Indiana Injury And Family Lawyer Blog

In just a few days, on November 4th, we're going to get an extra hour of sleep. Unfortunately, with it will come an increased risk of traffic accidents through the remainder of the year.

Because our mornings are going to start later with the end of Daylight Savings Time, many of us are going to be making our evening commutes in the dark. It's not just the drivers that are going to be affected. It's also the evening pedestrians and bicyclists that are at serious risks, too.

Our Highland personal injury attorneys understand that accidents during this time of the year are much more likely. The weather is deteriorating and November is also the deadliest month of the year for traffic crashes involving deer.

Risks of Deer Accidents:

-Indiana is ranked the 8th most dangerous state for these kinds of accidents.

-October, November and December are the most dangerous months.

-There are more than 1 million deer-car accidents every year.

-About 200 people are killed, 10,000 are injured and vehicle damage results in close to $1 billion annually.

-About 60 percent of the people who are killed in these accidents are not wearing a seat belt when the accident happens.

Most of the crashes resulting in serious or fatal injuries occur when the driver loses control of the vehicle and drives off the road or into oncoming traffic. Even when dealing with your own car insurance company, talking with an attorney can best help you protect your rights and can help you to gain the compensation that you deserve.

Your chance of hitting a deer in the next 12 months is 1 in 160, according to Wane.com. Another common problem we're going to have to deal with out there are the risks associated with winter driving.

Winter Weather Safe Driving Tips, from the Indiana Department of Transportation:

-Check weather and traffic reports before heading out.

-Make sure your windshield is clear of snow and ice before starting.

-Be on the lookout for black ice. Be cautious when driving through intersections, bridges, off-ramps and shady areas. These are all hot spots for black ice.

-Leave early and allow yourself plenty of time to get where you need to be to avoid rushing.

-Keep your eyes on the road and your hands on the wheel as visibility may be reduced because of weather conditions.

-Go slow, even if you have a vehicle that is 4-wheel drive. With more powerful vehicles, you may be able to take off faster, but you're more than likely not able to slow down any faster.

-When you know you're going to brake -- brake early and brake slowly!

-Be cautious when traveling near snow plows. Allow them plenty of room when passing.

Continue reading "Highland Injury Attorneys & Your Risks of an Autumn Traffic Accident " »

Halloween is a holiday that our little ghosts and goblins look forward to all year long. It's not only a time for our children to dress up in spooky costumes, but it's also a time they get to carouse the neighborhood for sweet treats.

Unfortunately, Halloween can be a little tricky from a child-safety standpoint. Your child is more likely to be injured, and even killed, in a pedestrian accident during Halloween than during any other night of the year. To help to keep our kiddies safe, our Highland personal injury attorneys are here with some safe Halloween tips from the Indiana State Police.

Keeping Costumes Safe:

-Make sure that costumes are short to prevent any trip and fall accidents.

-Try to use face makeup instead of a full face mask. A mask can obstruct your child's line of sight. This makes it difficult to safely cross the street and tough to go up and down stairs safely.

-Make sure that children's costumes are light colors. Try putting reflective tape on their costumes to help to make them more visible to drivers passing by.

While Trick-or-Treating:

-Make sure that older children trick-or-treat with friends. Never allow them to trick-or-treat alone. Always accompany young children and everyone should travel in a group.

-Make sure that everyone has a safe route. Never trick-or-treat in neighborhoods that are dark or have dangerous roads.

-Make sure children know to only approach homes that have outdoor lights on.

-Always walk on sidewalks and on driveways. You never want to cut across someone's front yard.

-Try to start trick-or-treating early. Avoid trick-or-treating after the sun sets and when it gets dark. Motorists are less likely to see you when it's dark out.

-Give all children flashlights so that they can see where they are going and so that drivers can see them better.

-If your community has designated trick-or-treating hours, make sure that you and your family follow them.

Handling the Goods:

-Make sure children know not to try out any of their candy before they get home or before a parent can look over it.

-Make sure that parents check out all of the candy in a well-lit place.

-Only consume candies that are unopened and are in their original wrappers. Toss out anything that is homemade, is in a different package or just look suspicious.

Drivers are asked to be extra careful when driving around town on Halloween night. Kids are going to be out in force. Make sure you travel below the speed limit to help to protect our young ones. Be ready for them. They don't always understand the risks for injury that are associated with vehicular traffic. Be their saving grace and travel cautiously.

Remember that local schools, communities and churches even offer some safe alternatives to trick-or-treating. These kinds of programs are designed to keep kids off of the street and away from danger.

Continue reading "Happy Halloween from our Highland Injury Attorneys " »

National School Bus Safety Week will be taking place this year from October 22nd through the 26th, according to the National Association for Pupil Transportation (NAPT). This year's theme is "I see the Driver. The Driver Sees Me."

