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October 5th is International Walk to School Day. This week, various schools across the state will be participating in and coordinating a number of events to help reduce the risks of pedestrian accidents in Indiana.

Back in 2005, legislation was passed to provide funding to individuals states to help create pedestrian-friendly roadways. Politicians around the county understand the importance of safe routes to school for our school-aged pedestrians. Unfortunately, less than 2 percent of road spending is done with pedestrian safety in mind. Events like this help to shine light on these issues and to attract government attention. More importantly, they help remind parents of the risks.Our Lansing pedestrian accident attorneys understand the need for safe routes to school for our children. According to the National Highway Traffic Safety Administration, there were more than 1,300 young pedestrians aged 14-years-old and younger who were killed because of traffic-related accidents in the U. S. in 2009. There were another 179,000 young pedestrians injured in these types of accidents during the same year.

Indianapolis schools participating in the festivities:

–Crestview Elementary: This school is coordinating a Walk to School with the Principal Event. This area has no continuous crosswalks or sidewalks. School officials are hoping to shine light on the need for crosswalks, trails and sidewalks in the area to help keep students who walk to school safe on our dangerous roadways.

–Center for Inquiry, IPS School 84: This school participates in a number of walk-related activities throughout the year. It’s expecting a 60 percent participation rate this year.

–St. Thomas Aquinas: This is the third year of participation for this school. Parents, partners and volunteers all join together to help raise awareness during this time.

The International Walk to School Day started back in 1997. By 2002, there were approximately 3 million walkers across the globe who participated in the event. The organization pushes the event every year to help create healthier habits in children, to improve our roadways and to campaign for cleaner air.

Indiana Safe Routes to School Program is a year-long program that works the same initiatives as International Walk to School Day, according to the Indiana Department of Transportation (INDOT).

INDOT claims responsibility for looking over the Safe Routes to School Program. The DOT works with the program using federal funds to create safe-pedestrian initiatives.

According to the program, if the same number of kids who walked to school today was the same as the number of kids who walked to school in 1969, our country could cut more than 3 billion vehicles miles traveled every year. We would also be able to cut nearly 2 million tons of CO2 and nearly 90,000 tons of other pollutants from our air.

These eliminations would be just like taking 250,000 vehicles off of our roadways for one year. Aside from the benefits that our planet would experience from more walking, residents will benefit as well. Walking promotes a healthier lifestyle. With more pedestrians, there would be fewer vehicles and less traffic-related pedestrian accidents. Until that time comes, we all need to work together to stay safe on our roadways.
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U.S. Census Data collected in 2010 shows large increases in the number of single fathers as head of U.S. households.

Fathers Rights are an issue of great importance. As a veteran child custody attorney in Highland, Burton Padove understands how important it is for a father not to be pushed to the weekends when parents divorce.Over the past decade, there has been a real shift toward a presumption that both parents should share parenting duties and custody, to the greatest extent possible. That fathers should remain a dynamic presence in a child’s life — not relegated to very other weekend visitation. Or summers and holidays.

The 2010 Census shows the number of men heading households shot up by more than 27 percent in the last decade.

Single dads now account for 8 percent of all U.S. households — up from 6.3 percent in 2000 and little more than 1 percent in 1950.

In 1973, Indiana became the first state to pass a law declaring no parent should be favored for child custody based on gender. Since then, most states have followed suit in ending any presumption that child custody should be awarded to the mother. Oregon has gone so far as to pass a law that presumes joint custody will be awarded. Alabama recently began debating similar legislation.

“It’s time for us to stop assuming that single parents are always women,” said Andrew Cherlin, a professor of sociology and public policy at Johns Hopkins University in Baltimore. “There is a visible presence now of single men caring for their kids. We didn’t see that a few decades ago.”

Indiana’s parenting time guidelines presume it’s in a child’s best interest to have frequent, meaningful and continuing contact with each parent. A child custody agreement will set out which parent or parents can make substantial decisions on behalf of a child, including those involving education or health care.

Other factors the court may consider in determining the “best interests” of a child include:

-A child’s preference, depending on age.

-A parents health, habits and lifestyle.

-Abuse or neglect risks.

