Stay Awake at the Wheel

The Sullivan County, Tennessee Sheriff’s investigators will have an interesting task in determining just what caused a driver to slam into the rear-end of a tractor-trailer on I-81 last night. As an experienced Nashville automobile accident attorney, based on the fact that the accident occurred around 3 AM,  I would opine that the driver fell aseep at the wheel. A police report noted that the man was not wearing his seat belt.

It is well established that driving while drowsy or fatigued increases one’s risk of being involved in a motor vehicle crash. However, estimates of the prevalence of drowsy drivers on the road and of the proportion of motor vehicle crashes that involve drowsy driving as a contributing factor vary widely.

A survey in the year 2002 found that more than one in three drivers admitted having fallen asleep while driving at some point in their lives; more than one in ten reported doing so in the past year. The most frequently cited statistics suggest that drowsy driving might contribute to roughly 1 to 4 percent of crashes; however, research using more sophisticated methodology suggests that the true prevalence may be much higher.

If you are having trouble staying awake, please pull over and allow another person to drive. If you are alone, get outside and get yourself awake by walking, jumping and other physical activity. If necessary, pull to safety and take a brief nap.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a drowsy driveontact the experienced Nashville auto accident lawyers at Phillip Miller & Associates to find out about your rights.

Be Cautious In Construction Zones

As an experienced Nashville personal injury accident attorney, my experience is that most collisions are clearly the fault of one party or the other, and the negotiation is for how much compensation is due to the injured party The other cases involve numerous complex issues to unravel the real cause of crash.

This past week I read about just such a case, and an accident like this makes clear why you need an experienced Nashville personal injury lawyer. The accident involves a Tennessee commercial truck driver involved in a fatal accident in Quincy, Massachusetts. According to local media reports a city crew were working on a stop light in the bucket of a cherry-picker when the tractor-trailer went through the intersection and hit the bucket knocking a 58-year-old city employer out of the bucket, onto the top of the truck and then to the street.

Important questions abound; was the truck driver going to fast? Was the light in his favor? Was the bucket hanging at a level where reasonable men might see that a truck or other vehicle might hit it? And the key question is why didn’t the city have police or other security detail in place to protect the workers?

An experienced personal injury lawyer would clearly investigate these important issues to determine who was really at fault and to what degree. If you or anyone you know has been injured or killed in a Tennessee car accident, please contact Nashville injury attorney Phillip Miller and the Tennessee personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don’t delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment at 615-356-2000.

Tractor-Trailer Fatality

According to local media reports, a Tennessee State Trooper suggested that had the tractor-trailer truck driver been wearing his seat belt he might not have died in a serious roadway departure crash. The media report said that the 61-year-old truck driver lost control of his rig hit both sides of a bridge before leaving the road and crashing into an embankment.

The crash occurred on Dixie Highway (U.S. Highway 25E) near the intersection with Bullen Valley Road, and the truck ended up on an embankment alongside the Clinch River. We will probably never know what caused the driver to lose control. If he had a medical emergency an autopsy might help, if he was distracted by a cell phone or other electronic device a review of his phone log might be helpful, tire marks on the highway and witness statements might show if he was speeding.

As an experienced Tennessee automobile accident attorney I find it hard to believe that people still get into an automobile and fail to secure their safety seat belts. I mean this isn’t rocket science and it’s not like they don’t know that it’s a deadly mistake.

Tennessee law requires the use of seat belts. An overwhelming number of studies show that seat belts, when used correctly, save lives. In 2009, 388 people in passenger vehicles died in motor vehicle crashes in Tennessee between the nighttime hours of 6 p.m. and 5:59 a.m.  According to the National Highway Traffic Safety Administration (NHTSA), nearly two-thirds (64%) of those killed in traffic crashes at night nationwide were not wearing their seat belts, compared to less than half (45%) of the passenger vehicle occupants killed during the daytime hours of 6 a.m. to 5:59 p.m.

According to NHTSA, when worn correctly, seat belts have been proven to reduce the risk of fatal injury to front-seat passenger car occupants by 45 percent, and by 60 percent in pickup trucks, SUVs and minivans.

If you or a loved one is injured or killed in a Tennessee motor vehicle accident contact the experienced Nashville tractor-trailer  accident lawyers at Phillip Miller & Associates and learn about your rights and remedies.

Tennessee Truck Fatality

A Tennessee man was killed early Tuesday morning after his tractor trailer overturned in Marysville, Ohio. According to local media reports the Lobelville, Tennessee man was driving a tractor-trailer along U.S. Highway 33 near milepost 18 when his vehicle drove off the North side of the road, went through a fence before rolling over in a ditch. He ws dead at the scene. My prayers go out to his family and friends.

Local police investigators don’t believe that alcohol was a factor in the crash, but what could have caused such an accident? At first several things come to mind; the man could have fallen asleep at the wheel. Investigators will surely look to hi log book and other electronic device to determine how long he had been driving.