According to the School Bus Information Clearinghouse, there is no safer way to get a student to and from school than a school bus. Still, we see far too many school bus accidents throughout the country every year. Currently, there are close to 9 billion trips that schools buses take to and from school each and every day. There are close to 500,000 of these buses that transport 25 million kids each and every day.

Our Highland injury attorneys understand that there were nearly 10 kids who were killed in school bus accidents in the country last year. That may not seem like a lot, but when you figure the number of kids who were injured in these accidents, the risk is significant. One of the most dangerous times during a child's journey to and from school is getting to and from the bus stop. During this week-long safety campaign, parents, teachers and friends are asked to talk with their kids about the importance of getting to and from the bus stop safely. It's important that we teach our kids how to be safe when getting on and getting off of the bus as well.

Kids are always urged to wear a helmet when riding a bike and to wear a seat belt when riding in your car, so you might be a little bit surprised to learn that there are no seat belts on school buses. Every time a bus accident makes it into the news, the controversy over these requirements, or lack thereof, is brought back to the forefront. The truth of the matter is that conventional school buses are already designed in a way that purports to meet a different federal safety standard, permitting the lack of lap belts.

It's works under the theory of compartmentalization. We're talking about the thickly-padded seats that are placed close together and the high backs that they have on them. What this design does is creates a compartment meant to protect passengers in a collision.

But it's when these kids are walking to and from the bus stop and when they're waiting for their bus to arrive that we worry the most. These kids are alarmingly close to passing traffic. Talk with your child about the following safety tips to make sure they get to and from their bus stop safely each and every day.

Bus Stop Safety Tips:

-Never allow kids under the age of 10 to walk to the bus alone.

-Always make sure older kids are walking to the bus in pairs or groups, never alone.

-Make sure kids never walk near traffic. Use a sidewalk when one is available.

-Never approach a bus before making eye contact with the driver.

-Look at the driver before crossing the road.

-Never cross the street behind the bus.

-Wait for the bus at least 5 giant steps away from the road.

-Always hold the handrail when getting on and off the bus.

Continue reading "Highland School Accidents: National Bus Safety Week 2012! " »

There has been a lot of buzz recently about the increasing use of so-called "divorce coaches" in Indiana and throughout the country.

Our Highland divorce attorneys can most certainly understand the benefit of having someone to help you work through the emotional turmoil of a divorce, as well as help you organize and prepare your finances and other documents.

It must be noted, however, that most of these "coaches" are not lawyers, and a lawyer is the first person you need to meet with if you are thinking of filing for a divorce. This is because a divorce attorney will advise you on, legally, all the things you will need to consider. At the end of the day, divorce is a legal process, and you need to make sure your assets, child custody considerations and your other rights are protected.

Back in the 1990s, we began to see an increase of so-called "life coaches." These are people who are not necessarily counselors, but they will advise you in areas of relationships and intimacy, hot to handle stress, planning your career, spiritual growth, healthy living, parenting, etc.

Divorce coaching, which didn't really get a start until the early 2000s, is similar, except the focus is all geared toward the divorce process. In some cases, couples may even choose to work together with a divorce coach - though, again - you have to be careful with this because you don't want to jeopardize yourself from a legal standpoint by working with your soon-to-be-ex outside the courtroom. Always consult with an attorney before you engage in such sessions.

In some cases, divorce coaches will offer "pre-legal advice." Generally, this is advertised as a way to help people get organized before a divorce. They help you round up legal documents, tax papers, bank statements, etc. before you see a lawyer. This sounds like a good idea on the surface, but you have to be careful here for two reasons:

1. Your "coach," not being entirely familiar with the intricate aspects of family law, as spelled out in the Indiana Code, may not know exactly what you need or what someone in your exact circumstances will face. This is what your attorney is for.

2. You don't want to have to pay twice for the same thing. You know you are going to have to consult with a divorce attorney at some point anyway. Your attorney can be the one to tell you what documents are necessary, and which may be expendable.

The other service these individuals offer is sometimes referred to as "hand-holding." This might actually be one positive service. We know that some amount of venting is normal. But we realize you may not want to pay an attorney for his or her time to listen, and friends and family may be either biased or can't be the emotional rock you need right now. In these cases, having a neutral third party may be beneficial.

However, you should understand that these are not individuals who necessarily have a degree or certification in therapy or counseling. Their advice is not going to be made on the basis of any medical knowledge and they won't be able to diagnose or treat you if you do fall into a depression or suffer other health-related issues. Those kind of issues are specifically for a therapist or counselor or your physician, and again, it comes down to whether you want to ultimately end up paying two people for the same service.