-Parents ability to provide for the daily needs of a child.

-Continuity of child’s life, including schooling and community and social activities.

Move away custody issues is another area of family law in Indiana that has attorneys fighting on behalf of the rights of a noncustodial parent. A parent desiring to move away must provide a Notice to Move and a proposed parenting plan.

The other parent has the right to object, in which case a hearing will be set to establish what is in the “best interests” of a child. The non-custodial parent may also obtain a restraining order, which legally prevents the move until such a hearing can be held.
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From 2000 to 2009, there were nearly 1,000 fatalities resulting from traffic-related pedestrian accidents in Indiana, according to Transportation for America. These accidents cost the state nearly $3 billion. Our state ranks 25th out of the 50 states for pedestrian danger. We surely aren’t the worst, but we surely aren’t the best.According to a recent study that was conducted by the AAA Foundation for Traffic Safety the relationship between a pedestrian’s risk of death and the speed of the vehicle upon impact is directly correlated. This topic has been studied extensively, but had not been revisited in recent years. Older studies lack relevancy when compared to today’s cars, technological advancements and modern street designs.

Our Highland pedestrian accident attorneys understand that bicycle and pedestrian accidents commonly result in serious or fatal injuries. Before concluding the study, AAA comprised a list of recommendations that local, state and federal transportation officials should consider to help make our roadways safer for pedestrians and all other travelers.

“It’s time for a healthy reminder that Indiana’s sidewalk and trail network is also expanding to serve a demand for non-motorized modes of transportation and recreation,” said Indiana Department of Transportation (INDOT) Commissioner Michael B. Cline.

The AAA Foundation reports that there were about 4,000 pedestrians who were fatally injured on U.S. roadways because of motor-vehicle-related accidents in 2009. Another 59,000 were injured in these types of incidents. Through the study of pedestrian accident data, the Foundation has determined that the speed of the involved vehicle was a top contributor in these accidents. Faster accidents more often resulted in serious or fatal injuries to accident victims.

According to the study, a pedestrian faces a 10 percent risk of injury when hit by a vehicle that is traveling just 16 mph. Pedestrians face a 25 percent risk at 23 mph, a 50 percent risk at 31 mph, a 75 percent at 39 mph and a 90 percent risk at 46 mph.

The risks increase just the same when calculating the risk of death. A pedestrian faces a 10 percent risk of death when hit by a vehicle that is traveling at just 23 mph, a 25 percent risk at a speed of 32 mph, a 50 percent risk of death at 42 mph, a 75 percent risk at 50 mph and a 90 percent risk when a vehicle strikes at 58 mph.

Indiana transportation officials continue to move forward with new plans for a Bicycle and Pedestrian Program that is aimed at increasing the safety of our pedestrians and cyclists.

Bicycle and pedestrian plans have recently been approved for the following communities:

-Fort Wayne
-Northwestern Indiana
-The South Bend-Elkhart area
-Muncie
-Indianapolis/Marion County
-Hamilton County, Bloomington
-Lafayette
-Anderson
-Goshen
-The urban portions of Clark and Floyd Counties
-Terre Haute,

-Madison
-Zionsville
-Kokomo
The AAA Foundation summed up its report with a number of safety measures that federal, state and local governments can look at to help reduce the risks of pedestrian accidents.

One of the first recommendations included reducing speed limits. Speed limits should be reduced in areas where a large pedestrian population tends to travel. In areas where fast-traveling traffic is a necessity, officials are encouraged to create a physical separation to keep pedestrians and motor-vehicle traffic separated from one another. The study also reaches out to car manufacturers, urging them to find ways to create smarter in-car technology that has the capability of detecting pedestrians who may be dangerously close to the vehicle and either alerting the driver or automatically rerouting the car itself.
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Massachusetts has signed into law a sweeping overhaul and limits on alimony payments, The New York Times reports.

In Indiana, assisting a client in alimony and child support matters is one of the primary responsibilities of a Highland divorce attorney. The two are not interchangeable and have different tax implications. A judge may award support based on the length of the marriage, the earnings power of one or both spouses, parental responsibilities or any number of other factors.Child support and alimony laws in Indiana is complex. And an alimony award may influence a property distribution. In cases in which spouses cannot agree on alimony, the court will decide the issue based on a number of factors.

