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Today is an unofficial U.S. holiday – Super Bowl Sunday. Across the country, hosts are cooking up pots of spicy chili, marinating those burgers and brats for grilling – and making last-minute beer runs.Our Highland personal injury attorneys know that Super Bowl Sunday is a notoriously dangerous day to be on the road. According to Mothers Against Drunk Driving, alcohol was a factor in 43 percent of all fatal crashes on Super Bowl in 2011. On most other days, alcohol is a factor in about 30 percent of all fatal crashes.

Some research has indicated that historically, the statistics have been worse – especially if your team loses.

Scientists at the University of Toronto recently looked at crash data on Super Bowl game days dating back 27 years – and found significant increases. Published in the New England Journal of Medicine, the data showed that while there was actually a 10 percent drop in DUI crashes during the game, the hour immediately after the game was deadly – with a 70 percent increase in accidents overall. Throughout the evening of Superbowl Sunday, the average accident rate rose by 40 percent compared to an average Sunday evening.

Whereas the average number of people who died in traffic accidents on a typical Sunday was 17, the researchers found it rose to 24 lives lost on Super Bowl Sunday. (Last year, it was even higher, with 27 people killed in alcohol-related traffic crashes on Super Bowl Sunday, according to the National Highway Traffic Safety Association.) And those injured in traffic crashes increased from 1,300 on an average Sunday to 1,900 on Super Bowl Sunday. The number of overall crashes went from 3,000 to almost 4,000.

Of course, that’s nationwide. We can’t speak to the specific statistics in Indiana, but we do know law enforcement officials here are taking it seriously, promising to be out in full force conducting saturation patrols to nab suspected drunk drivers.

According to Bankrate.com, the average DUI arrest – after fines, court costs, attorneys’ fees, traffic school, probation and higher insurance rates – is going to run you about $10,000, maybe more.

Still, it doesn’t appear fans intend to refrain from imbibing. NBC News reports that the amount of money spent on beer in the two weeks surrounding last year’s Super Bowl was more than $1 billion.

Studies have indicated that in addition to alcohol, driver inattention is a big factor in crashes following the game, with fans replaying the highlights (and lamenting the bad plays) in their minds – consuming the attention they should be giving to the road ahead.

In Indiana, hosts, too, may be held liable if one of their guests to whom they served alcohol gets into a serious wreck – especially if that driver is underage. So if you are hosting a party tonight, make sure the following is part of your checklist:

  • Make sure all guests have a designated driver.
  • Make sure to offer plenty of non-alcoholic drinks and food.
  • Cut off alcohol consumption at the end of the third quarter, just like the stadiums do it. Give your guests a chance to sober up, and offer coffee and desert.
  • Have the phone numbers of local taxi companies on hand.
  • Take the keys away from anyone who seems to drunk to drive.

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New Years is a time when many begin to reevaluate their lives and think about where they are going in the future. For some, this brings up questions about whether they want to stay in their marriage or whether they want to explore the possibility of divorce.If you are thinking about potentially putting an end to your marriage, it is important to get some basic information about what the divorce process entails. To help you get started on making an informed choice, our Highland divorce attorneys have answers to some of the key questions. These New Years divorce FAQs can give you a good starting point in deciding whether divorce is right for you.

How Do I Get Divorced?
You can get divorced in Indiana if you or your spouse is a resident and have lived in the state for at least three months prior to the divorce. To start the process, you or your spouse will need to file a Petition for Dissolution. After no less than 60 days, the court will enter a decree of divorce. Your divorce settlement should also be entered at the time of your divorce decree.

Does there have to be a reason for the divorce?
Indiana does not require that someone be at fault for the divorce, but there must be grounds for the divorce. Grounds for divorce can include an irretrievable breakdown of the marriage. In some cases, however, someone is responsible or does something to prompt the divorce. In these instances, grounds can be included.

Do we have to go to court?
You do not have to go to court in every divorce. If you agree on a provisional order, if you and your spouse both complete divorce education and if you can come to an out-of-court settlement agreement that resolves all of your issues, then you can get a waiver to avoid appearing in court.