And finally, divorce coaches advertise helping you get organized. But again, your Indiana divorce attorney can usually better tell you what it is your going to need to be adequately prepared for your case.

The bottom line is that relying entirely on a "divorce coach" to help you get started may end up costing you more in the long-run.

Continue reading "Are Indiana "Divorce Coaches" Worth It? " »

There were more than 5,180 reports filed for inadequate nursing home care in the state of Indiana in just the last year!

Sound high? That's because it absolutely is!

Recent stats with Medicare.gov conclude that the state of Indiana had some of the worst offenders for serious healthcare deficiencies against senior citizens in the nation.

According to ABC 57's look into South Bend nursing homes, there were dozens of pages of offenses that were noted at the Cardinal Nursing and Rehabilitation Center. In Milton Homes, just right down the road, one of the home's patients was sexually abused. And a complaint at the same facility alleged a patient didn't get her meds for more than 10 days. Reporters tried to contact the homes to get their excuses for the inexcusable mishaps, but the homes' staff was "gone for the day."

Our Highland nursing home abuse attorneys understand that the reports of neglect and abuse in homes across the country have been on the rise in recent years. Homes are trying to take care of more and more patients and aren't increasing the size of their staff. Not only are they working with a skeleton staff, but many times these staff members aren't properly trained or are otherwise under-qualified. The state of Indiana comes in 37th in terms of the average quality of care in nursing homes.

Here's how it all breaks down:

-There are close to 510 nursing homes in the state of Indiana that are certified for Medicaid and Medicare care.

-There are less than 49,320 available beds in these nursing homes.

-At any given moment in time, about 80 percent of these beds are occupied. While this number fluctuates, it doesn't move by much.

-Only about 15 percent of these homes carry a 5-star rating.

-About a quarter of these homes have a 4-star rating.

-About 20 percent of them come with a 3-star rating.

-Another 20 percent are only ranked with 2 stars.

-Close to 15 percent only have a 1-star rating.

-Believe it or not, 2 percent of our state's homes have a 0-star rating!

-About 57 percent of Indiana's nursing homes are owned by not-for-profit organizations.

-Only 2 percent of our state's nursing homes are operated within a hospital. Most of them (more than 85 percent) don't offer continuing care.

Before choosing a nursing home for your elderly loved one, we urge you to visit the Indiana Government website. Here you will be able to thumb through Report Cards for all of the nursing homes in the state. This is a system that was created by the Indiana State Department of Health in partnership with the Indiana Association of Homes and Services for the Aging as well as the Indiana Health Care Association.

These report cards are updated every 14 days. Families are urged to check out these report cards and to visit each nursing home in question before making a final decision. Consider cost, consider location, consider staffing and consider these report cards when choosing a home for your elderly loved one.

Continue reading "Indiana Ranks 37th for Nursing Home Care " »

In an effort to streamline the way Indiana courts handle contentious child custody cases, the Indiana Supreme Court will convene next month to decide whether to adopt a 33-page set of new guidelines prepared by the Indiana Judicial Conference.

The panel, comprised of state trial court judges, was charged with hammering out a plan that would help reduce conflict in the most bitter of child custody battles.

Our Hammond child custody attorneys know that most parents have the best interests of their child at heart - and that's what the court's goal is as well. In the majority of cases, parents who may be slightly more amicable will probably be given a plan under Indiana's "Parenting Time Guidelines." These are basic principals of the court that hold it's usually best for the child to have frequent and meaningful contact with each parent.

Under Parenting Time Guidelines, parents are expected to keep civil contact with one another, keep one another apprised of their contact information and should communicate directly with one another - not through the child. Additionally, each parent is allowed to have private communications with the child, and be given reasonable access to the child by telephone at all times. These rules also outline how the courts can break down who transports the child to and from visits, how much time each parent gets with the child and when, how to handle school activities, school records, medical records and decisions regarding holidays.

Failure to comply with the agreement as laid forth can result in a parent being held in contempt of court and potentially facing criminal penalties under Indiana Code 35-42-3-4, kidnapping.

Of course, it rarely comes to that, and most parents work out a plan that generally fits their lives, even if it must occasionally be revisited.

However, there are the cases where parents can't seem to agree on anything. These would be in cases in which there is:

• A pattern of ongoing litigation;


• Chronic distrust and anger;


• An inability to communicate civilly about the child;


• An inability to cooperate in the care of the child;


• Other behaviors that place the child's well-being at risk.

The guidelines are too numerous to name each individually, but they generally involve a focus on allowing each parent to do their job as parents without interference from the other during the time the child is with them. The court would call this being "on-duty."

The "on-duty" parent would have a say over the day-to-day decisions and control of the child. This also means that neither parent is allowed to schedule activities for the child during the time the other parent is on-duty, without some kind of prior approval from the on-duty parent.

