Indiana Injury And Family Lawyer Blog

A recent car accident in Munster was just one of 100+ driving offenses committed by a man who moved from Highland. When the man moved to Munster, Highland police contact the police department in the man's new town to notify them of his driving record, according to the Munster Community. The man had received so many driving violations that the Highland police turned to the Lake County prosecutor's office for help.

The department asked that his tickets be dealt by a different court to stop them from being dismissed. Still, these efforts didn't stop the dangerous driver. Recently, he is accused of causing the drunk driving car accident in Munster that took the life of a Lansing man.

As a result of the most recent accident, the driver was charged with nearly 20 traffic and criminal offenses. Those 20 offenses were added to the 100+ offenses that he already had. Some of the previous offenses included watching TV while driving, failing to obey traffic signals, driving without a seat belt, driving with a suspended license, driving without car insurance and speeding.

Our Highland car accident attorneys understand that the man also had two operating while intoxicated counts. One of them was dropped down to reckless driving while the other was taken down to a misdemeanor. When the drunk driving car accident happened, the man was driving on a six-month restricted license that only allowed him to drive to and from work.

"Law enforcement did whatever it could to keep him off the street," said Highland police Cmdr. George Georgeff. "Once he moved out of our town, he pretty much stayed clear of Highland."

Unfortunately these types of occurrence aren't uncommon. According to AAA Foundation for Traffic Safety, about 20 percent of all accidents that result in a fatality involve a driver who does not have a proper driver's license. AAA examined accident reports from 2007 to 2009 in a recent study to get a grasp on just how many of these improperly licensed drivers there are on U.S. roadways.

Of the drivers who were involved in fatal accidents:

-Nearly 7 percent had a driver's license that was either suspended or revoked.

-More than 1 percent had a driver's license that was either canceled or denied.

-Another 5 percent were completely unlicensed.

These fatal accidents, involving improperly licensed drivers, took the lives of nearly 21,050 people.

With improperly licensed drivers, hit-and-run accidents and drunk driving accidents are much more common. More than 51 percent of the drivers who left the scene of an accident during the study time were improperly licensed.

With improperly licensed drivers come uninsured drivers. Motorists are asked to be cautious on our roadways. With no insurances comes a harder time covering the damages resulting from an accident. If you're involved in an accident with an improperly licensed driver or with an uninsured driver it's critical for you to contact an experienced lawyer to help you to get the compensation you deserve.

Continue reading "Driver with 100+ Violations Still Causing Car Accidents in Indiana " »

When some people think about getting divorced, they think about the split in general terms -- how they are going to be able to afford renting an apartment and paying monthly bills?

But often, soon-to-be divorcees don't consider the financial implications beyond those basic terms. A recent article on Nasdaq.com looks at how divorcees can expect to build their credit after a divorce. When people are tied together financially, they may not realize how some joint decisions have affected their standing with creditors.

This is especially true today, as many Americans have seen their credit scores fall significantly as they deal with foreclosures and short sales after their houses have depreciated in value. If a couple has lost their house to an Indiana foreclosure, it's possible that their Indiana divorce is going to feel the effects.

The job of an Indiana divorce lawyer is to do what is in the best interests of the client under the laws of the state. Division of assets and child custody or child support issues are going to be big in the eyes of the divorcees.

But a lawyer should also be thinking about the things not considered by the client. That often includes tax implications of getting divorced, how their debts will be paid off and who will be responsible for certain costs incurred by both parties.

The article offers some tips for divorcees about how to improve their credit scores after they complete a divorce. A joint credit score may get them by in life, but once they split, they can be exposed for having poor credit and that can leave them helpless if they don't have a good credit score and can't obtain loans.

Pull the credit score: The first step is to see where the divorcee stands. Scouting the files for late payments or collection accounts can help point out red flag issues that will hurt the person's chances of getting credit in your own name.

About 70 percent of Americans don't do an annual credit check, which they can do for free under federal law. This often leads to people bringing financial baggage into a marriage and they can leave the marriage with that same baggage when they try to go out on their own.

Fix any credit report mistakes: This is critical because if there is inaccurate information, it can make moving forward that much more difficult. Creditors and banks can misreport data and only you can correct it. Even if a divorce agreement states who should pay off which joint debts, if they don't, it can hit your credit score.

Nix the joint credit obligations: A divorce is about splitting and cutting off financial ties. The last thing you want to do is hold any joint accounts anymore. As mentioned above, the other spouse could continue using a credit card account in both people's names and if they make late payments, it can affect your score, too.

