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With all of the anti-drunk driving campaigns, residents and visitors may be more likely to be involved in a pedestrian accident blamed on alcohol. While drunk driving campaigns are great in preventing drunk driving accidents, they only increase the risk of drunk walking accidents.According to Associated Press, there were more than 1,500 pedestrians who were legally drunk and the time of their fatal accident in 2011. This means that close to 40 percent of all of the pedestrians killed in 2011 were legally intoxicated. This is a new epidemic and we’re seeing an alarming increase in the risks. It’s a particularly important message as college classes resume.

Our Highland accident lawyers understand that there were nearly 100 pedestrians killed in the state of Indiana in 2011. These accidents accounted for close to 10 percent of all the traffic fatalities recorded during the year. The National Highway Traffic Safety Administration (NHTSA) is making prevention a priority. The agency recently announced a new set of tools to help communities fight to problem, allocated roughly $2 million in pedestrian safety grants and launched a new one-stop shop website with resources for community leaders as well as safety tips for residents.

“We all have a reason to support pedestrian safety, and now, everyone has new tools to help make a difference,” said U.S. Transportation Secretary Anthony Foxx.

The problem here is that alcohol can negatively affect a pedestrian’ judgment too, just as it would a driver’s. It can lead them to make poor decisions while traveling, like trying to beat a vehicle heading down the road, crossing against a traffic light or even crossing in the wrong place. Any one of these wrong decisions (among a multitude of other wrong decisions) can land you in the hospital or leave you for dead.

On average, a pedestrian was killed every two hours and injured every eight minutes in traffic accidents in the United States last year.

But it’s not just the pedestrians that have officials worried. They’re also seeing an increase in the number of intoxicated bicyclists who are injured or killed.

While you may think that walking home after a night of drinking is your safest bet, you might want to think again. Consider getting a cab or calling a friend or family member to come get you. Whatever you do, you want to stay away from moving traffic. It’s a move that could save your life.

Thanks to the AAA DUI Justice Link, that connection can be made. On this site, officials with the NHTSA created a listing of sober/safe ride programs across the country. Save a number in your phone, and you’re sure to have a save and sober ride home every time.
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As destination weddings have become all the rage in recent years, it was probably only a matter of time before someone began marketing “destination divorces.”The concept first caught on in the Netherlands, but it wasn’t long before an American reality show was proposed on the concept and now, a company out of Fort Wayne is offering to help couples do just that: Basically, take a long weekend at a resort and get divorced.

The Daily Beast recently ran an article on the phenomenon.

Our Highland divorce attorneys can understand why the concept is so appealing. Having your divorce over in the course of a weekend – while being pampered, no less – sounds great to a lot of people.

Plus, people like the idea of having more control during the litigation process and avoiding an acrimonious lawsuit that will be ultimately decided by a judge.

The Fort Wayne destination divorce service, meanwhile, offers you a weekend with “no lawyers, no judges, no courtrooms, no fear of billable fees.” The website offers three straight days of mediation, where amenities such as golfing, massages or pool time is available whenever time is needed to “settle down and come back to the table with a clear head.”

That sounds great, right?

Sure, until you realize that the outcome puts you at a disadvantage for being able to move on with the next chapter of your life. Not having an attorney to help guide you through the separation and divorce process, be your advocate and look out for your interests might leave you in a very bad position financially.

Plus, some people might be able to purge all of the pent up emotions from years of a toxic marriage during the course of an afternoon swim or round of golf. But that wouldn’t be most people. Your lawyer is the person you pay to have a clear head throughout the proceedings because you expect it will be an emotionally-charged event.

Additionally, there is really no way, especially if you have young children or if you were married a long time, that you can legitimately iron out all the legal concerns the two of you have over the course of three days. Chances are, you spent more time than that planning your wedding.

The end may have come sooner than you would have liked (or not soon enough, depending on your situation). Regardless, you have to view your divorce planning as preparation for the rest of your life. That means you probably have more to consider than who gets the car and who’s keeping the dog. There are tax considerations. There are retirement plans to divvy up. There could be issues of child custody or child support. There may be joint debts or assets that have to be carefully considered and divided.

The only cases for which we might be able to see a destination divorce working would be those in which the parties were married a very short time, had little or no shared assets or debts and had zero issues of conflict to work out. Even then, we would still suggest that an experienced family law attorney at least conduct a cursory review of your case to ensure that nothing is being overlooked.
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We’re currently in the middle of the most dangerous time for teenagers to be behind the wheel. According to USA TODAY, the most dangerous months for our newly-licensed drivers are from June through November. August is the most dangerous month of all, holding 4 of the deadliest days for our young motorists.In the month of August, the 1st, 2nd, 14th and 29th are the most dangerous, all of them seeing more than 14 teenage fatalities in the last few years.

