drivers and 540 fewer deaths of other people in 2007 than in 1998.

There was also a substantial decrease in the fatal crash involvement of adult drivers over the same period; however, the decrease in the fatal crash involvement of young drivers and people killed in those crashes was significantly larger than what would have been predicted from the decrease in the fatal crash involvement of adults.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a teen driver you owe it to yourself to retain the experienced Nashville car crash lawyers at Phillip Miller & Associates and maximize your recovery.

Jul192010

Distracted Tennessee Teen Driver Barely Avoids Death After Pulling Out In The Path Of A Logging Truck

Distracted Teen Driver

Distracted Teen Driver

Among experienced Tennessee automobile accident attorneys, the Governor’s Highway Safety Association (GHSA), the National Highway Safety Administration (NHTSA), and the Insurance Institute for Highway Safety (IIHS), it is generally agreed that teen drivers have the highest crash risk of any age group. Per mile, the crash rate for 16 year-old drivers is 10 times the rate for drivers between 30 and 59. The basic reasons behind this statistic are obvious, teen drivers have no experience with the myriad issues faced by drivers with experience, furthermore, they are immature and often takes risks, most often speeding, and are easily distracted which contribute to the increased death rate.

A recent Tennessee automobile accident involving a teen driver makes the point that lack of experience and inability to avoid distractions is a major problem on our highways. The case from Johnson City involves a 17-year-old girl who was driving a pickup truck accompanied by three dogs. She was stopped at a stop sign and without warning pulled out directly in the path of a fully loaded log truck. According to investigators she was lucky to have avoided being killed. What was she doing within the seconds leading up to her pulling out into traffic? Was she using her cell phone? Was she distracted by the three dogs with her in the truck? Whatever it was, it kept her from looking at the oncoming traffic before making a decision to pull out.

As an experienced Nashville automobile accident lawyer I have seen far too many teen deaths and I strongly encourage parents to be realistic about the skills and propensities of their children. It’s a time of excitement and dread for every parent, the time when their precious little Bobby or Betty reaches the age when they can drive. Excitement because their child is growing up and the parents can relinquish to job of being the chauffeur for their busy teens and dread because the know in their heart of hearts the dangers that teen drivers face as they take to the highways and byways.

In addition to laws, safety experts agree that parents play a key role in helping teens become good drivers. Parents should not rely solely on drivers education classes to teach good driving habits and should restrict night driving, restrict the numbers of passengers riding with their teen, supervise practice driving, always require use of seat belts and choose vehicles for safety, not image. Parents can also set a good example by practicing safe driving techniques themselves.

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

Jul182010

Nashville Auto Accident Lawyer Shares Important Information To Help You Protect Your Teen Driver

Protect Your Teen Drivers

Protect Your Teen Drivers

As an experienced Tennessee automobile accident attorney I have a dread of this time of year. It seems to me that teens making the transition from high school to college become headlines in the news stories relating horrific fatal traffic accidents. Over the many years I have been in practice I have counseled with so many parents I couldn’t possibly count them, whose children have been seriously injured or killed in a Tennessee auto collision caused by a teen driver.

One of the reasons I spend my time writing these blogs is that I want to remind Tennessee drivers of the dangers that we all face as we take a motor vehicle out on the highways and byways of Tennessee. I recently found something from the Allstate Foundation, an independent, private, non-profit organization funded by subsidiaries of The Allstate Corporation, that I think is a must read for every Tennessee parent.

Learning to drive is a critical milestone in a teen’s life and one in which parents should play an active role. Here are some suggestions:

• Talk to your teen early and often. Discuss the risks anresponsibilities of driving with your child at a young age and keep talking to your teen before, during and after the licensing process.

• Determine if your teen is ready to drive. Not all teens are ready to drive when the law says they can. Driving is a privilege, not a right.

• Don’t rush the process. Just because teens have a permit or license, doesn’t mean they are ready for every driving condition.

• Maximize driver education experience. Seek tips from parents and teens who have recently participated in driver education programs. Remember, driver education is merely a first step in the process. Parents should provide the bulk of supervised driving practice and discussion before, during and after licensure.

• Understand your state’s laws. Every state has Graduated Driver Licensing laws to help new drivers get their initial on-the-road driving experience under lower-risk conditions. Familiarize yourself and your teen with these requirements, and establish your own rules for when, where, how and with whom your teen may drive.

• Empower your teen. Being a passenger in another teen’s car can put your teen at risk. Peer pressure among teens can be both positive and negative. Reinforce how important it is that your teen speaks up in dangerous situations.

• Exert positive peer pressure. Encourage other parents to set appropriate rules for their teens so you can present a united front.

Practice what you preach. Your teen is more likely to be a calm and courteous driver, wear a seat belt and follow the rules of the road if they see you do the same.

Take action and visit www.ProtectTeenDrivers.com to find:

• Complete survey findings

• Downloadable parent-teen driving agreement

• State-by-state Graduated Driver Licensing laws

• Tips for:

– Talking to your teen and other parents about this issue

– Determining if your teen is ready to drive

– Teaching your teen to drive

– Selecting and maximizing the driver education experience

– Encouraging your teen’s high school to help create a safe driving culture

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a teen driver contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.