-Physical or mental disabilities that may preclude one spouse from working.

-Whether the spouse lacks sufficient property to provide for his or her needs.

-A spouse is the custodian of a child whose needs require the custodian to forgo employment.

-Education level of each spouse.

-Whether the interruption of a spouse’s education occurred because of duties at home, including child care.

-Earnings capacity of each spouse. As well as training, skills and employability.

-Time required to acquire such skills or education.

In Massachusetts, the previous system permitted lifelong alimony payments after both short and long-term marriages. Most states limit alimony in short-term situations. Massachusetts law often required payments to continue long after a spouse retired or the receiving spouse moved in with a new partner. The new law permits most payments to stop upon retirement and sets limits based on length of marriage.

Under the new law, a marriage of five years or less may require alimony payments for half the length of the marriage. Long-term marriages of 15 or 20 years could require payments for up to 80 percent of the length of the marriage. Indiana spousal support laws permits a judge to award alimony temporarily or on a short-term or long-term basis.

The Wall Street Journal reports the law still permits judge’s to order indefinite alimony for long-term marriages. It also permits “reimbursement alimony” in cases where, for example, one spouse put another spouse through school.

Earlier this month, the Tennessee Supreme Court ruled lifetime alimony is inappropriate provided a woman is in reasonable health, has a decent job and was fairly treated during the division of marital assets.

Alimony has become a hot-button topic, particularly during the economic downturn. Studies suggest men have been harder hit than woman by unemployment and stiff alimony payments can quickly lead to financial ruin. Fighting for fair alimony is best done from the start of a case. Hiring an experienced Indiana family law attorney, and fighting for fair payments from the start, is much easier than attempting to have alimony payments reduced once an award has been granted.
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After yet another fatal trucking accident, the National Transportation Safety Board (NTSB) has decided to make another recommendation for commercial truck drivers to be banned from using a cell phone or any hands-free device while driving. The most recent accident took the lives of 11 people and destroyed some shops off Interstate 65 in Kentucky. The driver’s phone records reveal that he was making phone calls and sending text messages just seconds before the fatal accident, according to Reuters.In 2009, there were more than 100 large trucks involved in fatal trucking accidents in Indiana. Many of these accidents could have been prevented if there were more restrictive laws regulating driver distractions. These types of accidents are in fact preventable.

Our Highland trucking accident attorneys understand that mixing a distracted driver and a 40-ton commercial vehicle is a recipe for disaster. Often, these types of accidents turn deadly and cause serious property damage. With current laws and enforcement efforts, too many drivers are continuing to drive while engaging in a number of distractions on our roadways. Until more comprehensive regulations are enacted, motorists will unfortunately continue to suffer in these accidents.

“Distracted driving is becoming increasingly prevalent, exacerbating the danger we encounter daily on our roadways,” said Deborah Hersman, chairman of the NTSB, according to Reuters.

According to the phone records of the commercial trucker who was heading down the Kentucky interstate, he made four calls within the minute before the accident. He also made nearly 70 phone calls and text messages within the 24 hours leading up to the accident.

The new recommendation from the NTSB supplements a proposal from federal officials. There have been previous suggestions of a complete ban on the use of all hand-held phones by commercial trucks and drivers of buses.

“This is the most comprehensive recommendation we’ve made,” said Hersman.

The NTSB doesn’t have the authority to make a proposal a law. The Board does have high expectations though. The recommendation has been sent over to the Federal Motor Carrier Safety Administration. Previous recommendations have been transformed into laws in the past. The NTSB is using this platform as a catalyst.

Support for this type of ban is universal but authorities are having a hard time figuring out who’s best to enforce it. If the proposal takes effect, lawmakers in every state would have to take action to help hold up its end of the bargain, according to FOX News.

“It’s going to be pretty difficult politically to get that kind of law through a state,” said spokesman for the Governors Highway Safety Association, Jonathan Adkins, according to FOX News.