Our Highland car accident attorneys understand that there are many factors that put our newly-licensed drivers at risk for fatal traffic collisions. Two of the most common that we see are driving under the influence and distracted driving. While those are the factors that get the most attention, we’re forgetting about one big one — speeding!

Did you know that speed was a factor in roughly a third of all fatal teen car accidents in 2011? And that’s a number that has been on the rise since 2000.

According to a recent study from the Governors Highway Safety Administration (GHSA), there were close to 20,000 speed-related accidents in the U.S. among teen drivers from 2000 to 2011.

Still, car accidents continue to be the number one cause of death for teens not only in Florida, but elsewhere throughout the nation.

According to Susan Ferguson, a highway consultant who authored the report, if we’re going to make progress is helping our teens to driver safer, then we’re going to have to put more emphasis on speed limits.

Believe it or not, but about half of all fatal accidents that involve a 16-year-old driver with three of more passengers in the vehicle is speed-related.

And the worst offenders are our younger males. They’re more likely than any other driver to speed out there.

So how can parents and guardians help? Encouraging teens to develop the right attitudes today can lead to a lifetime of safety. Involved, informed parents have long been considered the most influential factor in promoting safe teen driving.

-Sit down and talk with your child about the importance of following all road laws and regulations.

-Make sure you’re providing your child with plenty of supervised driving time. By keeping an eye on their developing habits, you can help to steer them into the right direction and a lifetime of safe navigation.

-Consider creating a parent-teen driving contract. Lay out all of the driving rules you deem necessary and make sure the consequences for breaking these rules are included.

-Remind your young drivers to keep their eyes on the road. No distraction is worth losing a life.

-Keep communicating your expectations for their driving. Keeping the idea fresh in their mind will help them to perform better behind the wheel.
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Calling the practice “repugnant and contrary to public policy,” the Indiana Supreme Court has ruled that for parents to negotiate lesser parenting time with their children as a means of reducing child support obligations is not legal.As such, our Hammond child custody lawyers understand that the court has instructed family law attorneys to refuse to be a part of such discussions and further to advise clients that engaging in such talks is “unacceptable.”

The court further ruled in this case, Perkinson v. Perkinson that the trial court had abused its discretion by prohibiting the father from exercising any parenting time with his child and further providing no means whatsoever by which he could earn parenting time.

This kind of strong language is rare for the state’s highest court, which handed down a unanimous 5-0 decision in the case. The ruling stems from a 2006 divorce case in which the father was required to give up all parenting time with his child in exchange for the mother assuming sole financial responsibility for the child.

While the initial divorce dissolution agreement was something to which the father had consented, he later attempted to change the arrangement and get time with his child. However, per the terms of the agreement, he was repeatedly denied by the county court.

The Supreme Court ruled that the issues of parenting time and child support are to be decided separately. One should not rely on the other. Rare are the cases, the court said, where the best interest of the child will involve eliminating the parenting time of either parent.

In reaching its conclusion, the court cited the U.S. Supreme Court case of Troxel v. Granville, which held that the right of both parents to be involved in the upbringing of their child is historically and fundamentally imperative and should not be infringed upon except in the most extreme circumstances.

In its discussion regarding this tactic of “contracting away” parenting time rights, the court said that one parent would give up his or her right to parent their own child in lieu of not paying child support is “incomprehensible.” In fact, to do so is directly contrary to the state’s public policy of protecting the welfare of children, which assumes that children have the right to, at the very least, be financially supported by both parents. The court can’t force a parent to spend time with his child, but it can hold him accountable to pay for the child’s needs. For the custodial parent to contract away those financial benefits is a violation of that parent’s fiduciary duty to the child.

Further, the court found that obligating the father to pay an arrearage if he later sought to spend time with his child only serves to discourage development of the parent-child bond. That’s why the two issues have to remain separate, a point well-established in the 2000 Farmer v. Farmer case.

The only case in which parenting time should be restricted, the court ruled, is when failure to do so would endanger the child’s physical health or emotional development.
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According to JConline, two truck drivers were killed around 7:30 a.m. in a three-semi crash along I-65 between the Indiana 25 and Indiana 43 exits. Two of the semis were stopped on the side of the road, with their triangles out, and we’re hit by a passing semi who failed to see them and so didn’t allow them enough safety space.But that’s not all with the accidents for that week. According to KYPost, another accident happen with the same scenario. A tractor-trailer was broken down on the side of the road when it was rear-ended by another passing semi. This accident forced officials to shut down part of the interstate along a stretch of eastbound Interstate 275 near Lawrenceburg.

