Indiana Injury And Family Lawyer Blog

U.S. Census Data collected in 2010 shows large increases in the number of single fathers as head of U.S. households.

Fathers Rights are an issue of great importance. As a veteran child custody attorney in Highland, Burton Padove understands how important it is for a father not to be pushed to the weekends when parents divorce.

Over the past decade, there has been a real shift toward a presumption that both parents should share parenting duties and custody, to the greatest extent possible. That fathers should remain a dynamic presence in a child's life -- not relegated to very other weekend visitation. Or summers and holidays.

The 2010 Census shows the number of men heading households shot up by more than 27 percent in the last decade.

Single dads now account for 8 percent of all U.S. households -- up from 6.3 percent in 2000 and little more than 1 percent in 1950.

In 1973, Indiana became the first state to pass a law declaring no parent should be favored for child custody based on gender. Since then, most states have followed suit in ending any presumption that child custody should be awarded to the mother. Oregon has gone so far as to pass a law that presumes joint custody will be awarded. Alabama recently began debating similar legislation.

"It's time for us to stop assuming that single parents are always women," said Andrew Cherlin, a professor of sociology and public policy at Johns Hopkins University in Baltimore. "There is a visible presence now of single men caring for their kids. We didn't see that a few decades ago."

Indiana's parenting time guidelines presume it's in a child's best interest to have frequent, meaningful and continuing contact with each parent. A child custody agreement will set out which parent or parents can make substantial decisions on behalf of a child, including those involving education or health care.

Other factors the court may consider in determining the "best interests" of a child include:

-A child's preference, depending on age.

-A parents health, habits and lifestyle.

-Abuse or neglect risks.

-Parents ability to provide for the daily needs of a child.

-Continuity of child's life, including schooling and community and social activities.

Move away custody issues is another area of family law in Indiana that has attorneys fighting on behalf of the rights of a noncustodial parent. A parent desiring to move away must provide a Notice to Move and a proposed parenting plan.

The other parent has the right to object, in which case a hearing will be set to establish what is in the "best interests" of a child. The non-custodial parent may also obtain a restraining order, which legally prevents the move until such a hearing can be held.

Continue reading "Fathers Rights in Indiana: Census Shows More Dads as Heads of Household " »

From 2000 to 2009, there were nearly 1,000 fatalities resulting from traffic-related pedestrian accidents in Indiana, according to Transportation for America. These accidents cost the state nearly $3 billion. Our state ranks 25th out of the 50 states for pedestrian danger. We surely aren't the worst, but we surely aren't the best.

According to a recent study that was conducted by the AAA Foundation for Traffic Safety the relationship between a pedestrian's risk of death and the speed of the vehicle upon impact is directly correlated. This topic has been studied extensively, but had not been revisited in recent years. Older studies lack relevancy when compared to today's cars, technological advancements and modern street designs.

Our Highland pedestrian accident attorneys understand that bicycle and pedestrian accidents commonly result in serious or fatal injuries. Before concluding the study, AAA comprised a list of recommendations that local, state and federal transportation officials should consider to help make our roadways safer for pedestrians and all other travelers.

"It's time for a healthy reminder that Indiana's sidewalk and trail network is also expanding to serve a demand for non-motorized modes of transportation and recreation," said Indiana Department of Transportation (INDOT) Commissioner Michael B. Cline.

The AAA Foundation reports that there were about 4,000 pedestrians who were fatally injured on U.S. roadways because of motor-vehicle-related accidents in 2009. Another 59,000 were injured in these types of incidents. Through the study of pedestrian accident data, the Foundation has determined that the speed of the involved vehicle was a top contributor in these accidents. Faster accidents more often resulted in serious or fatal injuries to accident victims.

According to the study, a pedestrian faces a 10 percent risk of injury when hit by a vehicle that is traveling just 16 mph. Pedestrians face a 25 percent risk at 23 mph, a 50 percent risk at 31 mph, a 75 percent at 39 mph and a 90 percent risk at 46 mph.