As of now, there are more than 30 states that prohibit commercial truck drivers from texting behind the wheel. That means that the 2.8 million commercial truck drivers who were recorded in the U.S. in 2008 must pull over and park before sending a text. Unfortunately, that’s not always the case and that’s how people get killed.
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Students in Vigo County are mourning the death of a classmate who recently died from injuries sustained in an Indiana teen car accident. The collision happened when the vehicle of the teen driver and her two passengers drifted into the path of another vehicle while traveling along State Highway 246. The two passengers remain in the hospital.

“She was a great art student she was really creative. I will always remember her smile and enthusiasm. It was her goal to get it done, she was going to graduate,” said Christy Eileen, an art teacher at McLean High School, according to a WTHI Channel 10 report. The students and the faculty made posters and crafts to display at the student’s funeral, the report stated.Our Indianapolis car accident attorneys understand the risks that young drivers face on our roadways. Newly-licensed drivers possess much less driving experience than older drivers and are usually unable to properly judge the hazards and dangers on our roadways. According to the Insurance Institute for Highway Safety, young drivers in our state are required to complete two stages of restricted driving, or a Graduated Drivers Licensing (GDL) program, before receiving an unrestricted license once they’ve reached the age of 18. Unfortunately, recent studies illustrate that these GDL programs aren’t as effective as one thought. Studies conclude that drivers who have completed the program are at more of a risk for an accident once they receive a full license than they faced in the program. Parents and guardians need to understand that our job doesn’t stop once they’ve received an unrestricted license. Education and reminders need to continue long after our young drivers are out of school.

GDL programs first started in 1996 and according to a recent study that was printed in the Journal of the American Medical Association, 16-year-old drivers witnessed a 26 percent decrease in the rate of fatal accidents from 1986 to 2007. But, during this same time period, 18-year-old drivers experienced an increase of more than 10 percent in the number of fatal accidents. This increase in the older teen drivers completely wiped out any progress in the death rate for all teen drivers, according to CNN Health.

The GDL program in Indiana started back in July 2009. Through this program, 16- and 17-year-old drivers are under probationary restrictions until they reach the age of 18. These stages in the program are meant to expose young drivers to potential hazards gradually instead of overwhelming them with everything at once. Once they’ve mastered a level of driving, they’re permitted to move on to the next stage.

“Right now, we’re not getting the net effect across all teens that we’re hoping for,” says Scott V. Masten, Ph.D., author of the recent study cited in the JAMA article.

Experts believe that 18-year-old drivers are experiencing more fatal traffic accidents because youngsters are choosing to opt out of the restricted driving privileges and are avoiding driving until they’re 18. Others believe that younger drivers are at more of a risk after completing the program because they’re forced to miss out on valuable experience, meaning they’ve been coddled throughout the learning process.

The study reveals that no one is guaranteed to avoid a car accident, regardless of education. Parents are urged to continue to remind their young drivers about the responsibility and dangers of driving. No one is ever too old or too smart for a better driving education.
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A recent Northwest Indiana motorcycle accident took the life of a 29-year-old rider in Lake County and left a passenger seriously injured, according to the Indiana State Police. The fatal accident happened in the westbound lanes of Interstate 90 at the 15.6 mile marker.

The motorcyclist reportedly died at the scene of the accident as a result of blunt force trauma. The 34-year-old female passenger was taken to North Lake Methodist Hospital in Gary and was listed in critical condition.Our Crown Point personal injury lawyers urge you to keep an eye out for motorcycle riders during the final weeks of the riding season. Motorcyclists are more vulnerable to injury and death in the event of an accident than the occupants of a car. Riders are oftentimes overlooked on our roadways, and while they hit the road in full force over the next couple weeks we all need to be extra cautious to help avoid potentially serious or fatal accidents.

According to the National Highway Traffic Safety Administration, there were more than 690 traffic accident fatalities in the state of Indiana in 2009. More than 110 of these fatalities were suffered by motorcyclists. Drivers ages 40 to 49 were most likely to be killed in an accident. The 30- to 39-year-old age group followed at a close second. Both groups accounted for more than 60 motorcycle deaths. In 2009, the death rare for motorcyclists was more than 54 fatalities per 100,000 motorcycle registrations.

