Indiana Injury And Family Lawyer Blog

Parents of young children should take note of recent media reports signaling the threat of possible child injury in Indiana when using the Bumbo seat.

The seat, made of soft foam and manufactured in South Africa, has become monstrously popular, selling more than 4 million seats in the U.S. alone.

Many parents seem to love the seats because they allow their young infant to sit up, often for the first time. There are no safety straps or buckles, and manufacturers say this is a good thing, as it's not meant to restrict the baby's movement.

But, as our Indiana child injury attorneys know, babies need to be secured. A number of advocacy groups say the fact that that children are not strapped down while in these seats has led to skull fractures and other injuries.

It's been five years since the seat was initially recalled. In 2007, a number of parents began reporting that their children were being hurt when they were placed in the seat that was then placed on an elevated surface, such as a bathroom counter top or kitchen table.
When the seats were recalled, warning labels were placed on the sides, alerting parents and caregivers to the potential dangers of using the seat up high.

Before the recall, the U.S. Consumer Product Safety Commission reported it had received reports of 46 accidents. In 14 of those cases, the infants suffered a serious skull fracture. Unfortunately, it does not appear the accidents are being reduced after the recall. In fact, the commission reported that since the recall, it has received reports of 45 more children being hurt after falling out of the seats, with 17 of those suffering head injuries.

Additionally, the commission reports that it has received 50 reports of little babies who fell out of the Bumbo seats when they were on the ground. Of those, two had head injuries and another had a concussion.

One would think this would be enough for the commission to issue a second recall of the product. This is exactly what a number of children's advocacy groups have been asking for, with a letter-writing campaign to the government agency. They are still waiting to hear back, according to various media outlets.

Even amid concern among parents, caregivers and government regulators, the maker of the Bumbo seat continues to say the product is not a danger. If used correctly, a spokesman said, the seats are safe.

Putting a strap or safety restraint on the seat isn't an option, the spokesman said, because that would create a false sense of security for parents. The spokesman added that of the 45 new accidents, more than a quarter of them happened in the old seats with no warning labels.

A California pediatrician was quoted by one news agency as saying that even if a parent were standing or sitting right next to the child, an accident in one of these seats could unfold in a split second.

Continue reading "Child Injury in Indiana a Threat with Bumbo Seat " »

Social media has become one of the biggest movements in our world in the last decade. People are able to connect worldwide over social networking web sites. Text messaging has been used as one of the easiest and quickest ways to spread a message.

All of these tools have become important in many people's lives. They use them all the time to communicate and for some, they have become second nature. But while Indiana divorce attorneys understand their value in society, they also recognize the danger they could pose in an Indiana divorce.

A recent story by Reuters suggests that text message evidence could be used against a spouse in a divorce case, which is just another way that the court system is adapting to the new use of technology.

As smartphone technology continues to develop, allowing for instant messaging and fast-moving texting, attorneys say they are seeing an increase in the number of cases where iPhones and other smartphones are cited in evidence of a divorce case. This is according to an association of divorce lawyers.

This follows a previous study from a few years ago, when the group of lawyers noted that there had been an increase in Facebook references in divorce cases as well. As social media and text messaging have become more and more prevalent, it makes sense that lawyers have attempted to use this as evidence to get an edge in court.

While e-mails usually allow a user to re-think what may look like a rant in hindsight, a text message is more immediate. People may be more likely to send exactly what they're thinking or doing via text, whereas an e-mail provides the opportunity to clarify one's thoughts.

Text messaging is the most popular form of evidence that comes from smartphones, following by emails, phone numbers, call histories, GPS and Internet search histories. Not every text message can be printed as easily as an e-mail, but there are ways to do it. Some divorce attorneys think that's why people may be more willing to send a nasty text.

But if a person keeps their text message history for a long time, even if one person deletes the message doesn't mean the other person has as well. Facebook is also a dangerous place to vent because many people can see it and possibly print a screen grab of the page.

These are all warnings for people who are considering divorce in Indiana. It is never going to be beneficial for a person in a divorce proceeding to go on a rant, vent against their spouses or otherwise use these communication tools to contact a person they are divorcing.

This can quickly go from a one-time rant to a long-term headache if the evidence is preserved and used against them at trial. No one is immune to these traps if they are constantly using these forms of technology. The warning is clear -- be careful what you tweet, text or post. It could come back to haunt you.

Continue reading "Indiana Divorce Proceedings Can be Affected by Social Media " »

A number of storefronts have sustained damage, due to car accidents in Lafayette.

According to the Chicago Tribune, a number of those crashes involved drivers who were over the age of 65.

Thankfully, it doesn't appear any of those involved suffered any serious injury as a result of these crashes.

Our Indiana car accident attorneys know that as the elderly population continues to grow, the number of seniors behind the wheel increase as well. Not only that, but these older residents are holding on to their drivers' licenses longer than ever before.

