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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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When the economic recession hit, many people found themselves delaying filing for an Indiana divorce solely because of the cost.Even in cases where no major issues are contested and there are no child custody issues or real estate properties to divvy up, attorneys fees will be somewhere in the neighborhood of $1,200 to $2,000.

As the financial burdens have begun to lift for many folks, the divorce rate is once again on the rise. The answer of exactly how much a divorce is going to cost is a difficult one because every case is going to be different, and many times, fees are based upon the level of services you will require.

But that doesn’t mean that you have to spend a fortune trying to forge a new life.

Still, you should be wary of advertisements that promote a quick and easy filing for just a few hundred bucks. Usually, those are for cases where you and your ex have already hammered out all the details and all you need is for an attorney to give you a signature so you can have it all finalized. Often, divorce cases tend to be more complicated than most people realize at first. Keep in mind that investing those funds in an experienced attorney today can ultimately save you a great deal later on. That includes not only the protection of your future financial health, but also your quality of life as it pertains to the time and resources you have available for your children.

But beyond attorneys, you should anticipate that you’ll need to set aside some cash for the following:

  • Court costs;
  • Fees for early neutral evaluation;
  • Mediation costs;
  • Fees for parenting classes;
  • Costs to refinance;
  • Fees for record deeds.

One advantage that suburban Indiana divorce filers have is that typically, these fees tend to be less than what you will find in larger, metropolitan areas like Indianapolis.

However, there are still things you can do to drive down the costs, if you’re willing to spend some time to plan.

First, one of the biggest costs of a divorce is failing to fully understand the financial aspects and other consequences of a divorce settlement. This is why it is so important to have a good attorney. There are so many things that are wrapped up in these cases, including under-performing investments, hidden taxes and depreciating assets, not to mention language in the child custody agreement that can later come back to bite you. Problems with these kinds of things are what lead people to either head back to court to continue fighting (costing even more money) or going bankrupt simply as a result of the divorce terms. What you will spend upfront for a good attorney pales in comparison.

The old saying “Penny wise and pound foolish” highlights the risks of making legal choices based solely on cost.

Secondly, if there are areas upon which you and your spouse can agree, be amenable to compromise. If you are more willing to bend on some issues, you may have an easier time getting your way on others that may be more important to you – and also help speed up the process and in effect lower your overall costs.

Finally, sign a prenuptial agreement. Of course, it’s probably too late for that now. But if you have yet to marry, it’s one of the best ways to drive down the expense of a divorce.

While Burton A. Padove has more than three decades of experience, he is committed to keeping his services affordable. Call today to obtain more information.
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We’re talking about slips, trips and fall. And we’re here with officials from the National Safety Council (NSC), trying to help you to prevent these kinds of accidents. It’s all a part of a campaign during National Safety Month to help you stay a little bit safer. We’re working to educate and encourage safe behaviors around top causes of preventable injuries and deaths.Our slip and fall lawyers understand that there are simple adjustments that you and your family members can make to help to minimize slip, trip and fall accidents. The truth of the matter is that these accidents are the second-leading cause of unintentional death in homes and communities here in Munster and elsewhere around the country. With the summer season upon us, it’s the perfect time to make some improvements to our home and refresh on our safety skills to prevent these accidents both at work and at home.

Each year, falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (more than 21 percent). Slips and falls account for over 1 million visits, or about 12 percent of total falls.

What’s worse is that close to 2,000 people die in these kinds of accidents each and every year. And it’s out older population that we’ve got to worry about the most here. As a matter of fact, one out of every three elderly individuals (those over the age of 65) are expected to experience a serious slip, trip or fall accident. Half of these incidents will be repeat accidents for these elderly individuals.

The Centers for Disease Control and Prevention (CDC) categorizes falls into two basic types: elevated falls and same-level falls. Same-level falls are more common and therefore cause more injuries to more people, but elevated falls are the most serious and cause more severe injuries to a less number of people.

But there are ways that you can help to reduce these risks:

-Make sure you’re wearing shoes with traction. You don’t want to walk around in slippery shoes. That’s just an accident waiting to happen.

-Slow it down. There’s no need to rush, especially when rushing only increases your risks for an accident.

-Be cautious when getting in and out of your vehicle. When getting in or out of your vehicle in slippery conditions, try to maintain at least three point contact at all times. That is to say that two hands and a foot or two feet and a hand should be in contact with the vehicle or ground at all times (four point contact is even safer).

-Keep walkways clean. Avoid leaving power chords, rugs or any other debris in walkways,

-Make sure that your home is well lit. Brighter lights are going to help you to see these slip and fall risks and dangers and avoid them altogether.