Our Indiana truck accident attorneys understand that these large, commercial vehicles don’t operate like the passenger vehicles. Because of their size, weight and power, accidents involving these trucks oftentimes turn deadly. As a matter of fact, the National Highway Traffic Safety Administration (NHTSA) reports that there were close to 4,000 people killed in trucking accidents across the U.S. in 2011. In addition to these fatalities, there were 100,000 people injured. Fatalities in accidents involving these trucks in 2011 actually increased 2 percent year over year. During that same year, Indianan saw close to 150 tractor-trailers involved in fatal accidents.

But whose fault is it?

Nearly 20 percent of all large-truck drivers involved in fatal crashes in 2011 had at least one prior speeding conviction, compared to 18 percent of passenger car drivers involved in fatal crashes.

So how can you help to avoid one of these accidents?

– Avoid cutting off large trucks. They take a lot longer to stop than our passenger vehicles do. You don’t want to get caught in front of one.

-Always wear a seat belt. This is your best defense against injury or death in the event of an accident.

-Stay out of a trucker’s blind spots. These are the areas around the truck that the driver cannot see. A good rule of thumb is to remember that if you can’t see a truck driver, then they cannot see you.

-Pay attention to the road and the traffic around you. When you are driving, please focus only on the road. If you need to attend to another matter while driving, safely pull over in a parking lot or rest stop.

-Keep a safety cushion around trucks. Try to leave a 10-car length gap when in front of a truck and 20-25 car lengths when behind a truck.

-Remember that trucks make wide turns. Because of their large size, remember that a truck making a right turn may first swing left to clear the corner. Conversely, a truck making a left turn may first swing right to clear vehicles and other objects on its left side. Expect this and be prepared!
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A truck that was heading southbound on Indiana 1 reportedly didn’t stop at railroad tracks and wound up getting slammed into by a westbound train. One person died in this accident. According to Wayne County Sheriff Jeff Cappa, the man who died was the 92-year-old truck driver. Accident reports indicate that the man drove right through the crossing gate (which was down at the time) before hitting the train.According to the Indy Star, the victim was pronounced dead at the scene. Following the accident, emergency crews and railroad workers had to close the roadway in both directions.

Our Highland car accident lawyers understand that railroad tracks can be a dangerous place, and many of us overlook the dangers associated with these areas. According to Operation Lifesaver, there were close to 2,000 collisions at railroad crossings in the U.S. in 2012. In these accidents, there were more than 270 people killed and close to 950 injured.

According to a report issued by the Department of Transportation’s Inspector General, 94 percent of all grade crossing accidents are caused by risky driver behavior. Still, more than a dozen states are under federal mandate to improve crossing safety and many railroad crossings lack proper warning equipment. In other cases, the equipment may be in disrepair. These cases should always be carefully reviewed by an experienced injury attorney.

Did you know that it takes a train more than a mile to brake and come to a complete stop? Even it hits something.

There are more than 210,005 railroad crossings in the United States — and that equates to some serious danger — especially when 129,644 intersect with public roads. It’s no wonder why every 90 minutes there is a train collision or derailment.

Railroad Crossing Accident Statistics:

-Close to 65 percent happen during the daylight hours.

-About a quarter of accidents happen when a vehicle slams into a train.

-Most of the accidents happen while a train is traveling less than 30 miles per hour.

-Most accidents happen within 25 miles of the driver’s home.

-A typical locomotive pulling 100 railcars can weigh roughly 6,000 tons, making the weight ratio of a train to an automobile proportional to that of an automobile and a soda can.

-Dying is about 40 times more likely when involved in an accident with a train in comparison to an accident with another vehicle.

-Track defects contributed to more than 34 percent of accidents.

Officials with the Indiana Department of Transportation are here with some railroad crossing safety tips to keep you safe out there:

Remember that trains don’t run on schedules and be unpredictable. When you do encounter one, you want to yield to it — not expect it to yield to you. When you’re at a crossing and see warnings signals, don’t ignore them — ever. Lastly, remember that these trains travel a lot faster than you think. One in four crashes occurring at highway-rail crossings takes place when drivers run into the side of the train. Often, it’s because the driver is going too fast for conditions, such as darkness, rainy weather or fog.
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The battle for marriage equality in Indiana has been re-ignited, following the U.S. Supreme Court ruling that struck down the federal Defense of Marriage Act forbidding married, same-sex couples from partaking in many of the same legal benefits as opposite-sex married couples.Our Highland family law attorneys know that while homosexual marriage is neither permissible or legally recognized in Indiana, per a previous ban in the form of HJR6 (which limits the definition of marriage in the state to one man and one woman), conservative lawmakers are preparing to introduce legislation that would write the ban into the state’s constitution. In layman’s terms, voter approval of a state constitutional ban would make same sex marriages in Indiana “extra-illegal.” Essentially, the measure would be tougher to repeal if voters or lawmakers ever so chose.