Just like in Parenting Time, the child is not to share any of the responsibilities for communication or decision-making.

It also spells out exactly how holidays are to play out. For example, on Thanksgiving, a child will spend from two hours after school that Wednesday until that Sunday at 7 p.m. with the father on odd-numbered years, and conversely with the mother on even-numbered years. Additionally, Martin Luther King's Day and President's Day are added to the list of holidays that are included.

These enhanced guidelines may help some parents who can't seem to reach agreements otherwise, but you will still need an experienced child custody lawyer in your corner.

If the Indiana Supreme Court adopts the parallel parenting guidelines, they will go into effect early next year.

Continue reading "Indiana Supreme Court to Consider Revamping Child Custody Rules " »

Listen up parents!

Your teens are watching your every move behind the wheel. There will be no bigger impact on their driving habits than the example you set behind the wheel. According to Claims Journal, a recent study from Liberty Mutual Insurance and SADD (Students Against Destructive Decisions), close to 70 percent of teen drivers say that their parents are following a whole different set of driving rules as they are -- and it's not fair.

In the recent study, there were more than 1,500 teen drivers surveyed. What the survey found is that these young drivers are highly likely to mimic the driving behaviors of their parents. If you're driving poorly, your child is going to as well. Some of the dangerous driving habits that were noted in the study were distracted driving, speeding, driving without a seat belt and even driving under the influence of alcohol. Parents who engaged in these dangerous driving habits were likely to have teen drivers who did the same thing.

Our Highland car accident lawyers understand the driving habits that these young drivers learn during their first year behind the wheel are most likely the driving habits they'll hang on to for the rest of their lives.

Teens observe their parents and the following common dangerous driving habits:

-More than 90 percent talk on the phone behind the wheel.

-Close to 90 percent exceed the speed limit.

-Close to 60 percent text message while driving.

-Half of teens are driven by a parent who isn't wearing a seat belt.

-About 10 percent drive under the influence of alcohol.

"The best teacher for a teen driver is a good parental role model," said Stephen Wallace, senior adviser for SADD.

It's important for everyone in your household to follow the same driving rules. Make sure that you talk with your teen about safe driving. Have this conversation with your teen frequently. You might not think so, but you're the most influential person in your young driver's life.

Of the 1,700 teenager who were surveyed, most reported their parents were making poor driving decisions.

Poor Teen Driving Behavior:

-90 percent say they talk on the phone behind the wheel.

-Close to 95 percent say they speed, at least occasionally.

-Close to half say they speed often.

-About 80 percent say they text message while driving.

-More than 15 percent say they drive under the influence of marijuana.

-About 15 percent say that they drive under the influence of alcohol.

-About a third say that they drive without wearing a seat belt.

Parents -- talk with your teen about the importance of safe driving. More importantly, make sure that you're setting a safe example behind the wheel. Winter weather is just around the corner. Many teens are earning their driving rights as the new school year gets under way. Helping your young driver build a strong foundation can help keep them safe for years to come.

Continue reading "Highland Traffic Safety Starts with Parents " »

A 56-year-old Hobart man escaped life-threatening injuries when his vehicle wedged beneath a tractor-trailer and up against a retaining wall while merging onto I-80 eastbound, according to the Indiana State Police.

The picture (available at above link) shows how precarious the driver's position was as his vehicle wedged partially beneath the trailer between the tractor and the trailer's rear axles. State police say the driver failed to manage the merge before the lane ended and his Toyota was struck by the semi, which was carrying more than 44,000 pounds of soft drinks. The truck driver was not injured. The vehicle's driver was taken to Saint Mary's Medical Center with non-life-threatening injuries.

A Highland personal injury attorney experienced in handling semi accidents in Indiana knows fatal injuries often result when a passenger vehicle passes beneath a tractor-trailer. Even 5-star safety-rated cars are not meant to withstand these underride accidents -- thus, decapitation risks make them particularly deadly.

Such accidents may occur several other ways.

One of the common factors in such crashes is failure of the underride guards. These guards (which you commonly see hanging down beneath the rear of a tractor-trailer) are designed to prevent passenger vehicle's from traveling beneath a trailer in the event of a rear-end collision. However, they are notoriously unreliable. A study last year by the Insurance Institute for Highway Safety found guards approved for use in the United States failed more frequently than those that comply with more stringent Canadian standards. However, neither performed well in the event of a rear-end collision, particularly when the vehicle strikes the trailer at an angle.

Only 22 percent of the rear-end crashes studied did not result in some underride of the vehicle. In 23 of 28 fatal accidents, catastrophic underride occurred.