How do Indiana courts divide property?
Indiana divides property equitably or fairly. It does not matter whose name the property is when Indiana courts decide how to divide property. Courts will look at the contributions that each party made to the marriage, as well as the party’s income, where the property came from (whether it was inherited, etc) and the party’s behavior with regards to marital funds when deciding how property is divided.

Who will get custody of the kids?
It is always best if you and your spouse can answer this question on your own and come to an agreement outside of court. You can even get help from a mediator to come to a solution. Resolving the custody dispute on your own is best so you can decide what works for your family. If you cannot resolve the custody agreement on your own, then the courts will decide the issue for you by considering what is in the best interests of the child.

Should I have a lawyer?
You should always have a lawyer when going through an Indiana divorce and your spouse should have a separate attorney. Your respective attorneys will negotiate a settlement, advise you of your rights, help protect your rights and argue for you in a litigated divorce should it become necessary to ask a court to decide issues of property or support.
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When it comes to nationwide roadway safety, Indiana did not fare as well as we would have hoped, according to a recently-released annual report highlighting legislative deficiencies.Our Highland personal injury attorneys aren’t surprised by the findings, though we hope it serves as an eye-opener and a starting point for lawmakers to advocate for change.

The “2013 Roadmap of State Highway Safety Laws,” conducted by Advocates for Highway and Auto Safety, reveals that 750 of the more than 8,300 traffic fatalities occurring in the last decade happened in 2011. These crashes have an annual economic impact of $4.35 billion to the state of Indiana, including costs of property damage, injury, hospitalization, lost work, law enforcement and emergency resources and disability. (Nationwide, that figure was $300 billion in 2011 – up from $230 billion in 2000.)

While we may never be successful in the complete eradication of inexperienced and irresponsible drivers, there is certainly more we could do. The state has been given an overall “yellow light” rating – a mid-range rank falling between optimal traffic safety measures (green) and abysmal (red).

Specifically, the report outlines the following areas where Indiana can improve:

  • Enact an all-rider motorcycle helmet law;
  • Enact graduated driver’s license programs that require drivers to be at least 16 years-old for a learner’s permit and strengthen nighttime driving restrictions for those drivers;
  • Enact a law requiring ignition interlock devices for everyone convicted of DUI – not just repeat offenders;
  • Enact a law that additionally penalizes impaired drivers who have minors in the vehicle with a charge of child endangerment.

There really is no excuse not to move on these actions, particularly considering that Congress passed a multi-billion dollar transportation initiative offering states monetary incentives to do so.

With regard to motorcycle helmet laws, only 19 states and the District of Columbia have them. Indiana is one of those lacking. The study indicates that the lives of nearly 40 motorcycle riders could have been saved last year if we had implemented an all-rider helmet law.

Indiana did earn a “green light” rating for its passage of optimal child booster seat laws, which is important given that traffic crashes are the No. 1 cause of death for children over the age of 5. Booster seats are believed to reduce the injury risk for kids aged 4 through 7 by about 60 percent.

We were also given a “green light” rating for our GDL laws, but it’s noted that we only have five of the recommended seven GDL laws in place. Between 2006 and 2011, some 900 people were killed in crashes involving drivers who were between the ages of 15 and 20. Passage of enhanced GDL laws, which allow novice drivers to gain experience gradually and safely, could serve to reduce that number even more.

For example, states with nighttime driving restrictions for under-18 drivers report teen fatality reductions as high as 60 percent during those hours.

With regard to impaired driving, Indiana gets only a “yellow light” rating. Of the 1,140 children under age 14 killed in traffic accidents in 2011, more than 15 percent were alcohol-related crashes. The National Highway Traffic Safety Administration estimates that somewhere between 50 million and 100 million drunk driving trips are made each year with children under the age of 15 in the vehicle – illustrating why the implementation of a child endangerment law to enhance criminal penalties for such violations is so critical.

Of course, we have laws to protect our children from abuse, neglect or negligence. And while driving drunk with a child in the car is clearly negligence, it’s not clearly stated as such under state law. Indiana is behind the curve on this, as one of only eight states lacking such a law.
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With only a small swath of northern Indiana bordering Lake Michigan, it’s natural that flooding isn’t as great of a concern here as in low-lying areas of states bordering the Gulf of Mexico.But our Munster injury lawyers know it’s unwise to ignore the potential risks, particularly when we see a combination of widespread rainfall, melting snow and saturated soil – all of which contributes to flooding, particularly in lowland regions of the state.