He might have had a medical emergency and this would be determined by an autopsy, but the most probable reason is that the tractor-trailer driver was somehow distracted in the moments before he left the road. Driver distraction comes in all forms, cell phones, radios, CDs, MP3 players, eating etc. I am aware of dozens of distracted driver accidents caused by women drivers applying their makeup while driving down the interstate at 55 MPH.

Distraction from the primary task of driving could present a serious and potentially deadly danger. In 2008, 5,870 people lost their lives and an estimated 515,000 people were injured in police-reported crashes in which at least one form of driver distraction was reported on the crash report. The lesson for Tennessee drivers is to remember that when you are behind the wheel of a motor vehicle, especially on the interstate highways, you are piloting a deadly weapon.

If you or a loved one is injured or killed in a Nashville tractor-trailer accident caused by a distracted driver you owe it to yourself to contact the experienced Nashville tractor-trailer accident lawyers at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies. Call 615-356-2000.

Multiple Child Fatalities

A terrible tragedy occurred yesterday as a Harriman, Tennessee mother and her three children were killed in a collision with a tractor-trailer truck. Our prayers go to the family and friends of the deceased and to the driver of the truck who was injured in the crash.

Local media sources report that for some unknown reason, the SUV driven by the woman crossed the centerline and crashed head-on into an oncoming tractor-trailer. Both vehicles caught fire and burned. Investigators will be trying to figure out what so distracted the woman from paying attention to the road ahead that she drifted into another lane.

According to the National Highway Traffic Safety Administration 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 is injured or killed in a Tennessee automobile accident caused by a distracted driver, you owe it to your family to contact the experienced Nashville car crash lawyers at Phillip Miller & Associates. Call 615-356-2000.

Motorcycle And A Tractor-Trailer - Bad Mix

In Bristol, Tennessee a collision between a tractor-trailer car hauler and a motorcycle killed the motorcyclist on Wednesday afternoon. The motorcyclist and the tractor-trailer were both driving in the same direction when the motorcycle hit the rear of the tractor-trailer around 3:23 p.m. According to local media reports, police do not suspect that drugs or alcohol were involved in the collision but police did tell the press that charges are pending.

Without more information it’s impossible to say what caused this fatality, but the fact that charges are pending means that the police think that the truck driver was at fault. 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.

Time is of the essence in these kind of cases. Although most cases can be reconstructed at a later time it is important to have someone looking out for your best interests as soon as possible. That’s why it’s important to contact an experienced Tennessee tractor-trailer accident lawyer like those you will find at Phillip Miller & Associates.

If you or a loved one is injured in a car tractor-trailer accident act quickly and take advantage of a no-cost no-obligation consultation and learn about your rights and put our crack team of lawyers and investigators on the case.

Red Still Means Stop

As an experienced Nashville automobile accident attorney I know that no matter how careful you are when you are behind the wheel, you must remain on the the lookout for the other drivers. Never expect the other drivers to do what they are supposed to do.

A lesson in point from Clarksville, Tennessee, one person was killed and two injured in a wreck at 101st Airborne Division Parkway and Trenton Road Tuesday night when a tractor-trailer ran a red light and smashed into a Lexus.

A tractor trailer from the Dickson Carnival Co., based in Slayden, Tenn., was going south on Trenton Road when it ran the light and broadsided a Lexus that was going east on 101st Parkway. Another car, a black Nissan was also involved.

The Lexus driver died at the scene. The driver of the tractor-trailer, a 73-year-old man, and one other person were transported by ambulance to Gateway Medical Center. Our prayers go out to the, as of yet, unnamed victim and her family and friends.

What caused the man to run the light is the focus of the police investigators. A blood test will determine whether he was under the influence, a medical examination will focus on whether he had some sort of medical emergency, a review of his DOT log book will indicate whether he might have fallen asleep or was distracted by a cell phone or other electronic device.

If you or a loved one are injured or killed in a Nashville intersection accident caused by a red light runner, contact the experienced Nashville personal injury attorney’s at Phillip Miller & Associates and find out about your rights and remedies. Call 615-356-2000.

Slow For Construction Zones

Two Manchester, Tennessee, tractor-trailer drivers, a man aged 59 and a woman aged 57, died in a three-vehicle accident on Wednesday on I-65 in Jasper County, Indiana. According to local media sources, traffic had slowed for a work zone and had narrowed to one lane. For some unknown reason the male driver failed to observed the slowed traffic and slammed into the rear of the Tractor-trailer in front of him and that one slammed into the tractor-trailer in front of him.

The deceased driver had on his seat belt but was crushed and the passenger did not have her seat belt on and was ejected from the vehicle. Investigators will have their hands full trying to figure out what caused the driver to fail to maintain control. Did he fall asleep? Was he distracted by something else, a cell phone, CB radio, eating or  talking to his passenger and not paying attention to the traffic.