The other way these accidents commonly occur is when a motorist does not allow a tractor-trailer plenty of room when making a turn. Semis have a much wider turning radius than passenger vehicles -- particularly when making a right turn. The right-side convex mirror is rendered useless during such a turn, leaving the driver blind to the inside of the turn. The truck must swing wide enough to ensure the trailer's trailing wheels do not strike the curb, a pedestrian or other obstruction located to the inside of a turn. When turning left, a trucker still must swing wide but has the benefit of seeing the inside of the turn through the driver's side cab window and can thus be more precise.

Motorists should never attempt to pass a truck making a turn. A trailer may catch a vehicle on the outside as it swings wide. Neither should a motorist attempt to beat a tractor-trailer to the turn by trying to skate by on the inside, where it can be caught by the swinging trailer as it tracks out of its turning radius.

Continue reading "Indiana Tractor-Trailer Risk Highlights Risk of Underride Collisions " »

The AAA Foundation for Traffic Safety reports that about 70 percent of all residents who are over the age of 64 are taking at least five medications every day, which can negatively affect their driving habits. These side effects can produce deadly results.

Medications, prescriptions and over-the-counter drugs come with a ton of warnings about their side effects. Some of these side effects include drowsiness and other risks that are associated with driving. Our Highland accident lawyers understand that many of these drivers have no clue about the side effects -- let alone how their drugs may be interacting with one another. Even with the list of side effects available on these medicines, some can have a totally different affect when combined with other drugs. That's why it's important for you to get information regarding you prescriptions from a specialist.

Popular medications that are known to impact driving:

-Decongestants

-Antihistamines

-Cough medicines

-Antidepressants

-Sleep medicines

-Narcotic pain pills

-Tranquilizers

Most of us have taken some of these at one time or another. But how many of us knew how they would impact our driving abilities? That's why officials with AAA have created the "Roadwise Rx" tool. It's an online program that allows you to enter in the medications and the prescriptions that you're currently taking. The program offers you personalized feedback regarding these side effects.

"With medical conditions typically on the rise as people age, and treatment often dependent on medicinal interventions, there was a critical need to develop a tool to help older drivers understand the safety risk," said Peter Kissinger the president of AAA.

As we age, our abilities to drive age as well. When you throw medications into the mix, many older adults are at increased risk for an accident and aren't even aware of it.

It's important that we're cognizant of all of the things that can affect our driving. This not only includes the effects of medications, but the effects of sleepiness, anger, distractions and alcohol as well. Knowledge is key in preventing car accidents. Take a look at your loved ones. Are any of them at serious risks for a car accident? This is especially relevant to our elderly drivers.

It's an issue of increasing concern. By 2020, there are expected to be many more elderly drivers on the road. Officials with AAA estimate that one out of every six people in the country will be 65 years old or older by that time. Baby boomers are also expected to be hanging on to their driver's licenses longer than their parents.

If you have an elderly loved one, check in on them. Talk with them about their prescriptions and the effects that they might be having on their driving abilities. Go with them to talk to a physician or a doctor or visit the Roadwise Rx website with them.

Being proactive can make a real difference as we head into the busy holiday travel season!

Continue reading "Elderly Drivers, Prescription Drugs & Driving Risks in Highland " »

A couple begins arguing over allegations that the man is cheating on the woman.

The fight escalates to physical violence, with the man reportedly head-butting the woman, causing her to require stitches.

The woman subsequently files for divorce.

Indiana divorce lawyers know that this type of scenario is frighteningly common that it would hardly garner any attention at all, were it not for the fact that it involved former NBA star Chad Johnson and his reality star wife, Evelyn Lozada.

The only real difference here is that as far as we know, the violence Johnson reportedly inflicted on his wife occurred only once before she left him. Sadly in most cases, the abuse may stretch on for decades before the victim decides he or she is ready to leave.

During a divorce action, at-risk spouses must be particularly careful. In fact, intimate partner homicides are twice as likely to occur during a separation or divorce than at any other time. That's why it is critical if you have been a victim of domestic violence prior to filing -- or if you suspect your partner may be capable of violence -- that you discretely consult with an attorney who has experience in handling similar cases. An experienced attorney will understand the type of plan that must be formulated in order to ensure your protection - and it does require planning.

Unfortunately, oftentimes the spouse who is being left can not accept that it's actually over. Johnson may be a perfect example. Following his wife's filing, he proceeded to get a large tattoo of her face on his leg. When asked if they were getting back together, he publicly stated he did not care what she had filed, the pair would remain married. He has also refused to sign divorce papers. She, meanwhile, maintains that she is moving forward with the proceeding in order to protect herself.

While this case illustrates that no one is immune from domestic violence, it's true that Lozada may have resources that most abused spouses do not. This is where the careful planning comes in.

