by

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.
Continue reading

by

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.
Continue reading

by

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.
Continue reading

by

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.
Continue reading

by

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.
Continue reading

by

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.
Continue reading

by

A number of popular sport utility vehicles performed very poorly on the new, tougher crash tests recently conducted by the Insurance Institute for Highway Safety.Our Calumet City car accident attorneys are concerned what this will mean for those who are involved in crashes, particularly the small overlap frontal crashes that were tested under more stringent guidelines. There is a strong likelihood that drivers and front seat passengers in the vehicles that performed poorly will suffer more severe injuries than those who are in safer vehicles.

Among those models that performed poorly:

  • Hyundai Tucson;
  • Ford Escape;
  • Kia Sportage;
  • Chrysler Group’s Jeep Patriot;
  • General Motors’ Buick Encore.

The two that did well were the Misubishi Outlander Sport and the Subaru Forester.

Vehicles that earned a “marginal” rating in the test were:

  • Nissan Rogue;
  • Mazda CX-5;
  • Honda CR-V;
  • BMW X1;
  • Jeep Wrangler;
  • Volkswagon Tiguan.

In the test, researchers set up a scenario whereby the vehicle hits a barrier traveling 40 miles per hour with just one-quarter of the front bumper, with the impact occurring on the side left, just in front of the driver’s seat. What this does is concentrate the crash force in a small area that is outside the strong crash force safety structures that are routinely built in to most of the newer model vehicles on the road.

It’s an important test because about 25 percent of all serious and fatal frontal crashes are those that occur in this small overlap area, the Institute reported. On the road, the majority of these crashes happen when a vehicle, for whatever reason, leave the road and strikes a utility pole or tree. However, it’s not unheard of for these types of crashes to involve other vehicles as well.

In addition to head injuries, individuals are at risk for major foot and leg injuries in this type of a collision because what usually happens is that the front wheel of the vehicle will end up being pushed all the way back into the passenger compartment.

These crashes are also especially dangerous because in most cases, the vehicle will spin rapidly after impact. The occupant is often thrown sideways – away from portions of the vehicle that are covered by airbag protection. Additionally, the angle of the impact may result in the vehicle being contorted to the point that the airbags aren’t in the right location to protect passengers, even if they are being flung forward.

The small overlap test is one of many that the Institute performs, and the majority of vehicles did quite well in the other types of tests. General Motors and Chrysler have said that when it comes to overall safety, their two models received the “Top Safety Pick” award from the Institute.

Ford said that it will be reviewing the findings of the test to determine whether there are improvements that can be made to the current design of the vehicle.
Continue reading

by

As motorists pack their vehicles and hit the road over this Memorial Day holiday weekend, officials with the Indiana Criminal Justice Institute (ICJI) are reminding everyone to make sure that their seat belts are buckled. It’s all a part of Indiana’s 2013 “Click It or Ticket” enforcement campaign to get more motorists to buckle in. This effort kicks off Friday, May 24, according to The Salem Leader.Our Highland car accident attorneys understand that the “Click It or Ticket” campaign is an effort that’s supported by thousands of law enforcement agencies across the nation. In our state alone, there are close to 350 law enforcement agencies that will be participating in this year’s efforts.

During last year’s enforcement efforts (the 21-day period), officers throughout the state cited more than 18,100 drivers for not wearing a seat belt. During the same times, there were more than 150 traffic accidents and a dozen fatalities involving un-belted motorists in the state. More than 90 of these accidents involved ejections because occupants weren’t buckled in.

During the Memorial Day weekend last year, there were more than 40 accidents and 2 deaths in the state involving motorists who were not wearing seat belts. There were 30 ejections because motorists weren’t buckled. Many of these injuries and fatalities could have been prevented if more motorists had chosen to wear their seat belt.

According to the National Safety Council (NSC), more than 145 people will be saved in car accidents because they wore their seat belt this weekend. Officials believe that more than 100 more could be saved if everyone were to wear their seat belt during this holiday travel period.

The National Highway Traffic Safety Administration (NHTSA) reports that more than 50 percent of the more than 21,250 passenger vehicle occupants who died in 2011 car accidents were not buckled in when the accident happened.

Fatalities among those who aren’t wearing a seat belt at the time of an accident are more common at night than during the day. As a matter of fact, the NHTSA reports that more than 60 percent of the 10,150 people who were killed in 2011 during the evening and early morning hours were not wearing a seat belt.

Unfortunately, these national statistics are alarmingly similar to the ones here in Indiana. In 2012, there were close to 3,500 accidents involving unbuckled motorists. These accidents involved close to 275 deaths. Close to 2,000 victims were ejected from their vehicle because they weren’t wearing a seat belt.

The younger motorists are the ones we’re talking to the most here. As a matter of fact, motorists between the ages of 18 and 34 are more likely to be killed in an accident than any other age group.

If there’s one thing you do this Memorial Day weekend, it should be to wear your seat belt. Whether you’re staying local or heading out of town, a seat belt can save your life!
Continue reading

by

It’s been nearly 10 years since every state in the U.S. agreed to alter the legal definition of drunk from 0.15 percent blood-alcohol content to 0.08 percent blood-alcohol content.