The risks increase just the same when calculating the risk of death. A pedestrian faces a 10 percent risk of death when hit by a vehicle that is traveling at just 23 mph, a 25 percent risk at a speed of 32 mph, a 50 percent risk of death at 42 mph, a 75 percent risk at 50 mph and a 90 percent risk when a vehicle strikes at 58 mph.

Indiana transportation officials continue to move forward with new plans for a Bicycle and Pedestrian Program that is aimed at increasing the safety of our pedestrians and cyclists.

Bicycle and pedestrian plans have recently been approved for the following communities:

-Fort Wayne

-Northwestern Indiana

-The South Bend-Elkhart area

-Muncie

-Indianapolis/Marion County

-Hamilton County, Bloomington

-Lafayette

-Anderson

-Goshen

-The urban portions of Clark and Floyd Counties

-Terre Haute,

-Madison

-Zionsville

-Kokomo

The AAA Foundation summed up its report with a number of safety measures that federal, state and local governments can look at to help reduce the risks of pedestrian accidents.

One of the first recommendations included reducing speed limits. Speed limits should be reduced in areas where a large pedestrian population tends to travel. In areas where fast-traveling traffic is a necessity, officials are encouraged to create a physical separation to keep pedestrians and motor-vehicle traffic separated from one another. The study also reaches out to car manufacturers, urging them to find ways to create smarter in-car technology that has the capability of detecting pedestrians who may be dangerously close to the vehicle and either alerting the driver or automatically rerouting the car itself.

Continue reading "INDOT and AAA Brainstorm for Ways to Reduce Pedestrian Accidents in Indiana " »

Massachusetts has signed into law a sweeping overhaul and limits on alimony payments, The New York Times reports.

In Indiana, assisting a client in alimony and child support matters is one of the primary responsibilities of a Highland divorce attorney. The two are not interchangeable and have different tax implications. A judge may award support based on the length of the marriage, the earnings power of one or both spouses, parental responsibilities or any number of other factors.

Child support and alimony laws in Indiana is complex. And an alimony award may influence a property distribution. In cases in which spouses cannot agree on alimony, the court will decide the issue based on a number of factors.

-Physical or mental disabilities that may preclude one spouse from working.

-Whether the spouse lacks sufficient property to provide for his or her needs.

-A spouse is the custodian of a child whose needs require the custodian to forgo employment.

-Education level of each spouse.

-Whether the interruption of a spouse's education occurred because of duties at home, including child care.

-Earnings capacity of each spouse. As well as training, skills and employability.

-Time required to acquire such skills or education.

In Massachusetts, the previous system permitted lifelong alimony payments after both short and long-term marriages. Most states limit alimony in short-term situations. Massachusetts law often required payments to continue long after a spouse retired or the receiving spouse moved in with a new partner. The new law permits most payments to stop upon retirement and sets limits based on length of marriage.

Under the new law, a marriage of five years or less may require alimony payments for half the length of the marriage. Long-term marriages of 15 or 20 years could require payments for up to 80 percent of the length of the marriage. Indiana spousal support laws permits a judge to award alimony temporarily or on a short-term or long-term basis.

The Wall Street Journal reports the law still permits judge's to order indefinite alimony for long-term marriages. It also permits "reimbursement alimony" in cases where, for example, one spouse put another spouse through school.

Earlier this month, the Tennessee Supreme Court ruled lifetime alimony is inappropriate provided a woman is in reasonable health, has a decent job and was fairly treated during the division of marital assets.

Alimony has become a hot-button topic, particularly during the economic downturn. Studies suggest men have been harder hit than woman by unemployment and stiff alimony payments can quickly lead to financial ruin. Fighting for fair alimony is best done from the start of a case. Hiring an experienced Indiana family law attorney, and fighting for fair payments from the start, is much easier than attempting to have alimony payments reduced once an award has been granted.