Open a secured credit card: Secured credit cards can help people with poor scores build their credit. Secured cards require people to deposit an amount into the account, which creates your spending limit. This gives the creditors some assurances that you will pay.

Pay all your debts on time: The last thing you want to do is start getting behind on payments right out of the gate. Thirty five percent of your FICO score is based on your payment track record. So, missing payments can sink you in a hurry. Pay on time and you can start to get your credit fixed.

Continue reading "Finances and an Indiana Divorce Go Hand-in-Hand, So Be Prepared " »

"Changing driver behaviors is not rocket science ... it's harder," says Peter Kissinger, AAA Foundation for Traffic Safety President and CEO.

What he's talking about is the attitude of drivers. Motorists across the county have what AAA calls the "do as I say, not as I do" attitude, meaning drivers feel that they are exempt from all of the safe driving habits that every motorist should be following. For this reason, car accidents in Indiana and elsewhere continue to plague roadways.

Our Indianapolis car accident attorneys understand that most drivers in the U.S. say that they would like to have safer roadways and that they support enforcement efforts to make that a reality. Still, with more laws on the books and more officers on the roadways, drivers refuse to give up their own dangerous driving habits, while expecting that others will give up theirs. Our roadways are filled with these hypocritical drivers, the ones who think others should "do as I say, not as I do."

In 2011, there were nearly 32,900 lives lost because of car accidents in the U.S. While this is the lowest number of fatalities recorded in 60 years, it still illustrates that roadway safety has a long way to go. According to AAA, someone dies in a car accident in the U.S. every 16 minutes.

AAA recently conducted a survey to get into the minds of drivers. The findings were alarming and illustrated that drivers exercised very little personal responsibility for roadway safety.

The Traffic Safety Culture Index concluded that:

-More than 85 percent of surveyed drivers said that it was unacceptable for a driver to not wear a seat belt, but about a quarter of drivers admitted that they were guilty of the dangerous habit.

-A majority of drivers felt it was unsafe for a driver to travel more than 10 miles per hour over the speed limit on a residential road, but still most of the surveyed drivers admitted that they had done it at least once in the last 30 days.

-More than three quarters of drivers said that they felt that it was unacceptable to get behind the wheel of a motor vehicle after driving, but more than 10 percent of drivers admitted that they were guilty of tipsy driving at least once over the last month.

-More than 90 percent of drivers think that it is dangerous to text message while driving. Despite the fears, nearly 40 percent admitted to sending and receiving texts behind the wheel at least once in the last 30 days.

-More than 65 percent of those who were surveyed said that talking on a cell phone behind the wheel of a motor vehicle was pretty dangerous, but there were more than 30 percent of drivers who said that they're doing it on a regular basis.

-Speeding was another action that most drivers frowned upon, yet a good portion of drivers admitted that they were in fact guilty of it.

-A good portion of drivers disapprove of drowsy driving, more than 95 percent of to exact. Still, about a third of all drivers said that they've been drowsy at the wheel at least once in the last 30 days.

What this study truly illustrates is that, despite all of the safe driving desires of Americans, a majority of drivers still admit to engaging in some of the most dangerous driving habits. AAA and our Indiana car accident lawyers ask that drivers start exercising their safe driving ideals instead of simply relying on others to act responsibly behind the wheel.

Continue reading "Despite Contradicting Actions, Drivers Know How to Prevent Car Accidents in Indiana and Elsewhere " »

In one day, three freight trains derailed. These train accidents in northwest Indiana left a number of vehicles mangled near the railroad crossing and residents in the area had to evacuate because of the smoke, according to ABC NEWS. Two of the six train employees aboard were transported to the hospital after the accident.

One train was carrying mostly empty tankers of ethanol. That train stopped on the tracks when another train slammed into it. According to Porter County Sheriff's Sgt. Larry LaFlower, a third train on the tracks quickly came up from behind and hit both of the cars. There weren't any significant leaks reported, but scene is being investigated by the National Transportation Safety Board (NTSB).

Our Indiana car accident lawyers understand there were about 50 homes in the area that were evacuated because of the smoke from the accident. The real threat isn't to the nearby homes, but to the people who travel through the railroad crossings every day. Residents, motorists and train riders are urged to be cautious near railroad crossings as many fatal accidents happen in these areas every year. Railroad crossing accidents, injuries and fatalities are often more catastrophic than other traffic accidents. According to the Federal Highway Administration, there were more than 136,000 railroad crossings in the U.S. in 2009. Out of these accidents, more than 42,300 crossings had gates, nearly 22,040 had flashing warning lights and nearly 1,200 have highway traffic signals, bells and wigwags, which are of railroad-grade crossing signal.