In fact, the Indiana Department of Transportation recently issued a warning urging motorists who encounter a flooded roadway to immediately turn around. It’s not worth the risk of vehicle damage, injury and even death that can occur when drivers try to take a chance in high water.

IDOT is taking the risk so seriously that it has launched a public awareness campaign titled, “Turn Around, Don’t Drown.”

While state traffic crews have been working around the clock to barricade highways that have seen flooding and remove excess debris from drainage sites, the fact is, flood waters can rise quickly and with little warning.

Sport utility vehicle drivers in particular may be at risk because drivers may have a false sense of security upon encountering flooding. Unless your vehicle doubles as a boat, be warned that six inches of standing water is sufficient to cause passenger cars to stall out. A foot of water is enough to cause you to float away.

The National Weather Service reports that the vast majority of flash flooding deaths occur when people encounter the flood waters in motor vehicles. It’s especially risky when the water is moving rapidly.

Bear in mind that if there are barriers blocking the roadway with warning signs of flooding, you would be taking an enormous risk with your life and those of your passengers by driving around them.

Note too that if you choose to travel flooded roadways and get stranded, emergency crews may not risk their own lives to save you. It’s possible you may not even be able to call for help, particularly if flooding results in downed communication lines. And even if help is on the way, it may take much longer than it normally would, due to the impeding water.

And if you get stuck and think you can simply wade through, consider that exposure to standing flood water has been documented by the Centers for Disease Control to be associated with a high risk of infectious diseases, chemical hazards and injuries.

You should also be cautious of roadways in the immediate wake of a flood. The fact is, flooding can cause damage to both roads and bridges. And just because the damage isn’t visible doesn’t necessarily mean it’s safe to proceed.
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When it comes to divorce filings, January is king.In fact, the first Monday after the children return to school from the winter break is actually when we see more divorce filings than any other day of the year.

Our Lake County divorce lawyers know there is no one-size-fits-all explanation. As with any other matter of the heart, it often comes down to a complex set of factors all converging at once.

But that doesn’t mean you should fail to be strategic. Our divorce lawyers know that proper planning is key to ensuring you start the new year – and the first part of the rest of your life – off on solid ground.

One reason January may see so many filings is that unfortunately, the holidays tend to bring out some of the worst in people. Or at the very least, it can be a time of intense stress, and it can cause tensions from other, long-festering disagreements to bubble to the surface. Plus, couples with children really try to their best to hold it all together during the holidays, even when there are serious underlying issues. They either do their best to really give it their all one last time, or they commit to giving the kids one last holiday season of togetherness.

After the first of the year, people find they can no longer take it, or they have already made up their minds to act. It becomes a personal deadline: If it’s still not working by New Year’s, I’m done.

The founder of DivorcedWomenOnline.com says they see the most page views the day after Christmas. People begin looking for information before the new year even starts, but they often wait until the attorneys are back in the office. They may even give themselves a few days or weeks to mull it over before finally deciding to pull the trigger.

Then you consider that the whole sentiment that a new year brings: Fresh start, clean slate, new beginnings. It pushes people to really assess what they want in life, whether they’re truly happy or whether it’s simply not working.

But one reason we may end up seeing a larger-than-normal number of January filings is that we as a country experienced a slight economic uptick in the last several months. It’s well-documented that economic downturns actually cause people to stay in unhappy marriages for longer. Divorces, even when they are good for everyone involved in the long run, do cost money. It’s not just about filing fees and lawyer costs. You have to consider the cost of essentially halving your monthly income and/or doubling your monthly expenses. But truthfully, divorce shouldn’t be a luxury. If you aren’t happy or if you have been seriously wronged or especially if you are in an abusive relationship, getting out now will find you better off down the road.

And all of this is going to be true whether you file in January or June or September. No matter what month you file, you are going to have to make the same considerations.