Here are some general steps that need to be taken:

Meet with a family law attorney who is experienced in situations with domestic violence. We can assist you in determining the safest way to leave. We can offer discrete consultations about what your options are, what documents and other items you need to gather (if you can do so safely), how you can protect your children, where you can seek shelter and whether law enforcement should be involved. Some of the things you will likely need to have before you go include: Important documents (license, passport, health insurance card, green card, house deed, etc.), medications, money and/or checkbooks and/or credit cards, clothing and jewelry and copies of unpaid bills.

Your family law attorney can also help you file for a temporary civil restraining order. It's true that a piece of paper may not keep someone away if he or she is determined, but it does give you some legal recourse and protection.

Locate a woman's shelter and social-service resources for abused spouses and children. Your attorney can help you with this as well.

Talk to your employer and your children's school administrators about your situation so you can avoid any inadvertent disclosure of your location or any other information.

Get a cell phone to which your ex will not have the number and give it out only to a very select few people you know and trust.

Continue reading "Protect Yourself From Abusive Spouse During Divorce " »

As parents, we worry about our kids.

That worry is magnified when we send them out in a motor vehicle. Now, there's a way that you can keep an eye on them even when you're not in the passenger seat. It's the Push Text app and it's available for both Andriods and for iPhones.

According to the Courrier-Journal, the program gives your teen driver a bumper sticker that reads, "How is my KID driving? Push Text my tag #." You get the app on your phone and you get to read all about their driving. The app will only cost parents $15 for the first 12 months and then $10 for each year after. All you have to do is download the app and register your kid's plate number.

Our Highland accident lawyers understand that car accidents continue to be the leading cause of death for teens throughout the country. They have higher accident risks that any other age group of drivers. During their first year behind the wheel their accident risks are the highest. It's important that parents stay involved in their teen's driving career to help minimize the risks as much as possible. This app, some say, is going to help to do just that. Others say that it's an app that comes with many more cons than pros.

Some are saying that this app is dangerous because it's urging other drivers to whip out their phone behind the wheel and start composing a message about someone else's driving. This is only going to increase the risks for distracted driving car accidents. Others are saying that this app is going to allow drivers to falsify reports. Since the messages are anonymous, drivers believe that others are going to submit fake reports and the system will never be accurate.

"This puts a little bit of yourself in the passenger seat as a parent," said Michael McManigal, creator of the app. "Once (teen drivers) leave the driveway and turn the corner and they're out of sight, no one's policing them."

Teens are reminded that having a driver's license is a privilege and it's a privilege that can be revoked if you're not responsible. In 2009, there were more than 40,000 drivers who were under the age of 21-years-old who were involved in a car accident in the state of Indiana. There were close to 50 of these individuals who were killed in these incidents, according to the Indiana Criminal Justice Institute.

For this reason, officials with the Indiana Criminal Justice Institute (ICJI) and with the Governor's Council on Impaired & Dangerous Driving continue to work with teenagers, parents, legislators and safe driving advocates to help to increase awareness about the importance of a thorough driver's education for our young ones.

One of the main reasons that these young drivers get into car accidents is because of the number of passengers they have in the car. A number of studies have proven that just one young passenger doubles the risks for your teen to get into an accident.

We're asking all parents to sit down and to talk with their teens about safe driving habits. Make sure they understand the risks that are associated with distracted driving. Make sure they're aware of their state-issued driving restrictions through the Graduated Driver's Licensing (GDL) program and that they're abiding by all of these rules. Staying involved can help to decrease their risks and can help to keep them safe out there!

Continue reading "Keeping an Eye on Our Teen Drivers, through Smartphones " »

A divorce and subsequent fight for child custody can be two of the most trying things you may ever endure. Many people liken it to dealing with a death.

Indiana child custody lawyers know it is the end of whatever dream you may have had for a future with you and your spouse together. Plus, you feel as if you're losing your whole family. It's understandable that mounting frustrations can bubble over, and that's often where it gets ugly.

Having an experienced attorney, of course, is the best thing you can do to protect your rights and to try and eliminate as much of the unnecessary emotion as possible from the equation.

But you have to be careful of how you express those negative emotions. Whether it's a nasty e-mail to your ex, a post on Facebook or, in this case, a song on YouTube that includes threats against the judge, it can sometimes jeopardize the merits of your divorce case or child custody dispute. It may even result in criminal charges, as it did in U.S. v. Jeffries, recently reviewed by the U.S. Court of Appeals for the Sixth Circuit.

This was a case out of Tennessee, and although divorce and child custody laws vary significantly from state-to-state, the basic concept is relevant anywhere in the country.