In 2009, there were nearly 2,000 accidents at public highway-railroad crossings in the U.S. Of these accidents, there were nearly 250 fatalities and more than 700 injuries. These catastrophic events happen as residents trespass too. These types of accidents are 100 percent preventable. In 2009, there were more than 430 people killed and another 350 injured while trespassing on railroad right-of-way and property.

Although these crossings are lined with gates, flashing lights and bells, drivers still find themselves to be the victims of these types of accidents all too frequently. You can avoid a potentially fatal railroad crossing accident by following a few safety tips from the Federal Highway Administration.

Railroad Crossing Safety Tips for Drivers:

-Always expect a train to be traveling on the tracks. Make sure that you can stop safely.

-Trains often travel faster than you perceive.

-Never rely on a train's whistle to warn you of its location. Noise on or in your car can cause you to miss the audible warnings.

-Never try to cross the tracks unless you're positive that you're able to make it to the other side safely.

-Never change your car's gears on a train track.

-Be careful of objects that can block your view of an oncoming train.

-Be cautious of the current weather conditions and its ability to hinder your vision.

-Plan your trip to take you through crossings with warning devices instead of unprotected ones.

-Never stop on a train track.

-When stopping for a train to cross, be sure to stay far from the tracks. Trains are wider than the tracks and extend into the roadway.

Continue reading "Three-Train Accident in Indiana Mangles Vehicles and Evacuates Local Residents " »

In the state of Indiana, all drivers who are over the age of 18 are allowed to use hand-held cell phones behind the wheel. According to the Governors Highway Safety Administration, every single driver is prohibited from texting behind the wheel. With such relaxed cell phone laws for drivers, distraction-related car accidents in Indianapolis continue to take the lives of far too many innocent people.

How do law enforcement officers know what a driver is doing on their phone? Are they dialing a phone number? Replying to an email? Typing a text message? According to Indiana police officers, it's almost impossible to tell the difference and for this reason, tickets are difficult to write.

Our Indiana car accident attorneys understand that the National Transportation Safety Board (NTSB) is working to get lawmakers to embrace a nationwide ban against the use of any portable electronic device by all drivers. This type of ban would help eliminate the confusion for officers in areas like Indiana that have varying text and cell phone laws for drivers.

Since Indiana officers decided to tighten their distracted driving-related laws and make it illegal for any driver to type at the wheel there's hasn't been a lot of drivers busted for texting, according to the Lafayette Journal & Courier. In the six months following the enactment of the law, the Purdue University Police Department hasn't issued a single ticket, says Capt. Eric Chin.

The same results have been reported by the West Lafayette Police Department.

"Quite frankly, the same movements required to do other things -- calling someone, checking a map -- are similar to texting," Lt. Gary Sparger told the newspaper. "Basically we have to see into the vehicle."

The law was passed as a part of HB 1129 and took effect last July. If busted, drivers can face fines up to $500. But officers are having a tough time pushing this law because law enforcement isn't allowed to take a driver's cell phone to determine is the driver was dialing a phone number of sending a message.

Only one ticket has been written since July in Tippecanoe County.

Sparger says that if officers are going to enforce a text message ban, then the laws need to prohibit drivers from using any type of cell phone or electronic device. Officials need to repeal the current law or rewrite it completely to make all of these activities illegal.

According to CNN, the nationwide ban on portable electronic devices for drivers is a long way from reality. Experts believe elected legislators will be hesitant about upsetting constituents.

According to the National Highway Traffic Safety Administration (NHTSA), more than 3,000 people were killed in distraction-related car accidents in the U.S. in 2010. While most people recognize that distractions are dangerous for drivers and cause thousands of fatal accidents every year, drivers just aren't ready to hang up the phone.

Continue reading "Flaky Laws Fail to Reduce Risks of Distraction-Related Car Accidents in Indiana " »

Sadly, January has become a busy month for many Indiana divorce lawyers because for some reason, the first month of the new year tends to bring out the reality that the holiday season masked.

Fox News recently reported that nearly 24,000 divorces are granted each year in Arizona and many of them are initiated in the first month of the year.