Now, federal officials are urging another reduction, this time down to 0.05 percent BAC.Our Gary DUI injury lawyers are in full support of this proposal, which was made recently by the National Transportation Safety Board as one of 20 recommendations to reduce the death toll on U.S. highways.

Every year, some 10,000 people are killed in drunk driving crashes. That’s about one-third of the total number of people who die on our nation’s roads.

The board indicated that it has tried other measures in recent years to drive down those rates, but with little success. Other efforts have included bolstering law enforcement initiatives and funneling money into public advocacy and awareness campaigns. And yet, the number of DUI deaths has hovered around 10,000 since 1995. In the last 30 years, we’re talking some 440,000 lives lost.

The board predicts that lowering the legal alcohol limit will save somewhere between 500 and 800 lives each year. The reason it isn’t higher is that the majority of drunk driving deaths are caused by individuals who have BACs that are well above 0.08 percent. This has been a point of contention for opponents of the measure. However, what the opposition is failing to consider is that in addition to the number of lives saved – each of which is precious – we will be also significantly reducing the number of injuries. Not everyone involved in a DUI crash dies. Many survive, but they may suffer lifelong, debilitating injuries that require surgeries, intensive treatments, rehabilitation and medication for chronic pain and other disabilities.

Lowering the threshold is also not an obscene intrusion. First of all, 100 other countries in the world have already adopted the 0.05 percent rate, including most of Europe. Secondly, consider that the average, 180-pound male will usually not hit the 0.08 percent limit until he’s had about four drinks in a little over an hour. By contrast, under the new limit, he would only be able to indulge in two or three. So this argument that someone couldn’t have a glass of wine with dinner simply doesn’t hold water.

Research has shown that the majority of drivers are going to experience a decline in both visual and cognitive functions once their BAC tops 0.05 percent.

It’s also an important measure in light of the recent ruling handed down by the U.S. Supreme Court, which ruled against police with regard to warrantless blood draws in DUI cases. In that case, Missouri v. McNeely, the court found that in order to take a blood sample from a suspected drunk driver, an officer would first have to obtain a warrant from a judge. Because alcohol dissipates quickly from a person’s system, every minute may be valuable to the case. If we are going to bolster the protections for drunk drivers, we should also do the same for their victims.

The NTSB’s recommendations, however, won’t automatically become law. It’s an independent agency that is influential on matters of public safety, but it will require the support of Congress and state legislators to actually implement such a measure.
Continue reading

by

A recent report from the Associated Press contends that 1 out of every 20 patients who enter a hospital will pick up an infection they didn’t have before they arrived.The rates are higher for those who undergo surgery or some form of intensive treatment requiring intravenous lines.

Our medical malpractice attorneys know that while some hospitals and hospital staffers place reducing infections high on the priority list, many still aren’t doing enough to prevent hospital-acquired illnesses. We’re not talking a simple cough or cold. We’re talking bloodstream infections or superbug viruses that can lead to serious illness and even death.

Bloodstream infections, introduced primarily through intravenous catheters used to deliver nutrition, fluids or medication, account for about 15 percent of all hospital-acquired infections and account for 30 percent of the approximately 100,000 yearly hospital-related deaths. Even for those who do survive such an infection, recovery usually means weeks or months of intensive treatment and brutal side effects.

For a long time, physicians and hospital administrators considered these type of infections, known as central line infections, to be a simply unavoidable risk for those receiving intensive care treatment. However, there has been research showing that infections rates can be reduced to nearly zero by rigorously following a checklist that involves simple sanitary procedures. The proof of this is in the 13 percent of reporting hospitals in the country that have zero central line infection rates. (This is only 138 of 1,068 hospitals that report their infection rates to state authorities; Indiana has no hospitals on that list.)

But this isn’t the only problem. Bacterial and viral “suberbugs” have been gaining intense coverage as of late, for the fact that hospitals are having a difficult time purging their facilities of hard-to-fight germs.

Many hospitals have turned to state-of-the-art approaches to help fight these type of infections, including robots that emit hydrogen peroxide vapors or ultraviolet light. They’re also purchasing antimicrobial linens, wall paint and curtains and providing call buttons, IV polls and bed rails that are made from germ-resistant copper.

The benefits of all of this are debatable, though those making the effort are to be commended. However, all of this may be in no small part due to the fact that insurance companies and in some cases even Medicare are declining to pay bills for treatment of hospital-acquired infections. That doesn’t mean patients won’t be treated, but it means the hospital becomes responsible for those bills. So suddenly, instead of financially benefiting when patients are forced to stay in treatment longer than intended, hospitals will be losing money. That gives them a real incentive to fight back aggressively.

The Centers for Disease Control and Prevention estimate that hospital-acquired infections result in an additional $30 billion each year in U.S. medical costs.

In addition to central line infections, another bug that is receiving a lot of attention recently is C-diff. This diarrhea-causing infection has been linked to some 14,000 deaths each year, according to the Association for Professionals in Infection Control and Epidemiology. While this is easier to treat than some other types of hospital infections, like MRSA, it’s tough to clean away on hospital surfaces. Those facilities that aren’t meeting the minimal standards for sanitation have seen a major spike in C-diff cases.
Continue reading

Contact Information
8320 Kennedy Ave
Highland, IN 46322
Phone: 219-836-2200
Fax: 219-836-9388

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2015 – 2025, Padove Law
JUSTIA Law Firm Blog Design