In the U.S. v. Windsor decision, the question was whether the Defense of Marriage Act, also frequently referred to as DOMA, which had defined marriage for all purposes under federal law as one man and one woman, was unlawful due to deprivation of equal protection for same-sex couples who were legally married in their state. The court ruled ultimately that, yes, DOMA violated the Fifth Amendment rights of these individuals.

However, that ruling didn’t mean that gay marriage automatically became legal in all 50 states. What it meant was that couples who are legally married can’t be denied federal benefits.

Where it becomes slightly more complicated in states like Indiana is when homosexual couples are legally married in other states and then move to Indiana. They may now be able to collect federal benefits, but the state still will not recognize their union.

The same is true with regard to family issues. As of right now, because the unions of same-sex couples aren’t recognized by the state, neither will the state grant divorce proceedings between these pairs.

There are some states that bar same-sex marriage recognition – except for the limited purposes of ending the union, although as of today, Indiana isn’t one of those states. As such, many divorcing homosexual couples have been forced to move back to the state where they married (or another that recognizes their union) in order to obtain the residency requirements necessary to obtain a legal divorce. It’s unclear whether they will need to continue to do this in light of the DOMA ruling.

It’s worth noting that child adoption by a single person who is LGBT is allowable in the state and joint gay adoption isn’t expressly prohibited. In some areas, we have seen that second-parent adoption has been allowed.

When issues of contention arise in these arenas, they may still be fought in state court.

National public opinion on the issue has shifted dramatically, even in the last decade, with 58 percent of the country now in favor of legalizing same-sex marriage. In December, a poll conducted in Indiana by the Bowen Center for Public Affairs found that while the majority of voters did not want the state’s same-sex marriage ban written into the state constitution, they were about evenly split on the issue of whether gay marriage should be legal in the state.

Marriage equality advocates have vowed a vigorous fight against having the current law engraved into the state constitution, and have further promised ongoing efforts to have the current law struck down.
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Your safest bet for your Fourth of July’s firework celebrations is to grab your friends and your family members and head to a professional public display. There’s a lot less risk of you getting injured and the show will probably be quite a bit more entertaining.If you do decide to set of some fireworks at your home, you’re urged to do so with extreme caution. In the state of Indiana, fireworks can be purchased only by someone who is 18 or older. Once you have them, they can only be used on the user’s property or the property of someone who says it’s okay.

Our Highland personal injury lawyers understand that state law only allows fireworks to be used between 9:00 a.m. and midnight on the Fourth of July. The curfew for fireworks is 11:00 p.m. on all other nights. To get more specific, it’s a good idea to check with local officials to see when you can light off fireworks, as local ordinances may further restrict usage.

Now that you’ve got those rules covered, it’s time to talk about the risks. In 2011, there were close to 10,000 people who ended up in an emergency room because of a firework-related accident. Many of these injuries were burns. More than a quarter of them were to children who were under the age of 15. It’s now more important than ever that we focus on firework safety. So listen up.

Friends and family members are urged to read, review and share the following safety tips to help ensure that everyone enjoys a safe Fourth of July:

-Parents and caretakers should always closely supervise teens and young children if they are using fireworks.

-Remember that sparklers can heat up to close to 2,000 degrees. Keep a close eye on children while in use.

-Make sure that all fireworks are soaked in a bucket of water or under a hose after they’ve been used. They can remain quite hot even after use.

-Steer clear of others — fireworks have been known to backfire or shoot off in the wrong direction. Never throw or point fireworks at someone, even in jest.

-Always have a designated shooter. Remember that alcohol and fireworks don’t mix.

-Make sure the person lighting fireworks always wears eye protection.

-Always remain standing while using sparklers.

-Never relight a firework that didn’t work properly (or is a “dud”) simple discharge this item in or under water.

-Leave the lighting of professional-grade fireworks to trained pyrotechnicians.

-Never throw or point a firework toward people, animals, vehicles, structures or flammable materials.

-Remember to call your local 911 for emergencies.