According to the AAA Foundation, nearly 95 percent of people between the ages of 65 to 69 have a driver's license, and nearly 80 percent of those 70 and older had a license. Compare that to statistics from 1983, when the percentages were 80 percent and 55 percent, respectively.

The number of older drivers is increasing at a much faster pace than ever before. The AAA Foundation further reports that the number of young drivers (under the age of 40) decreased by 10 percent during that same time frame.

In Indiana, older drivers don't face as many driving restrictions as you might think.
Drivers between the ages of 75 and 85 have to renew their licenses once every three years, compared to younger drivers who have to renew every six years. If you're over the age of 85, you have to renew every two years.

Officials with the state's Bureau of Motor Vehicles told reporters that the only thing that might prevent an older driver from renewing their license would be if they can't pass the vision tests. Even if they do fail it, they can wait two weeks and take the test again. If they fail it a third time, they can get a six-month learner's permit before retaking it yet again.

While no one wants to take away a person's ability to be self-sufficient, that independence should not come at the cost of everyone else's safety.

In what we think is a fair compromise, some organizations - including the AAA Foundation - are offering classes for aging drivers. The incentive for older drivers, in addition to decreasing their chances of an accident, is a break on their insurance, which tends to go up after a certain age.

Many older drivers do take certain safety precautions on their own, often avoiding driving at night, on the highway and during rush hour. They also are less likely to drink and drive and wear their seat belts, more often than younger drivers.

However, recent research has shown that older drivers, while they may have fewer actual crashes per person, have more crashes per miles driven. They may be generally safer on the road than younger drivers, who are more apt to take dangerous risks.
The risks they do pose are serious, though, and need to be addressed.

It's a difficult conversation to have with an older loved one. The Hartford insurance company offers some excellent advice on how to open the conversation. This is particularly important if you have noticed that your loved one has been experiencing health changes, car accidents or near misses.

Some suggested conversation openers:

-- "I'm glad you've cut down on driving at night. I wouldn't ever want you to drive if it makes you uncomfortable."

--"Have you talked to your doctor about how your medication might be affecting your driving?"

--"Yesterday was a close call. I've been worried about your safety when you're on the road."

--"I've been worried about you getting lost."

Continue reading "Seniors at Higher Risk of Indiana Car Accident " »

Many everyday citizens think of celebrity and Hollywood divorces as very complex and probably more contested than a normal Indiana divorce.

But that's not necessarily the case. While most divorcees aren't trying to determine who will get the Beverly Hills mansion, who will get the $250,000 sports car and the driver service, many of the factors are still the same. No matter who is involved, emotions can run just as strong.

Indiana divorce attorneys are trained to look into every aspect of a divorce case, from the finances, to possible after-divorce payments, to child custody and asset and debt division. This is a complex process, regardless of the income level of the spouses. Money also has nothing to do with how stressful and emotionally draining this process can be.

A lawyer is an important part of the process because spouses who are getting divorced often don't want to have the added stress of not trusting who is representing them. Not that they should have a hands-off approach, but they must trust that the person they have hired is going to work for their best interests.

Two high-profile divorce cases show that every couple can have its problems and require legal representation in a divorce. Los Angeles Lakers star Kobe Bryant and his wife Vanessa are in the middle of a divorce.

Records show that Vanessa Bryant is slated to receive about $18.8 million in property from her husband. It's unclear, though, if a prenuptial agreement was in place. The Los Angeles Times is reporting there was not. Vanessa Bryant filed for divorce several months ago, citing "irreconcilable differences" in their marriage.

The newspaper is reporting that millions of dollars in property has already been transferred from Kobe Bryant trusts to his wife.

In another high-profile case, model Heidi Klum and singer Seal are reportedly splitting as well. The New York Daily News is reporting that although the couple announced a breakup but continued wearing their wedding bands, the split is indeed going to happen.

Several news reports stated that Seal was seen in an airport without his wedding band recently and Klum spent Valentine's Day alone at a private Los Angeles club. The couple was married for seven years and have four children together. The children are ages 7, 6, 5 and 2.

The couple has decided to not have contact with each other despite saying publicly after the divorce that they still loved each other and would always be tied together.

This is a common hurdle that couples must face when divorcing, especially when they have children. These emotions can tug on divorcees and make the proceedings much more difficult.

An experienced Indiana divorce lawyer can limit the amount of stress by being organized, knowing the law, having years of experience and being prepared to handle all financial questions that a client may have. Being ready to do what's in the best interests of the children and the spouse should be the top priorities, and clients should notice the attorney's work quickly in the process.

Continue reading "Indiana Divorces Mirror Those of Celebrities " »

Indiana drivers are still coping with the dangers of winter weather conditions on our roadways. To help to reduce the risks of a weather-related car accident in Indianapolis or elsewhere throughout the state, there are a few safe driving tips you should keep in mind on every car ride.