What we absolutely would not advise is to rush a divorce filing without first consulting with an experienced divorce lawyer. It’s often better to wait and file in March with all your ducks in a row than to hurry and file in January without being organized. Still, every situation is different. Call us today to see what is truly the best course of action for your situation.
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The dangers of drowsy driving have become a major topic of conversation in recent years as it has become increasingly clear that fatigued driving presents many of the same risks as driving drunk (impaired reflexes, inability to slow or swerve to avoid a crash, etc.).

Our Hammond injury attorneys encourage you to take the risks seriously, and get medical help for sleep disorders or persistent problems pertaining to sleep.

The New York Times indicated that a CDC study had found drowsy driving to be widespread. One piece of good news, on the other hand, was a study on Money News indicating that more people than ever before aregetting treatment for sleep disorders.New Drowsy Driving Data Shows That Many are Taking Risks
The bad news is that, according to the New York Times, a study conducted by the CDC has revealed that millions are driving even though they are way too tired to actually be safe behind the wheel.

The CDC study involved the collection of data from 19 different states throughout the U.S. as well as from the District of Columbia (D.C.). Researchers asked a total of 147,000 individuals to answer detailed questions on their sleeping patterns, on their driving and on their work.

According to the study:

  • Younger drivers ages 18-44 were most likely to drive drowsy. Over 5 percent of survey respondents in this age group reported falling asleep or nodding off while driving at least once in the prior month.
  • Older drivers were least likely to drive drowsy. Among the 65+ group of survey respondents, only 1.7 percent said they had fallen asleep as they were driving.
  • When taking the average of all drivers, 4.2 percent said that in the month before they were surveyed, they’d fallen asleep while driving. This goes beyond just feeling a little tired- they actually fell asleep.

These numbers may seem surprising, since it is hard to believe that so many people actually fall asleep even for a few seconds behind the wheel. Still, they are reflected in the statistics on drowsy driving deaths. In 2009 alone, 730 people lost their lives in fatal car wrecks as a result of a distracted driver.

The Good News: More Are Getting Help
While hundreds of deaths per year and millions driving drowsy are certainly clear and unequivocal indicators that something has to be done about drowsy driving, the good news is that many people are taking matters into their own hands.

Those who snore or who are sleep deprived are more likely to drive drowsy, the CDC study says, and many of these people are getting help at sleep centers nationwide.

In fact, so many people are seeking assistance with their sleep problems that Money News reports the American Academy of Sleep Medicine has now accredited its 2,500th sleep center. There are now more sleep centers accredited than at any time since the Academy began the accreditation process in 1977 and there are double the number of centers from just a single decade ago.

More sleep centers accommodate more people getting treatment and hopefully those who solve their sleep issues will drop out of the ranks of drowsy drivers and make the roads safer for all.
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This New Years, you could make the same old resolutions you always do: to be nicer to your family, to lose weight, to go to the gym, arrive on time, to stop procrastinating… all of these are top resolutions that many people make and then forget about a few weeks into January. You also have another option though. You could make a very important resolution and one that could potentially save your life or the lives of others.You could resolve to become a better, safer and more cautious driver in 2013. This is a resolution that our personal injury attorneys urge every driver to make.

Why Resolve to Become a Safer Driver?
There are hundreds of reasons why every single driver in Indiana should resolve to do better in 2013. In fact, to be exact, there are 674 reasons why Indiana drivers should resolve to make safer driving decisions. Because there were 674 fatal accidents in Indiana in 2011 according to the 2012 Indiana Traffic Safety Facts.

These 674 fatal Indiana accidents caused 749 deaths in the state. There were also 188,132 traffic accidents in 2011 that caused either injury or property damage. A good portion of these crashes did not have to happen, but they did because people made bad driving choices.

How Can You Become a Safer Driver in 2013?
Resolving to become a safer driver isn’t just an abstract or vague resolution. There are some very specific driving behaviors that you can resolve to put an end to, and some very specific things that you can resolve to do during the New Year. For example, you should resolve:

  • Never to speed under any circumstances. 19.4 percent of fatal accidents (131 total) were related to speeding and 9.3 percent of all crashes in the state were attributed to drivers going too fast.
  • To always drive sober, every time. In 2011, 133 fatal accidents and 140 deaths in Indiana were attributed to drunk drivers. This means that intoxicated drivers were involved in 20 percent of the fatal accidents in the state.
  • To wear your seat belt for every trip, even short trips. Only 48 percent of those who were killed in auto accidents were known to be wearing their seat belt at the time of the crash.
  • To talk to your teenager about safe driving if you are a parent. Drivers ages 16-17 had the highest rate of crash involvement.