In this case, the man was embroiled in a bitter custody battle for his young daughter. He had been actively seeking greater visitation time with his daughter. In his frustration, he penned a song detailing his emotions. Half of the song talked about relationships between fathers and daughters and the importance of spending time together. Conversely, the rest of the song is a litany of complaints about the legal system, his ex-wife - and the judge. With regard to the latter, the amateur musician threatens in his song to kill the judge if he does not grant him greater custody rights.

The man performed the song, complete with acoustic guitar, and posted a video rendition on YouTube.

It includes such lines as, "I guarantee you, if you don't stop, I'll kill you," and, "If I have to kill a judge or a lawyer or a woman I don't care."

This was several days before a re-hearing on his visitation rights. He uploaded the video and shared it with several friends and family members. He dedicated the song to the judge. The video was also shared with a state representative, a local television station and a fathers' advocacy group.

He tried to take it down 24 hours later, but by that point, it had been forwarded multiple times, including to his ex-wife, who then forwarded it to the judge.

Law enforcement viewed the video, and the case was forwarded to federal prosecutors, who charged him with violating 18. U.S.C. 875 (c), which prohibits transmission in interstate commerce of any communication that contains a threat to injure another person.

By law, the threat must be "objectively real" in that a reasonable person could have concluded that the threat was true. Regardless of his intent, the question before the jury was whether a reasonable person could have perceived a potential for a viable threat. His defense attorneys argued that he meant no actual harm to the judge.

Ultimately, both the trial court and later the appeals court determined that the threats were objectively true. A conviction on this charge carries a maximum penalty of up to two years in federal prison.

What's more, as a convicted felon, this father may have lost any chances at increased or sustained visitation.

It's a sad case, but the lesson here is critical: If you need help working through this incredibly stressful time - seek it in the form of counseling. Let us take care of the rest. And keep your life out of social media until your case concludes.

Continue reading "U.S. v. Jeffries: Be Cautious of How You Express Frustration " »

A new report released by the non-profit group Child Aware of America indicates that cost for child care now exceeds rent payments in most states in the country.

In Indiana, which is ranked as having the 10th highest child care rates in the country, parents are typically paying about 13.5 percent of their income on child care. This was only slightly behind the state with the No. 1 highest child care rates - New York, where families paid about 15.9 percent of their salaries for it.

Indiana child support lawyers know that this is difficult enough for two-parent households. It's nearly impossible when a single parent is treading water, trying to stay afloat on the bills.

For many parents, the issue of support - or rather, refusing to collect it when they could - is a source of pride. It sends a message to the non-involved parent that, "I can do it without you."

It's a sentiment that, given the rising cost of so many goods and services, few single parents can afford. Many are finding that they now have no choice but to petition the court for a support order just to make ends meet.

Other single parents may have support orders in place that are not being honored by the non-custodial parent. In these cases, custodial parents can petition the court, with the help of their attorney, for some form of relief from the court. Judges have the authority to order a variety of relief measures, such as wage garnishment, liens or revocation of driving privileges.

To put into perspective what many single parents are dealing with, consider some of the figures from Child Care Aware's new research:

• The yearly cost for infant care rose by about 2 percent last year - in some cases, by as much as $15,000;
• The yearly cost to care for a 4-year-old spiked by more than 4 percent - in some cases by as much as $11,700.
• In half of all states, the cost of child care for one child exceeded the annual median rent payments;
• When the cost for two children were considered, it exceeded rent in all 50 states;
• In 35 states, the cost for full-time infant care exceeded the cost of in-state tuition and college fees at a four-year university.

Then you factor in a host of other upwardly-spiraling costs, such as a 30-cent spike in gasoline prices and grocery bills that have shot up more than 10 percent in the last month, and it becomes clear the family budget is under pressure from all sides.

A report that was released earlier this summer by a separate non-profit indicated that the cost to raise a child will be $8,000 more for a child born in 2011 than for a child born in 2010.

All this, and we haven't even talked about the current job market.

The bottom line is this: There is no shame in seeking support for your child - support to which he or she is rightfully entitled.

But you shouldn't go it alone. We can help.

Continue reading "Rising Child Care Costs Drive More Parents to Seek Support Payments " »

A recent change to Indiana child support law has reduced the child's cut-off age from 21 to 19, but also makes exceptions with regard to educational support (such as contributing to college).

Our Jasper County child support attorneys understand that the law will apply retroactively - meaning if you already have a standing order and your child is between the ages of 19 and 21, you stand to lose that support.

However, the parent paying the support must petition the court to be allowed to terminate those payments - it shouldn't happen automatically.

Consulting with an experienced child support lawyer will allow you to explore all options available considering your unique situation.

