Texting & Drinking A Dangerous Mix

As an experienced Tennessee auto accident lawyer I can tell you for certain that texting and drinking while driving is a dangerous game, a game that took the life of a Nashville driver last night. Here’s the scene, it’s 4AM and the driver is exiting an interstate highway while drunk and texting. The distraction caused him to leave the road, slide sideways before rolling three of four times and ejecting the driver.

As an experienced Nashville automobile accident attorney we know that these crashes are referred to as “Roadway Departure Crashes” (RDCs). The Federal Highway Administration defines a RDC as a non-intersection crash that occurs when a vehicle crosses an edge line or a centerline, or otherwise leaves the traveled way.

According to the Federal Highway Administration roadway departure crashes are frequently severe and account for the majority of highway fatalities. In 2008, there were 19,794 fatal roadway departure crashes resulting in 22,080 fatalities, which was 53 percent of the fatal crashes in the United States.

Today there are more than 285.6 million wireless subscribers in the U.S. And although public sentiment appears to be turning against cell phone use while driving, many admit they regularly talk or text while driving. The National Highway Traffic Safety Administration estimates that 11 percent of all drivers at any given time are using cell phones, and the National Safety Council estimates more than one in four motor vehicle crashes involve cell phone use at the time of the crash. Cell phone use while driving has become a serious public health threat. In Tennessee and the majority of other state it is illegal to text and drive.

Driver inattention is the leading factor in most 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.

If you or a loved one are involved in a Tennessee automobile accident caused by a distracted texting driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Protect Your Babies

For those who have read my blogs in the past, you know that I often write about people who should be taken off the roads for a good long time. I usually save my rants against these chosen few drivers who really go way out of bounds, and I’m hear to tell you that I have identified a new candidate for the 2009 title.

According to an article on the website of Knoxville TV station WBIR, Margaret Atamanchuk, 22, of Knoxville, may have been drunk and texting when she ran her car into a West Knoxville flower shop. The thing that elevates Ms. Atamanchuk into contention for the worst driver of 2009 was the fact that she had her 21 day old baby in the car with her and the child was not protected in a  child restraint safety seat. According to the article she is being charged with DUI, Careless Driving, Child Restraint Violation, driving left of center and hopefully texting while driving.

In 2008, there were 61 million children age 14 and younger in the United States. This age group made up 20 percent of the total U.S. resident population in 2008. Motor vehicle crashes are the leading cause of death for ages birth to 14. In 2008, there were a total of 37,261 traffic fatalities in the United States. The 14-and-younger age group accounted for 4 percent (1,347) of those traffic fatalities. This age group accounted for 3 percent (968) of all vehicle occupant fatalities, 8 percent (193,000) of all the people injured in motor vehicle crashes, and 8 percent (168,000)of all the vehicle occupants injured in crashes.

Child Safety Restraint Rules

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).

A. A child under one year old, or any child weighing less than 20 pounds, must be in a child passenger restraint system (car seat) that is facing the rear of the car.

B. Children who are one through three years old, and who weigh more than 20 pounds, must be in a child passenger restraint system that is facing forward.

C. Children who are four through eight years old and whose height is under four feet, nine inches, must be in a belt positioning booster seat system (child booster car seat) and wearing a seatbelt.  These seats should be in the rear seat of the car, if possible. All child passenger restraint systems (car seats and booster seats) referenced above must meet federal motor vehicle safety standards and be used consistently with the manufacturer’s and the vehicle’s instructions.

D. Children are further protected by the law, which makes the driver responsible for their protection up to the age of sixteen (16). If children under age 16 are not properly restrained, the driver may be charged and fined $50.00 for violation of the law. If the child’s parent or legal guardian is present in the car but not driving, then the parent or legal guardian is responsible for making sure that the child is properly transported and may be fined for non-compliance. If the violation is one relating to not using a car seat or booster seat for children under nine years old or whose height is less than four feet, nine inches, the punishment is greater.  The driver can be charged with a Class D misdemeanor, required to attend a class on the safely transporting children and required to pay possible fees and fines.

E. Provision is made for the transportation of children in medically prescribed modified child restraints.  A copy of a doctor’s prescription should be carried in the vehicle utilizing the modified child restraint device (CRD) at all times.

If you or a loved is injured or killed in a Nashville automobile accident by one of these kinds of drivers you owe it to yourself to contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to determine your rights and remedies