Our Indiana car accident attorneys and the Indiana State Police are offering Hoosiers and visitors a few winter driving safety tips to help to keep drivers safe. First, we ask all motorists to prepare themselves for the dangerous conditions. Before you head out, check the weather and traffic conditions. If you have a passenger riding along with you, make sure they know where you're headed so they can help you with driving directions. This way you can keep all of your attention on the roadways and avoid the distractions of a map or a GPS.

Before you head out, also make sure your gas tank is full. You don't want to get stranded in the biting cold because you failed to put gas in your car. You're also urged to keep a winter driving kit with you at all times. This kit should include a flashlight, some extra batteries, blankets to keep you warm in case you break down, a brightly colored cloth to tie to your antenna to signal help, sand (or cat litter), a candle, some matches, a shovel, non-perishable foods that have a high calorie count, a cell phone, jumper cables and a first-aid kit.

Adjust your driving to the current road conditions:

-When there are poor weather conditions, give yourself extra time to get there by leaving earlier.

-Be sure to clear all your vehicle's windows of ice and snow. Remove snow and ice from the hood, the headlights, the roof and the taillights as well.

-Be cautious when traveling near bridges, shaded areas, underpasses and intersections. In these areas ice forms more quickly and takes more time to melt.

-Slow it down. Traveling at a slower speed will help you to increase traction between your tires and the roadways.

-Avoid using your cruise control on slick or icy roadways.

-Try not to start or stop abruptly. Slow down and accelerate at a slow speed. Keep your wheels turning to stop you from losing traction.

-To reduce the glare of your headlights on the ice, use your low-beam headlights.

If you get stranded, there is a whole new list of things you should do. Listen up! If you're car breaks down in the middle of winter conditions, your best bet is to stay with your car. It is the best protection you have after all. This is where that brightly-colored cloth comes in. Tie it to the antenna of your vehicle to signal to passing motorists that you need help. It may be cold outside, but you want to keep your window cracked to get some fresh air. Keep an eye on your exhaust pipe. If you allow it to get blocked, you run the risk of carbon monoxide poisoning. Keep your exhaust pipe clear of snow and ice. Avoid panicking. Remember that an idling car uses about a gallon of gas every hour. If you kept your gas tank filled, you should have no problem.

Continue reading "Tips to Reduce Risks of Winter Weather-Related Car Accidents in Indiana " »

Indiana is the home of this year's big game -- Super Bowl XLVI. Football fans from across the country will be flocking. Unfortunately, this is likely to mean increased risks for drunk driving car accidents in Indianapolis. To help to combat these dangers, the Indiana Governor's Council on Dangerous Driving will be funding even more drunk driving enforcement efforts on Super Bowl Sunday.

Officers from around the state will be on the hunt for drunk drivers before, during and after the big game, which starts at 6:30 p.m. This year's face off will be between the New York Giants and the New England Patriots. Some areas, like Porter County, are even offering rewards to anyone who reports a drunk driver that result in an arrest.

Our Indianapolis drunk driving car accident lawyers understand that almost 350 million people are expected to gather in front of a TV to watch this Sunday's showdown between the Giants and the Patriots. While the game starts at 6:30 p.m., you're urged to have your night planned out before then. Super Bowl Sunday is one of the deadliest days on roadways across the U.S. It's estimated that more than half of all fatal car accidents that happen on this football Sunday are alcohol-related. The big game Sunday was recently ranked in second place as the deadliest day of the year, behind New Year's Day.

Our personal injury lawyers and GEICO are here to remind you to plan your plays wisely to avoid a DUI arrest or a potentially fatal accident. The Insurance Information Institute (I.I.I.) reports that in 2010, nearly one out of every three fatal car accidents involved a drunk driver. The same statistics report that roughly 48 percent of all fatal accidents that occur on Super Bowl Sunday are alcohol-related.

Tips to Avoid Drunk Driving, from GEICO:

-Be sure you've got a designated driver on your team. Make sure they know who they are before the party begins and that they've agreed to drunk ZERO alcoholic-beverages.

-Eat plenty of food. Food will help you from over-drinking.

-Bring phone numbers to taxi companies just in case. You never know if you, a friend or another fan may need the assistance.

-Remember that you can be held liable if someone at your Super Bowl party is served too much alcohol and ends up getting into an accident on their way home.

-Watch how much you drink. You want to pace yourself.

-If you're designated driver bails, call a sober friend or family member, get a cab, stay in a hotel or crash at a friend's house. Whatever you do, don't drive if you've been drinking.

-Buckle up! Drinking or not, your best defense is a seat belt when you're in a traffic accident.

The National Highway Traffic Safety Administration reports that midnight to 3:00 a.m. is the deadliest time to be on our roadways. Once the game is over, you're urged to head home swiftly. The more time you spend on our roadways, the greater your chances are for getting into an accident.

Remember, if you think you've spotted a drunk driver on our roadways on Super Bowl Sunday or on any day of the yeas, contact local authorities. Your report could help to save a life.

Continue reading "Indianapolis Hosting Super Bowl XLVI -- Officers Hunt Drunk Drivers in Indiana Over Weekend " »