The legislation, Senate Enrolled Act No. 18, was a move to amend Indiana Code concerning juvenile law and family law - specifically, IC 31-13-11-18. The statute was amended to say that effective July 1, 2012, a parent has a duty to pay for child support until the child becomes 19 (instead of 21), unless one of the following two conditions is present:

1. The child is incapacitated, in which case the court would determine how long support should continue;
2. The child is emancipated prior to 19 years of age, excepting for educational needs. Emancipation would be determined by some of the following criteria: the child is at least 18 years-old, isn't enrolled in school, is capable of supporting him or herself, is on active duty in the U.S. Armed Services, is married, or is no longer under the control of either parent or any individual or agency approved by the court.

With specific regard to educational needs, the new law indicates that any child support orders that were issued prior to the effective date (July 21st) may petition the court for educational coverage until he or she the age of 21. However, any child who is receiving support for an order issued after that date can file a petition for coverage of educational needs only until the child reaches the age of 19.

Indiana legislators reportedly chose age 19, as opposed to age 18, because a small percentage of high school seniors - about 1 percent - are 19 years-old.

But why this move, why now? The main reason for the change is that fathers often didn't pay past age 18 anyway. Most mothers did not file petitions in court to make them pay, though they legally could have done so. However, this failure to pay rate affected the state's overall child support payment success rates, often lowering the state's eligibility to receive federal funding for the program.

There has been some speculation, however, that there may be many legal challenges ahead, specifically as it relates retroactively to cases. The primary argument would be that it may illegally invalidate contracts between parents - particularly agreements that specifically say that one parent must pay the other child support until the child is 21 years-old. It may not have much bearing for individuals whose agreements are more generally worded.

The move is not a major shock, especially considering that Indiana was always among the small percentage of states that allowed child support to go beyond 18 or 19 years-old. In fact, there are now only two remaining states and the District of Columbia that have the 21-year cut-off.

Still, a number of family law judges are expecting a surge of petitions for modifications from both sides - parents who are seeking to have their support amended to the new cut-off age, and those who may seek other modifications to boost payments now in anticipation of the new cut-off.

The implementation of this measure is expected to be somewhat confusing. If you have questions about your rights in light of this new law, please contact our offices. We'll be happy to help.

Continue reading "New Changes to Indiana Child Support Law May Affect You " »

Not only is it the summer season, when roadside workers are out there working to improve our state's streets, but we're also in the middle of Indiana's fully-funded 10-year highway construction plan, Major Moves.

According to the Indiana Department of Transportation, the Indiana Work Zone Safety Law is being pushed during this time of the year to ensure the safety of everyone in our work zones. If you're cited for unsafe driving behaviors or disobeying other road laws in a work zone, you're going to get a citation of $300.

For a second-time offense, you're going to get slapped with a $500 fine and a $1,000 fine for a third-time offense. Motorists who are busted driving aggressively or recklessly through a work zone face fines up to $5,000. If you end up injuring or killing a worker, you could end facing $10,000 in fines and up to eight years behind bars.

We all know that highway work zones can be frustrating at times. But it's important to remember that these workers are out there to make streets safer for Hoosiers. You've seen the orange cones and barrels. They're not only there to warn you about road work, but to also remind you to practice safe driving habits.

Our Highland accident lawyers understand that dangerous driving habits not only put you and your passengers at risk for an accident, but also increase risks for roadside workers who are out there trying to make driving a little easier for you in the first place.

You're at serious risks, too. As a matter of fact, four out of every five people who are killed in highway work zones are motorists. There were nearly 15 fatal accidents in 2011. Some of these accidents were noted to be the result of dangerous driving, including improper lane changes, driver fatigue and following too closely.

To help to keep everyone safe, employees completing this road work typically do their jobs during off-peak and nighttime hours whenever possible. For extra safety, they also install concrete barrier walls on busy streets, use electronic message boards, wear protective equipment and use extra police patrols in highway work zones. What's missing is cooperation from some drivers.

Officials are asking drivers to stay alert behind the wheel and to pay close attention to your surroundings while driving through a work zone. In these areas, lanes change, speeds are altered and workers are oftentimes present. Make sure that you keep it slow and merge into necessary lanes before entering a work zone. This will help to keep traffic flowing safely and smoothly in these areas. You're also reminded to avoid distractions in these zones and to avoid tailgating other vehicles. Keep your full attention on what you're doing -- driving.

Work Zone Travel Tips from Transportation Officials:

-Avoid distractions, especially the three C's: Coffee, CDs and Cell Phones.

-Be ready for delays. Leave early for your destination to avoid rushing.

-Select an alternative route if possible and avoid construction altogether.

-Obey flaggers. They're an extension of the law.

-Never tailgate a vehicle. Allow yourself with plenty of time to react to a road hazard. Reaction time comes with space.

-Check traffic and work zone info before setting out. Try to avoid these areas if possible.

Continue reading "Highland Car Accidents Likely in Highway Work Zones " »