Now that we know just how often these motorists are the victims of fatal accidents, it’s time to focus the attention on ourselves, passenger-car drivers, to help make the roads safer and to reduce their risks for these accidents.

Motorists are urged to follow these safety tips, especially when traveling near Indiana’s popular motorcycle roads:

-Always be aware of your surroundings. Keeping an eye on traffic flow will also help you to keep an eye out for motorcycles.

-Always physically check your blind spots before making a lane change or before making a turn.

-Always predict that a motorcycle is closer than it appears. The small size of a motorcycle can make you believe that it is farther from your vehicle than it actually is.

-Don’t share lanes with motorcycles. They’re entitled to their own lane as they are required to follow the same road rules as you.

-Don’t follow too closely. Motorcyclists sometimes slow their vehicle by downshifting instead of hitting the brake. This does not activate the brake light, which can increase their risks of being rear ended if you’re following too closely.

-Make sure their turn signal is for real. Turn signals on motorcycles aren’t self-canceling like the ones on our cars.

With greater driver awareness, we can all do our part to help reduce the risks of fatal motorcycle accidents. These riders only have a short while to enjoy the open road. Let’s help them enjoy it safely.
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A recent teen car accident in Veedersburg killed two Fountain Central High School students. Three teens were involved in the single-car accident that happened on the Kingman Road, according to Commercial-News.

Two of the teens were airlifted to local hospital. One was transported by ambulance.

The Fountain County Sheriff’s Department reports that two of the teen motorists died shortly after arriving at the hospital. The third was last listed in stable condition at Methodist Hospital in Indianapolis. Local sheriff deputies are investigating the accident.Our Northwest Indiana car accident attorneys understand that car accidents are the number of cause of death for teens in the United States. As the new school year begins, we encourage all parents to discuss the importance of safe driving habits with their teen drivers. Many of these fatal accidents can be prevented with proper driver education and practice.

According to the Centers for Disease Control and Prevention, motor-vehicle accidents account for most accidental teen deaths. About eight teens ages 16-19-years-old died because of traffic accidents each day in 2009. If calculated per mile driven, young drivers of this age group are approximately four times more likely to be involved in a car accident than drivers in older age groups.

The CDC reports that there were approximately 3,000 teens killed in car accidents in the United States in 2009. Another 350,000 teens were injured in traffic accidents throughout the year.

Although these young drivers, ages 15- to 24-years-old, account for 15 percent of the entire U.S. population, they make up approximately 30 percent of the costs resulting from motor-vehicle injuries — or about $26 billion a year.

Here are some safe teen driving tips for parents to discuss with their young drivers:

-Set a good example. Make sure that you practice all of your own advice and safe driving habits when you’re driving with your teen in the vehicle.

-Allow your child to have plenty of supervised driving time. Practice helps them to be more prepared for the hazards they’re going to face on our roadways.

-Make sure you ride with them during various driving conditions. Ride with them during early morning hours, during the evening, in the rain and through the snow. All of this practice will help prepare them for unavoidable conditions.

-Don’t allow them to drive with any passengers for the first six months after receiving their license. Passengers can be some of the most influential distractions and contribute to the risks of a fatal car accident.

-Require that your child call or text you when they arrive and when they leave their destination.

-Give them a curfew. Accident risks increase during evening hours.

-Create a parent-teen driving contract between you and your teen to help lay down ground rules that everyone can agree on. Make sure you lay out the consequences of breaking one of these rules too!

Teen drivers are more likely to underestimate dangerous driving situations or not be able to recognize hazardous driving situations. This ability comes along with experience, so get out there and practice with your young driver.
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As we recently reported on our Indiana Injury And Family Lawyer Blog, students across the state are heading back to school this month and motorists need to be cautious these young ones on our roadways. A great number of children walk and bike to school, or use these forms of transportation. Motorists are asked to be extremely cautious on our roadways to avoid an accident that results in child injury in Indiana.