Yielding at intersections, refraining from tailgating, watching out for bicycle riders and pedestrians, and showing appropriate respect to other drivers on the road are also some things that you can do in 2013 in order to keep your safe driving resolution.

As you resolve to become a better driver in 2013, you should also encourage everyone you know to make the same promise. All drivers have a responsibility to be reasonably careful on the road. Someone else’s failure to follow the driving rules or to exercise the appropriate care could still result in a crash no matter how careful you are behind the wheel. In that case, speaking to an experienced personal injury or wrongful death law firm can help ensure your rights are protected.
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If you are trapped in an unhappy marriage, then the New Year may mark a time when you begin to consider your options and to think about what you want to do with the rest of your life. If divorce is on your agenda for 2013, then you should also start thinking practically about how you are going to get ready to dissolve your marriage.Our Hammond divorce lawyers urge you to start your preparation now if you are considering divorce. By getting your finances and personal situation in order and by starting the planning process for ending your marriage early, you can help to facilitate a fair and expedient divorce that results in a reasonable settlement for you and that doesn’t drag on for months of expensive and emotionally draining battles.

Steps to Take To Get Ready for Your 2013 Divorce
Here are a few key steps that you should take if you are considering getting divorced this year:

  • Make copies of all relevant financial paperwork and documents. In the early months of 2013, tax information will be sent out by employers, investment accounts, loan accounts and other businesses and entities you have a financial relationship with. Be sure to make copies of ALL financial forms and documents that come your way so that you’ll be prepared when it comes time to negotiate a financial settlement.
  • Start saving up some cash. When you are separated from your spouse, you’ll have to support two households instead of one. You need to have some money set aside so you can be prepared. You’ll also need some cash to pay for legal fees and divorce costs.
  • Apply for credit in your own name if you don’t have any credit already. You will need to have a credit history if you want to rent an apartment, get a car loan or get a credit card of your own.
  • Take an inventory of personal and marital property and write down the assets and debts that you have accumulated. This will help you to see where you stand financially and it will also give you a good jumping off point when you start the negotiation process during your divorce.
  • Stop posting personal details on your social network or sending emails that you wouldn’t want anyone else to see. When you post things online or send emails, you leave an electronic trail behind that could cause you some serious problems when it comes time to divorce.
  • Evaluate your health insurance situation. If you are on your spouse’s plan, then start to think about what your options will be post divorce. You may have only a limited amount of time to enroll in a plan with your own company during an open enrollment period and you should find out when that is and whether you will be eligible if you suspect you’ll be divorcing and losing coverage.

Finally, the last and most important step to take is to talk to an experienced divorce lawyer. The earlier you speak to an attorney, the more informed you will be about how to prepare for divorce and about what your rights will be during the divorce process.
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New Years is supposed to be a time to celebrate the end of one year and the coming of another. Tragically, for some, the new year will never come because of a fatal drunk driving crash. For others, the new year may begin in a jail cell after a drunk driving arrest.

These concerns about New Years drunk driving are very real, as the dangers significantly increase around the holiday. In fact, according to Drive On, one of every 10 teens responding to a recent survey admitted to driving drunk on New Years Eve. Last December, Auto Guide also published an article indicating that New Years is the worst day for drunk driving, with almost half of the fatal car accidents on New Years involving a drunk driver.Our Munster accident attorneys urge everyone to make the choice to drive sober on this New Years. We also encourage parents to talk to their teenagers and establish rules and guidelines to ensure that they won’t be one of the large percentage of teens driving drunk.

Curbing Drinking and Driving Over New Years
Because New Years is such a dangerous time for drunk driving, the Governors Highway Safety Association (GHSA) has a Drive Sober or Get Pulled Over Campaign that works with the individual states throughout the U.S. to both enforce drunk driving laws and to educate the public.