Continue reading "Alimony a Critical Issue During Divorces in Highland, elsewhere " »

After yet another fatal trucking accident, the National Transportation Safety Board (NTSB) has decided to make another recommendation for commercial truck drivers to be banned from using a cell phone or any hands-free device while driving. The most recent accident took the lives of 11 people and destroyed some shops off Interstate 65 in Kentucky. The driver's phone records reveal that he was making phone calls and sending text messages just seconds before the fatal accident, according to Reuters.

In 2009, there were more than 100 large trucks involved in fatal trucking accidents in Indiana. Many of these accidents could have been prevented if there were more restrictive laws regulating driver distractions. These types of accidents are in fact preventable.

Our Highland trucking accident attorneys understand that mixing a distracted driver and a 40-ton commercial vehicle is a recipe for disaster. Often, these types of accidents turn deadly and cause serious property damage. With current laws and enforcement efforts, too many drivers are continuing to drive while engaging in a number of distractions on our roadways. Until more comprehensive regulations are enacted, motorists will unfortunately continue to suffer in these accidents.

"Distracted driving is becoming increasingly prevalent, exacerbating the danger we encounter daily on our roadways," said Deborah Hersman, chairman of the NTSB, according to Reuters.

According to the phone records of the commercial trucker who was heading down the Kentucky interstate, he made four calls within the minute before the accident. He also made nearly 70 phone calls and text messages within the 24 hours leading up to the accident.

The new recommendation from the NTSB supplements a proposal from federal officials. There have been previous suggestions of a complete ban on the use of all hand-held phones by commercial trucks and drivers of buses.

"This is the most comprehensive recommendation we've made," said Hersman.

The NTSB doesn't have the authority to make a proposal a law. The Board does have high expectations though. The recommendation has been sent over to the Federal Motor Carrier Safety Administration. Previous recommendations have been transformed into laws in the past. The NTSB is using this platform as a catalyst.

Support for this type of ban is universal but authorities are having a hard time figuring out who's best to enforce it. If the proposal takes effect, lawmakers in every state would have to take action to help hold up its end of the bargain, according to FOX News.

"It's going to be pretty difficult politically to get that kind of law through a state," said spokesman for the Governors Highway Safety Association, Jonathan Adkins, according to FOX News.

As of now, there are more than 30 states that prohibit commercial truck drivers from texting behind the wheel. That means that the 2.8 million commercial truck drivers who were recorded in the U.S. in 2008 must pull over and park before sending a text. Unfortunately, that's not always the case and that's how people get killed.

Continue reading "New Proposal to Ban Hand-Held Devices Aims to Reduce Risks of Trucking Accidents in Highland and Elsewhere " »

Students in Vigo County are mourning the death of a classmate who recently died from injuries sustained in an Indiana teen car accident. The collision happened when the vehicle of the teen driver and her two passengers drifted into the path of another vehicle while traveling along State Highway 246. The two passengers remain in the hospital.

"She was a great art student she was really creative. I will always remember her smile and enthusiasm. It was her goal to get it done, she was going to graduate," said Christy Eileen, an art teacher at McLean High School, according to a WTHI Channel 10 report. The students and the faculty made posters and crafts to display at the student's funeral, the report stated.

Our Indianapolis car accident attorneys understand the risks that young drivers face on our roadways. Newly-licensed drivers possess much less driving experience than older drivers and are usually unable to properly judge the hazards and dangers on our roadways. According to the Insurance Institute for Highway Safety, young drivers in our state are required to complete two stages of restricted driving, or a Graduated Drivers Licensing (GDL) program, before receiving an unrestricted license once they've reached the age of 18. Unfortunately, recent studies illustrate that these GDL programs aren't as effective as one thought. Studies conclude that drivers who have completed the program are at more of a risk for an accident once they receive a full license than they faced in the program. Parents and guardians need to understand that our job doesn't stop once they've received an unrestricted license. Education and reminders need to continue long after our young drivers are out of school.

