Hit & Run Fatality

What kind of person, what deeply flawed kind of person would hit a pedestrian with a motor vehicle and then flee the scene leaving the pedestrian to die alone in the gutter? For my way of thinking I can’t print what I think about them.

As an experienced Tennessee auto accident lawyer I read about a number of different types of Hit & Run cases. Drivers hit pedestrians, other car, trucks, some hit ditches, and they all leave the scene.

I look forward to the time that Memphis police capture the Hit & Run driver that killed a pedestrian near Germantown Parkway and Walnut Grove tonight. Thankfully a witness saw the collision and called it in to police. Police found a 38-year-old man dead at the scene. This where citizens come in, someone somewhere will have information to share with police and what they do with this information will define them.

Most H&R drivers are under the influence of alcohol, others have already run afoul of the law and have lost their driving privileges, yet they continue to get behind the wheel and ignore the rules. Many H&R drivers are trying to avoid detection because they don’t have insurance and they don’t want to face the responsibility for their actions.

If you or a loved one are injured or killed in a Tennessee auto accident caused by a drunken Hit & Run driver, contact the experienced Nashville personal injury lawyers at Phillip Miller & Associates.

As an experienced Nashville auto accident lawyer I regularly write about distractions that result in fatalities. In many of these fatal accidents the culprit is a cell phone. Studies show that a person talking on a cell phone, whether hands on or hands free, are as impaired as a driver who is above the legal level for drunk driving.

Reference a tragic fatal accident reported in this morning’s edition of the Memphis Commercial-Appeal. A 31-year-old man survived a roadway departure crash which occurred when he left the road, hit a concrete culvert and flipped several times before landing, up side down in the middle of the highway.

After extricating himself from the wrecked vehicle he was using his cell phone to call for assistance. He was obviously distracted while talking to emergency responders and walked out into the roadway where he was struck and killed by an SUV. An autopsy will be performed to determine whether alcohol was involved in this death.

This situation brings up several important topics. The first topic for investigators to explore is what caused the initial wreck. Was he drinking? Was he speeding? Was he distracted by something and took his eyes off of the road? Since it very early morning, had he been out all night and fell asleep at the wheel?

The final results of this investigation may mean little to the family and friends of this man. My prayers go out to them. But what is the message for the rest of us? The answer is, when we are behind the wheel of a motor vehicle we have to be alert and in a fit condition and up to the task.

If you or a loved one is injured or killed in a Tennessee car crash caused by a distracted or drunk driver, act quickly and call the experienced Tennessee automobile accident attorneys at Phillip Miller & Associates

Cell Phone Distration Is Fatal

and let them work with you through the process of securing compensation for your injuries and other damages.

Blind Driver Kills Pedestrian

Back in August 2009 in my blog “The Tennessee Auto Accident Attorney” I reported on an incident in Johnson City Tennessee in which a driver who was legally blind and receiving Social Security Disability for his blindness, was driving a pickup truck when he ran down and killed a pedestrian. As strange as it sounds, it’s true.

Yesterday, the 59-year-old man plead guilty to vehicular homicide  by recklessness and three counts of reckless endangerment. As the result of his plea he was sentenced to seven years in prison on the vehicular homicide and three years each for the reckless endangerment. He’s already served 25 months in jail and with credit for time spent he will served fifteen years on probation.

The facts showed that even after he killed the pedestrian he was stopped driving three more times, once when he drove himself to the police station to give a statement about the pedestrian fatality. This guy obviously doesn’t get it. I read several media reports about the sentencing and did not find in any of them a procription by the sentencing judge on this man driving in the future.

So why is it that one fatal crash in five (20%) involves a driver who is unlicensed or whose license is suspended, canceled, or revoked? Unlicensed drivers are almost five times more likely to be in a fatal crash than are validly licensed drivers.  Nationally two-thirds of drivers continue to drive while under suspension. I assume that if this guy is caught driving again his probation will be revoked and he will be sent back to jail for the remainder of his sentence. I just hope no one else has to die before he gets the picture.

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.

If you or a loved one is injured or killed by an unlicensed driver getting compensation might prove difficult without the help of aan experienced Tennessee automobile accident lawyer like those you will find at Phillip Miller & Associates. Come in for a free consultation so that you can make an informed decision on what action you will need to take to secure your remedy.

Tennessee Dram Shop Act

In some Tennessee automobile accidents an experienced Tennessee automobile accident attorney will be able to identify entities other than a drunken driver who may be liable for damages because of their actions leading up to the collision. A good example is exemplified by a lawsuit filed the other day in Hamilton County Circuit Court. I read about the suit in the Chattanooga Times-Free Press and a friend sent me a copy of the Complaint.

The complaint names a local bar, The Chattanooga Billiard Club which had a policy of providing free alcohol to employees in violation of a local ordinance which prohibits bar employees from drinking at their place of employment. (on or off the clock). Another ordinance prohibits the sale of alcohol to anyone between the hours of 3 AM to 8 AM.

According the suit an employee of the Defendant bar a 25-year-old man finished his shift at 3 AM and took advantage of the free booze policy drinking until sometime around 7 AM when he left the bar highly intoxicated and drove away. Within minutes of leaving the bar he ran a red light and hit and killed a female pedestrian. He left the scene, leaving the woman to die alone in the street.

He went home and called 911 to report his car stolen in an attempt to avoid responsibility for his actions. He was charged with vehicular homicide and DUI. Also sued was the driver’s stepfather who owned the vehicle that was the weapon used to cause the death of this unfortunate woman. My prayers go out to the family and friends of the victim who suffered this terrible loss. I also include the young man and his family, may he find peace and come to terms with his actions and the consequences thereof.

The Tennessee Dram Shop law establishes liability arising out of the irresponsible sale or provision of alcohol to obviously intoxicated persons or minors who subsequently cause death or injury to third parties as a result of alcohol-related car crashes and other accidents. I will keep up with this case and report later on the outcome.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a drunk driver and you hope to recover all of the damages the law allows you need to consult with an experienced Tennessee automobile accident attorney like those at Phillip Miller & Associates. We offer a free consultation so that you can gain the information you will need to face this odyssey through the legal system.

It can happen in an instant. A Tennessee motor vehicle operator takes his eyes off of the road for a second or two and the landscape ahead changes. So it happened for a Clarksville Tennessee driver on his way home from work the other morning. According to news reports the driver said he was changing lanes and looking in his review mirror. When he looked ahead there was a pedestrian in the roadway. He couldn’t avoid the collision and the unnamed pedestrian was killed. Our prayers go out to the friends and family of the victim and to the driver who will face a lifetime of questions.

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) 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. 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 an experienced Tennessee car/pedestrian accident attorney I’d advise you that the best way to reduce pedestrian injuriesdeaths in Tennessee and 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 are injured or killed in a Tennessee pedestrian accident contact the experienced Nashville automobile accident attorneys at Philip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.