Divorce in Indiana can be painful during any month of the year. As humans, we are emotional and separating from a person can be a difficult experience. This sometimes is enhanced when the split comes right after the holidays.

Yet, sometimes this is done by design. Many couples know that their marriage is rocky and they are unlikely to continue it, despite their best efforts. If counseling and other tactics don't work, it's possible that they will try to make the holidays as "normal" as possible for the benefit of their children or family members before announcing their decision. This helps to keep the routine somewhat intact and keeps people from associating bad feelings with family gatherings in December.

Some lawyers surveyed for the article said they tend to receive twice as many divorce cases in January than in any other month. In most cases, the couples are planning the split for months in advance.

One man interviewed said he was heading to the courthouse to get divorced that afternoon. He said the divorce was in the works for a while, but finances prevented him from filing sooner. He said that people have to finish their taxes and realize what type of refund they may get before filing a divorce.

Finances, especially in recent years, have played a big role in when and whether people can get divorced. Many couples have decided to stay together more out of necessity than love. Splitting bills and daily costs is a lot easier than trying to do it alone.

Also, for those who have lost their jobs and may be having trouble paying bills, the hit to a person's credit score can lead to difficulty qualifying to rent an apartment or house. That's another reason people tend to stay together longer.

If a couple owns a house together, it is now seen more as a liability than an asset. For couples who are about to get divorced, this can also factor into why they are waiting. If housing prices are rebounding sooner than expected in their neighborhood, that may be a reason why they are now considering a divorce.

Whatever the reason and whatever the season, an Indiana divorce can be tough. But it doesn't have to be. An experienced Indiana divorce lawyer can take a lot of the stress and pressure off the client by simply doing his or her job. Avoiding contentious litigation or lengthy meetings where couples bicker and fight is only going to make matters worse. Strongly communicating the situation and working for an amicable resolution without massive interference from the court is always the best bet for each side.

Continue reading "January is Known as Divorce Month in Indiana " »

Happy 2012! We're sure everyone has made some great New Year's resolutions, like to quit smoking, to get into shape or to explore new business ventures. But we're asking everyone to make a New Year's resolution that can really better the state. We're asking all residents to make a New Year's resolution to be a safer driver in 2012. By making this resolution, you can help to reduce the risks of car accidents in Gary and save lives along the way.

Our Gary car accident lawyers understand that safer roadways start with you. Defensive and alert driving habits can help to make our state's roadways safer for everyone. We're asking residents to consider the following safety tips from the Indiana Department of Transportation (INDOT) and make your way down the road to safer driving.

Safe Driving Tips from INDOT:

-Car. Keys. Buckle. Always make sure that you and all of your passengers are buckled in before starting the car. This is the number one most important thing that you can do to help protect yourself and the lives of your passengers in the event of a car accident. Wearing a seat belt reduces your risks of being killed in an accident by about 60 percent. Set a good example for your children and buckle up every time you're in the car. Always use your seat belt properly. Only using the lap portion of the belt is ineffective. In the state of Indiana, an officer can pull you over and issue you a ticket for not wearing a seat belt.

-Never Drink and Drive. You should always avoid alcohol and drugs if you're driving. Be sure to always have a designated, sober driver if you'll be drinking. Alcohol-related accidents kill someone in the U.S. every 30 second. If you've been drinking and you don't have a designated driver, consider using mass transit, calling a cab or staying at a hotel or a friend's home.

-Pay Attention. It's important to avoid the three most common driver distractions, cell phones, coffee and CDs. In 2010, there were more than 3,000 people killed because of traffic accidents that involved a distracted driver. These types of accidents are 100 percent preventable.

-Defensive Driving. Remember that aggressive driving can lead to unnecessary accidents. Aggressive drivers are unable to think clearly and focus on the road. If you spot an aggressive driver, get out of their way. Put your pride in the back seat and choose not to challenge them. You should avoid eye contact and shrug off rude gestures.

-Share the Road. Be on the lookout for commercial truckers, motorcyclists, bicyclists and pedestrians. Be a courteous driver. Be aware of trucks "no zones" or blind spots. If you are unable to see the face of the driver, they're unable to see you. Allow other travelers plenty of room. Never tailgate. Reducing the distance between you and another traveler reduces your reaction time.

Start off 2012 right and make the resolution to be a safer driver. The change starts with you.

Continue reading "Make the New Year's Resolution to Reduce Risks of Car Accidents in Gary " »