GDL programs first started in 1996 and according to a recent study that was printed in the Journal of the American Medical Association, 16-year-old drivers witnessed a 26 percent decrease in the rate of fatal accidents from 1986 to 2007. But, during this same time period, 18-year-old drivers experienced an increase of more than 10 percent in the number of fatal accidents. This increase in the older teen drivers completely wiped out any progress in the death rate for all teen drivers, according to CNN Health.

The GDL program in Indiana started back in July 2009. Through this program, 16- and 17-year-old drivers are under probationary restrictions until they reach the age of 18. These stages in the program are meant to expose young drivers to potential hazards gradually instead of overwhelming them with everything at once. Once they've mastered a level of driving, they're permitted to move on to the next stage.

"Right now, we're not getting the net effect across all teens that we're hoping for," says Scott V. Masten, Ph.D., author of the recent study cited in the JAMA article.

Experts believe that 18-year-old drivers are experiencing more fatal traffic accidents because youngsters are choosing to opt out of the restricted driving privileges and are avoiding driving until they're 18. Others believe that younger drivers are at more of a risk after completing the program because they're forced to miss out on valuable experience, meaning they've been coddled throughout the learning process.

The study reveals that no one is guaranteed to avoid a car accident, regardless of education. Parents are urged to continue to remind their young drivers about the responsibility and dangers of driving. No one is ever too old or too smart for a better driving education.

Continue reading "Students Mourn Victims of Indiana Teen Car Accident - GDL Programs Proven Faulty " »

A recent Northwest Indiana motorcycle accident took the life of a 29-year-old rider in Lake County and left a passenger seriously injured, according to the Indiana State Police. The fatal accident happened in the westbound lanes of Interstate 90 at the 15.6 mile marker.

The motorcyclist reportedly died at the scene of the accident as a result of blunt force trauma. The 34-year-old female passenger was taken to North Lake Methodist Hospital in Gary and was listed in critical condition.

Our Crown Point personal injury lawyers urge you to keep an eye out for motorcycle riders during the final weeks of the riding season. Motorcyclists are more vulnerable to injury and death in the event of an accident than the occupants of a car. Riders are oftentimes overlooked on our roadways, and while they hit the road in full force over the next couple weeks we all need to be extra cautious to help avoid potentially serious or fatal accidents.

According to the National Highway Traffic Safety Administration, there were more than 690 traffic accident fatalities in the state of Indiana in 2009. More than 110 of these fatalities were suffered by motorcyclists. Drivers ages 40 to 49 were most likely to be killed in an accident. The 30- to 39-year-old age group followed at a close second. Both groups accounted for more than 60 motorcycle deaths. In 2009, the death rare for motorcyclists was more than 54 fatalities per 100,000 motorcycle registrations.

Now that we know just how often these motorists are the victims of fatal accidents, it's time to focus the attention on ourselves, passenger-car drivers, to help make the roads safer and to reduce their risks for these accidents.

Motorists are urged to follow these safety tips, especially when traveling near Indiana's popular motorcycle roads:

-Always be aware of your surroundings. Keeping an eye on traffic flow will also help you to keep an eye out for motorcycles.

-Always physically check your blind spots before making a lane change or before making a turn.

-Always predict that a motorcycle is closer than it appears. The small size of a motorcycle can make you believe that it is farther from your vehicle than it actually is.

-Don't share lanes with motorcycles. They're entitled to their own lane as they are required to follow the same road rules as you.

-Don't follow too closely. Motorcyclists sometimes slow their vehicle by downshifting instead of hitting the brake. This does not activate the brake light, which can increase their risks of being rear ended if you're following too closely.

-Make sure their turn signal is for real. Turn signals on motorcycles aren't self-canceling like the ones on our cars.

With greater driver awareness, we can all do our part to help reduce the risks of fatal motorcycle accidents. These riders only have a short while to enjoy the open road. Let's help them enjoy it safely.

Continue reading "Man Killed, Woman Critically Injured in Lake County Motorcycle Accident " »