Construction zones can present a driver with a challenge. The zones are usually well marked in advance and require vehicles to start reducing speed in preparation for the upcoming area on the road where the construction equipment and workers are located.

This weekend I drove from Nashville to St. Louis for some business and was amazed at how many drivers ignore the signs warning drivers to slow down for a construction zone and instead of following the slow-down suggestions use the opportunity to speed up and get ahead of the people in front of them. This dangerous behavior in turn brings out bad behavior in others who don’t want the cheaters to get ahead of them. Some of those people who are slowing down and forming one lane as directed begin to attempt to block and retaliate against the speeders by refusing to allow them to merge.

The other danger I noticed was the tailgating by some on those who reduce their speed as directed. When you reduce your speed from 70 mph to 55 mph you should, according to the Tennessee Rules Of The Road, keep one car length for every ten miles per hour you are traveling, not so in these Interstate construction zones. What happens is that the danger of a rear-end collision is magnified. Driver one is worried about the driver 2 right on his tail and is paying more attention to the tailgater then he is to the driver in front of him.

The Tennessee Department of Safety suggests the following:

* Slow down! Drive within the posted speed limits, which are usually reduced in work zones. If you don’t, you’ll pay the price.

* Don’t tailgate! Most work zone accidents are caused by rear-end collisions.

* Eliminate distractions! Put down the cell phone; leave the radio dial alone. This is not the time to look for a new CD!

* Keep your ears open! Do not wear earphones while driving.

* Merge early! You can be ticketed and the cause of an accident for being a last chance merger.

* Watch for flaggers! Follow their signals, and don’t change lanes within the work zone unless instructed to do so.

* Expect the unexpected! Work zones change constantly.

* Turn your lights on before you enter the zone! Turn on your vehicle’s headlights to become more visible to workers and other motorists.

* Stay calm! Remember the work zone crew members are working to improve your future ride.

If you or a loved one is injured or killed in a Tennessee construction zone accident it’s important that you secure the services of an experienced Nashville automobile accident attorney like those that you will find at Phillip Miller & Associates. Time is of the essence in these cases so contact us immediately at 615-356-2000.

Don't Pull Out Until Clear

When you are turning on to a highway from a side road it is absolutely necessary that you are giving all of your attention to vehicle on the highway. Don’t be in a hurry, wait until you are absolutely clear and it is safe to pull out. Anticipate the speed of the oncoming vehicles and don’t take chances.

It’s hard to say what a 51-year-old Virginia woman was thinking when she tried to enter a rural section of US Highway 61, near Mound Bayou. She didn’t make it. She pulled into the path of an oncoming tractor-trailer that smashed into the left side of her car. She died at the scene.

Was she distracted? She most certainly was, finding the cause of the distraction will be up to police investigators, but most distractions are caused by cell phone use, talking to other passengers, (she was alone) or just plain garden variety not paying attention.

According to the National Highway Traffic Safety Administration 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 are involved in a Tennessee automobile accident caused by a distracted driver you are going to need an experienced and sophisticated Nashville auto accident attorney like those you will find at Phillip Miller & Associates. Call 615-356-2000.

Move Over For Emergency Vehicles

A Tennessee Department of Transportation worker who was aiding a stalled motorist on I-55 at the Mississippi River Bridge, was killed when a tractor-trailer collided with the stalled vehicle and the emergency truck. The tractor-trailer driver also died. My prayers go out to the family and friends of these two men.

TDOT identified the state worker as Robert Nowicki, a former New York City police officer who was a 911 responder.

Tennessee law requires that motorists yield the lane closest to any emergency, maintenance or recovery vehicle that is stopped on the shoulder of the roadway. This applies to interstates and any multi-lane highway (with four or more lanes) that has at least two lanes of traffic traveling in the same direction.

When safety and traffic conditions allow the motorist must yield the right-of-way by making a lane change into a lane that is NOT adjacent to the stationary emergency vehicle. This requirement to move over applies, regardless of whether the emergency vehicle is on the right or left-hand side of the road.

If the emergency vehicle is stopped on the right shoulder, the motorist merges into the left lane of traffic, freeing the right most lane as a safety barrier. If the emergency vehicle is stopped on the left shoulder, the motorist merges into the right lane of traffic, freeing the left most lane as a safety barrier. ONLY when traffic conditions make it unsafe to make such lane change is the motorist allowed to respond to this situation by simply slowing down and remaining in the same lane.

This law applies to all emergency or maintenance vehicles including:

• Police or Highway Patrol vehicles;

• Ambulance or Fire Fighting vehicles;

• Tow Trucks or TDOT HELP vehicles;

• TDOT maintenance vehicles or private contractor vehicles involved in road construction or repair work.

If you or a loved one is injured or killed in a Tennessee automobile accident contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies. Call 615-356-2000.