“The most precious thing we have as parents is our children. We want to make sure that when our children go to school…they arrive at school safely,” said Sgt. Steve Whitaker with Indiana State Police.Our Highland personal injury lawyers understand the dangers that pedestrians face on our roadways. These risks are greatly increased when the pedestrian is a young child. Young children don’t fully understand the workings, patterns and dangers of passing traffic. We ask that all motorists be extreme cautious during the school year to help keep our young ones safe.

Here are some safety tips, from the National Safety Council, for your child that is walking to school this school year:

-Remind you child to always use a sidewalk if one is available.

-If there is no sidewalk for your child to walk on, make sure that they know to always walk facing traffic.

-Remind them that they should always cross the street at an intersection or at a street corner.

-Always accompany children that are 10-years-old or younger on their walk to school.

-Make sure that your child knows to look both ways for oncoming cars before stepping into the road to cross the street.

-Make sure that they continue to look left and right as they’re crossing the road.

-Require that your child walks across the road. Never allow them to run. Running makes them more likely to trip and fall in the path of traffic.

Students that ride a bike to school need to be cautious as well. Parents are urged to talk to their young students about the following bicycle safety tips:

-Make sure your child always wears a helmet.

-Check to see if their helmet fits correctly. You should only be able to fit the width of two fingers between their eyebrows and their helmet.

-Make sure that your child is familiar with the bicycle laws in your area.

-Require that they always bike on the right side of road. Multiple bikers should always ride together in a single file-line traveling in the same direction as traffic.

-Bike riders should come to a complete stop before crossing the road.

-Bicyclists should not cross the street until they’ve received an okay from stopped motorists.

-Make sure your child is wearing brightly colored clothing so motorists are more likely to see them.

-Ride with your child if they’ll be traveling before the sun rises or after it sets.

-Make sure your child’s bike has lights and reflectors.

-Practice bike riding with your child so they’re more experienced and knowledgeable when they hit the road alone.

According to the National Highway Traffic Safety Administration, traffic accidents are the number one cause of death for children between the ages of 3 and 16. This cause of death accounts for approximately 20 percent of fatalities of young ones ages 5- to 9-years-old. Your child is most likely to be involved in an accident with a motor vehicle mid-block and within residential neighborhoods. Talk with your child and make sure they understand the importance of safe travel habits. Again, we wish everyone a safe and happy school year!
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Two recent articles that have hit the Internet look at the best time and the best way to get a divorce.

Seeking a divorce and a fresh start is often preferable to living in an unhappy marriage — regardless of the timing. It’s the job of an experienced Highland Divorce Lawyer, to shepherd a client through the process.

A Lake County Divorce doesn’t have to be an awful experience. Some are tough to handle, but if couples are interested in amicably splitting and are dedicated to avoiding contentious litigation, the process can be less painful and can allow for each side to move on.The first article deals with the timing of a divorce. There are some events that can drastically alter how a divorce in Indiana plays out.

Unstable real estate market: In a hot real estate market, a house can be a major asset that brings in a lot of money for the spouse who gets it. If selling the house in a soft market is necessary, however, it can become a liability.

A shaky economy: With credit tight and spouses having to buy cars or rent houses after a divorce, careful planning is necessary. And if people are suffering through a job loss, the situation can be all the more difficult.

Bad credit: If one spouse has bad credit, it may be in their best interests to negotiate keeping the car or staying in the house to avoid having to try to qualify for a loan to buy a car or rent an apartment, both of which require a credit report. If the split is amicable, taking six months to build the credit score may be worthwhile.

Minor children: With less combined income after a divorce (you’re both paying for rent or a mortgage now), the children can lose out. Most parents put less toward college after divorce, yet they may benefit from being able to more easily be able to qualify for student loans.

Receiving an inheritance: Most states don’t look forward, meaning an inheritance or something that is earned after the divorce is final is not on the table for splitting.

While those are all tips about the timing of a divorce, here are some ways to go through a good divorce:

  • Have you tried counseling?
  • Can you treat your ex with respect?
  • Will you put the kids’ best interests ahead of yours?
  • Can you communicate well?
  • Work to avoid the courthouse.
  • Find a problem-solving attorney.
  • Work on being mature or get therapy.
  • Can you be selfless?
  • Set goals and have a game plan.
  • Be honest and don’t play games.

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