-Use absorbent mats in entrance ways during inclement weather.
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So far this year, there have been at least 8 children who have died from heatstroke after being left in hot vehicles. According to CNN Money, most of these children were infants and toddlers under the age of 2.”We want to reduce the risk of these preventable deaths and help caregivers avoid accidentally harming a child, as well as address some of the misconceptions about the causes of child heatstroke in cars,” said National Highway Traffic Safety Administration’s (NHTSA) David Strickland.

Our Highland accident attorneys understand that these kinds of accidents can happen to anyone — even the most loving and conscientious parents. We also understand that we’re seeing temperatures in the 80s during this time of year, which serves up some serious risks. Consider this a reminder to be alert and aware when exiting your vehicle to help ensure that one of these incidents doesn’t happen to you.

Within these eight fatalities recorded around the nation for 2013, seven of them happened in the month of May, which is usually when we see a spike in these numbers.

“It has everything to do with our brains letting us down at the worst possible moment,” said Janette Fennell with KidsAndCars.org.

Since 1998, there have been more than 565 children killed after being left in a vehicle in the U.S. On average, about 38 children are killed in these kinds of accidents each and every year. The risks for these incidents typically start to rise in May, which then we see an average of about four fatalities a month.

More than half of heatstroke deaths occurred when a distracted caregiver forgot a quiet child was in the vehicle.

But there are things that you can do to help to prevent these kinds of accidents:

-Make sure you check your entire vehicle before getting out and locking it up. Set something in the front seat, like a teddy bear or a picture, to help to remind you to do this.

-Consider keeping something important, like a purse or a wallet, in the backseat. This is going to help to force you to go into the back seat before leaving your vehicle.

-Teach your children that cars are not play areas. Never allow a child to play near a vehicle unattended.

-Talk with friends, family members, babysitters and other caregivers about these safety tips.

-Never leave your child alone in a vehicle for any amount of time, not matter how short it is. Never leave them in the vehicle even if you’re only “running in for a minute.” The temperature inside the vehicle can reach deadly levels in just 10 minutes.

-If you see a child that is alone in a vehicle, call 9-1-1 immediately. Try to get the child out as quickly as you can. Then undress them and lay them down in a cool area. If you’re outside in the sun, find some shade, but if at all possible, move him into a cool room.
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In a state that fails to sanction or recognize homosexual marriages, child custody cases can prove an uphill battle.The case of one Muncie mother, chronicled recently in USA Today, was no different.

In the end, though, she was successful, and our Hammond child custody lawyers want you to be confident that such outcomes are attainable – assuming you have a good attorney and you’re dedicated to putting up a fight.

The subject of the southern Indiana case is author Angela Eden, who recently penned the book, “If You Were Me: The Memoir of a Mother Torn Between What’s Right and What’s Easy.” The book takes the reader through the author’s history, which, like so many others, involves a long period spent burying the secrets of her sexuality and remaining in the closet, door firmly closed. She married a man and had children.

But in the end, her sexuality was something she ultimately couldn’t deny. She filed for divorce. Subsequently, she met, fell in love and moved in with a woman.

Her ex-husband then sought to modify custody orders by suing for sole custody of the children, demanding that they be removed immediately from her home on the basis that she was a lesbian. The husband argued that the living arrangement was harmful for the two children because they weren’t married. Of course, under Indiana law, they could not marry, and even if they did so in another state, Indiana courts wouldn’t recognize the union.

Even her lawyer doubted whether she would be successful in getting custody. His best advise, he said, was to ask her partner to move out of their home.

The primary issue in the case was not whether she was a fit mother, but focused instead on her sexuality. Her own sister testified against her, telling her in open court that she would burn in hell for her sins.

It wasn’t until a case worker completed a months-long, neutral home study that Eden’s case got a break. The case worker highlighted all of the attributes that made her a good mother, and then underscored the fact that homosexuality shouldn’t be a factor in child custody cases. She underlined that last part.

It was on this basis that the judge awarded her custody.

Of course, it’s not a decision that everyone agrees with. But it’s in the favor of homosexual couples that societal perceptions are shifting rapidly. A recent article in the Washington Post detailed how gay parenting has normalized the idea of gay marriage, particularly among younger generations.

Of course, courts aren’t always on the cutting edge of societal norms, which is why homosexual parents will continue to require a strong advocate in these custody cases.

Encouragingly, Indiana has been more progressive than others, at least historically. The Indiana Court of Appeals ruled way back in 1981 that homosexuality alone is not cause to find a parent unfit. Thirteen years later, that same court rejected restrictions proposed on the activities of a lesbian mother and her partner. And then in 2002, the same court overturned a measure that would have prohibited unrelated, same-sex individuals from staying overnight in the custodial parent’s home.

These cases set a strong precedent.
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