The Drive Sober or Get Pulled Over website has indicated that Indiana will have increased law enforcement on the streets over the New Years holiday in order to try to identify and stop drunk drivers. Further, while Indiana ended their statewide Safe Family Travel enforcement blitz on December 2, the Criminal Justice Institute’s Traffic Safety Division is continuing their public service campaign by using sporting events and other media efforts to educate the public on drunk driving dangers.

With MADD reporting a total of 207 drunk driving deaths in Indiana throughout 2011, the hope is that the increased New Years enforcement efforts and the increased driver education will help prevent any deaths during the New Years holiday.

Stay Safe and Sober
Staying safe and sober on New Years is the responsibility of every driver in Indiana, both to comply with drunk driving laws but also to help save lives. Drunk driving is an extremely dangerous practice and if you choose to drive drunk on New Years, you put every driver and pedestrian on the road in danger.

To help ensure that you have a safe holiday:

  • Always have a designated driver (DD).
  • Make sure your DD doesn’t have a drink.
  • Have cab money or a backup plan in case you need help getting home.
  • Keep an eye on friends and remember that friends don’t let friends drive drunk.
  • Find out where your teen is going to be, who he is going to be with and how he is getting home. If your teen is going to a party, talk to the parents and make sure it will be supervised. If necessary, offer to drive your teen yourself so you know he or she won’t get in the car with a drunk driver.

By following these tips, you make yourself, your kids and every other driver on the road a little safer this New Years holiday.
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Many people like to entertain guests over the holiday season, and holiday parties can be great fun for everyone. Unfortunately, things can also go wrong at holiday parties. When guests get hurt or hurt others, tragedy can result and the homeowner or host of the party can be held legally responsible for the consequences.

To keep your guests safe and to protect yourself from legal trouble, our Highland personal injury attorneys have a few tips for you about how to be a responsible party host.Keeping Guests Safe In Your Home
One area where potential legal liability arises is premises liability law. This area of law says that when you invite people over, you have a duty to them. You have the duty to keep them safe from any possible dangers that exist in your home that you either know about or ought to know about. You can do this by correcting the hazard, whenever it is feasible to do so, or by warning your guests that the hazard exists. If you fail to do this and your visitors get hurt, you can be sued. This includes dog bites or other injuries caused by household pets.

As a practical matter, this means when you’re throwing a holiday party, part of being a good host is to repair anything dangerous in your home or to tell your guests about problems. For example, an icy walk should be shoveled so no one slips, and a broken railing either needs to be repaired or pointed out as a possible danger.

Keeping Guests and Others Safe on the Streets
Your responsibility for your guests does not end at your doorstop in Indiana. Indiana has laws commonly known as social host laws. Social host laws are a form of dram shop law; dram shop laws apply to make bar and restaurant owners responsible for serving alcohol to someone who is visibly intoxicated or who is a minor.

Under Indiana’s social host laws, it isn’t just those who sell alcohol who are responsible for the consequences of their choice. People who have parties or provide alcohol to guests, even those over 21 years of age, can become liable to the victim of an accident.

As a homeowner or individual throwing a holiday party, you can become responsible if:

  1. You serve alcohol to someone who is visibly intoxicated or who you should know is intoxicated.
  2. Your decision to serve this alcohol is a direct or proximate cause of injury or death.

This means that if someone is drunk, you give him alcohol and the individual leaves your house and is involved in a drunk driving crash, you could potentially become legally liable for paying damages.

How to Be a Good Host and Avoid Legal Liability
No one wants to be sued because of a holiday party. As such, when you invite guests over this season:

  • Do a basic inspection of your house to make sure there’s nothing dangerous that could cause injury. If you have any obvious hazards, correct them or be sure to warn your guests.
  • Either limit the alcohol that you serve, have guests stay over, or find out at the start of the night who the designated driver is.
  • Supervise any parties thrown by your teenager to make sure there is no alcohol and that no one leaves your house drunk.

By following these tips, hopefully all of your guests will stay safe both at your party and on the way home and you won’t find yourself starting the New Year facing a personal injury or wrongful death lawsuit.
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Phone: 219-836-2200
Fax: 219-836-9388

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