-Always remember that fireworks have “fallout”- bits of cardboard and clay, so account for that when selecting a location that may be susceptible to winds.

-Do not wear loose clothing while using fireworks.
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You might want to be a little safer out there behind the wheel as we’ve got news that traffic accident fatalities are on the rise.

According to the National Highway Traffic Safety Administration’s (NHTSA) Early Estimate of Motor Vehicle Traffic Fatalities in 2012, there were close to 35,000 people killed in traffic accidents across the nation last year. That’s up close to 5.5 percent from the previous year.Our Highland car accident lawyers understand that this is a number that’s up after years of declines. If these early estimates are correct, then 2012 will be first year with a year-to-year increase in fatalities since 2005. The number of these kinds of fatalities has been on a steady decline over the last six years. From 2005, the number of traffic accident fatalities dropped by more than 26 percent through 2011.

As our economy continues to cover, drivers are spending more time behind the wheel. With a stronger economy, drivers are feeling a little better spending at the pump and taking those vacations they put off in recent years. Preliminary data reported by the Federal Highway Administration (FHWA) shows that vehicle miles traveled (VMT) in 2012 increased by about 9.1 billion miles, or about a 0.3-percent increase. On a quarterly basis, the 2012 VMT increased by 1.4 percent and by 0.8 percent in the first and second quarter, respectively, and decreased by 0.2 percent and by 0.7 percent in the third and fourth quarters, respectively. The fatality rate, per 100 million VMT, for 2012 is projected to increase to 1.16 fatalities per 100 million VMT, up from 1.10 fatalities per 100 million VMT in 2011. This rate surpasses the rate of 1.15 last reported in 2009.

Believe it or not, Indiana was in one of the two regions that saw a decrease in the number of traffic accidents fatalities throughout the year. Indiana was a part of Region 10, which also includes Washington, Oregon, and Montana, Our Region saw only a 1 percent decrease during this time, which is nothing to brag about.

In 2012, there were close to 350 traffic accident fatalities in Indiana, according to the Indiana Criminal Justice Institute. More than 215 of these occurred in our state’s rural areas, while only about 110 occurred in urban areas.

We need to be on our best behavior behind the wheel — at all times. In 2011, dangerous-driving actions were a contributing factor in more than 10 percent of all traffic collisions and close to 25 percent of fatal collisions in our state. Nationally, speeding is a factor in roughly a third of all fatal accidents, while drivers not obeying traffic signals are a factor in close to 10 percent.
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According to a new study from the FocusDriven and National Coalition for Safer Roads has found that more than 10 percent of red-light violations are the result of distracted driving.According to Auto Blog, the study looked at close to 120 intersections in about 20 communities during a three-month period and paid particular attention to those who ran red lights. The results of this study helped to prove that U.S. drivers are spending far too much time on smartphones and they’re increasing their risks for an accident because of it. Researchers even took it a step further and estimated that distracted driving was the cause of close to 7.5 million red light infractions each and every year.

Our Highland car accident lawyers understand that red-light running is one of the top causes for auto collisions in urban areas. When you factor in that cell-phone use alone is a factor in more than 20 percent of all accidents, it’s easy to see why we’re concerned.

According to the Insurance Institute for Highway Safety (IIHS), only drivers under the age of 18 are prohibited from using a cell phone behind the wheel. On the other hand, all drivers are banned from text messaging at the wheel. With most drivers allowed to talk on the phone behind the wheel, it’s no secret as to why distracted driving problems are a focus here in the state of Indiana.

Still don’t think it’s a serious problem? Consider this: NBC News reports that close to 60 percent of American adults are now using a smart phone. That’s up from about 35 percent just two years ago.

What’s even worse is that 9 out of 10 Americans have a cell phone of some kind. And that means that 9 out of 10 drivers have them, meaning there are more out there to be used behind the wheel. In just 2011, there was more than 15 percent of Americans who didn’t even have a cell phone. Now, only about 10 percent don’t have one.

And that’s probably why there are thousands killed in these kinds of accidents every year. Drivers just aren’t understanding the risks associated with distracted driving.

According to Distraction.gov, there were more than 3,330 people killed in distracted driving car accidents in the U.S. in 2011. That’s a number that continues to grow. And in addition to those fatalities, there were another 400,000 people injured in these same kinds of accidents.

In the month of June 2011, more than 196 billion text messages were sent or received in the US, up nearly 50% from June 2009.

It’s really quite simple to understand — if you take your eyes and your attention off of the roadways, you’re going to increase your risks for an accident.
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Highland, IN 46322
Phone: 219-836-2200
Fax: 219-836-9388

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