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Officials with the Indiana Department of Transportation and our Highland car accident lawyers want you to be safe out there during this winter season.

As the temperature drops, the risks for car accidents increase. We’re asking you to review the following tips and to keep this is mind — Ice and Snow, Take it Slow! Be ready for the winter:

-Before you get behind the wheel, you should look into the driving conditions. You should check the weather reports along with the traffic reports. When there’s inclement weather, remember to just take is slow and easy. Rushing only puts you at higher risks for an accident.

-Keep it clean. Before leaving your driveway or your parking spot, you should make sure that the windows, the headlights, the brake lights and your turn signals are cleared off. During the winter, you want to make yourself as visible as possible.

-Be sure to check your windshield wiper blades, the fluids under the hood, the belts, the hoses and the lights are all properly working, A breakdown is dangerous on any day, but especially on a day with bad weather.

-Be on time. Make sure you leave for your destination with plenty of time to spare. By allowing yourself with enough time to get to where you need to be, you can avoid rushing. When drivers start rushing is when accidents happen.

Be careful when it’s wet:

-Whether it’s snow or ice, you want to slow it down. Fortunately, driers zip through these conditions with little regards to the risks. When the roadways are slippery, you want to slow it down and travel under the speed limit.

-Allow yourself with more room when following vehicles in slippery conditions. You need all the time and space to stop when conditions are wet.

-Be on the lookout for black ice. You may never even see black ice. Take it slow when coming up to intersections, bridges, off-ramps and even shady areas. All of these are prime spots for black ice.

-When visibility is reduced, your best bet is to slow down. You want to keep your distance from other vehicles and remain aware of your surroundings.

-It’s important to remember that 4-wheel drive isn’t going to save your life in these kinds of conditions. It might help you to get going faster when accelerating, but it’s not going to do much when braking. Be sure you’re just as cautious in a truck or SUV as you are in a passenger vehicle.

Stay safe around snow plows:

-Make sure you give them plenty of room to work. Don’t pass and don’t tailgate.

-Slow it down around these vehicles. They travel well below the speed limit.

-Remember that these operators can’t always see their entire surroundings as these vehicles have a lot of blind spots. Make sure you can see the driver when traveling near a snow plow.
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Non-custodial parents across the U.S. owe more than $100 billion in back child support, according to a report recently released by the federal Office of Child Support Administration.Our Highland child support lawyers understand that some $2.3 billion of that can be traced back to the Hoosier state, with 95 percent of the cases involving dads who aren’t paying.

For those who are owed child support, it’s important to know that hiring an attorney to help with the process can be beneficial for several reasons.

An attorney can file for many of the same actions against a deadbeat parent that government agencies do, including garnishment of wages, requesting license suspensions, filing for property liens and requesting a contempt of court order. However, the difference is that an attorney can help you bypass some of the red tape that is involved when you attempt to navigate the process on your own through the Indiana Department of Child Services and Child Support Bureau.

It’s particularly important in light of a new investigative report by ABC-6 in Indianapolis. Reporter Kara Kenney learned that state and local agencies spent more than $83 million during the most recent fiscal year to enforce and collect child support payments. These are agencies, like the civil divisions of sheriff’s departments, that are already cash-strapped and operating on limited resources.

In a single day when Kenney road along with a sheriff’s department team from Marion County, deputies were grappling with a stack of $263,000 in unpaid child support.

The state has set up a website to help track down the “Most Wanted Child Support Evaders.” Of the 18 listed, the payments range anywhere from $10,000 to $157,000.

One of the problems is actually getting the support order. It’s not a difficult process per se, but the issue is getting both parents there.Typically, all that is required is a paternity test and a brief analysis of the non-custodial parent’s income sources. From there, a formula is applied to determine how much the individual owes per child.

The bigger hurdle is enforcement. ABC-6 reported that the state of Indiana has fallen to 41st in the country in child support enforcement.

Plus, as the Marion County chief deputy prosecutor was quoted as saying, the courts are filled to the brim with cases, so there is a considerable amount of lag time as it relates to the backlog. In just that county, for example, the system handles more than 70,000 cases with about 80 full-time employees. That breaks down to about 875 cases per employee.

Several caseworkers are managing loads of several hundred each.

A number of custodial parents worry about the ability to afford an attorney to help fight their case when they’re fighting to make ends meet. But for many parents, they can’t afford not to. Relying solely on the state could mean you might wait months or years to see progress on your case. We are committed to producing results for you as quickly as possible.
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Farm equipment is widely used throughout Indiana. This equipment often needs to be transported on public roadways where it shares space with cars and trucks.

Highland injury lawyers know that there are many dangers associated with farm equipment on the road. With its large size, slow speeds and long stopping distance, farm equipment can present a major hazard and accidents involving the equipment can be deadly both for motorists in passenger vehicles and for the equipment operator.Understanding the Risk of Slow Moving Farm Machinery
In February of 2009, the Committee on Agricultural Safety and Health Research and Extension published a report on Agricultural Equipment on Public Roads. According to their information:

  • Agricultural vehicles, including slow moving farm equipment, represent .2 percent of the total number of vehicles that are involved in crashes.
  • In 2006, there were 87 fatal crashes involving farm equipment.
  • There is no available information to provide an accurate picture of the injuries, property loss and death associated with car accidents involving agricultural machinery or with horse drawn buggies.
  • Crashes between motor vehicles and farm equipment usually occur in rural areas and typically involve high-speed motor vehicles colliding with slow-moving crashes.
  • When a crash involves a farm vehicle, the occupant of the farm vehicle is killed twice as often as occupants in the other vehicle.

These statistics indicate that there is a real danger associated with crashes involving slow moving farm equipment and other vehicles on the roads. Unfortunately, the Committee’s report also indicated that there is little attention paid to the issue of how to safely move agricultural equipment on public roadways.

The Consequences of Accidents Involving Farm Equipment
As in so many accident and injury cases, statistics don’t always tell the whole story. To get a broader picture of the devastation that can occur as a result of an accident involving farm equipment, consider the recent tragic accident in a rural area of Indiana.

The accident, as reported by the New York Daily News, involved a John Deere crashing into a mini-van and decimating the van, which became caught in the blades. Three of the passengers in the mini van were killed and the other three passengers in the van were hurt badly.

The driver of the farm equipment in this case is accused of causing the accident after running a stop sign. He claims he did not see the mini van approaching. He suffered no injury and, although he was tested for alcohol in his blood stream because Indiana law requires such a test after a fatal crash, the Daily News article indicated that there was no reason to suspect that drugs or alcohol were involved in the crash.
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Black Friday is a day when retailers try to encourage shoppers to engage in a spending and shopping frenzy.

Unfortunately, sometimes shoppers get out of control. In recent years, shoppers have sprayed each other with pepper spray, fired weapons, and even trampled fellow bargain-hunters and store workers. Serious injuries and even deaths have resulted from what is supposed to be a fun holiday event, prompting some cautious shoppers to give up the entire day and turn to Cyber Monday online instead.

Of course, Black Friday is a long-held shopping tradition, a great way to spend time doing something fun with family after the holiday, and a good time to get amazing deals on some of the years best gifts. There’s no reason to give up the Black Friday fun, as long as you practice safe shopping.To help make sure your Black Friday experience is a safe one, our Highland injury lawyers have some Black Friday safe shopping tips.

Staying Safe in the Black Friday Crowd
While aggressive shoppers and big crowds create a dangerous situation, there are a few things you can do to try to make sure you stay safe:

  • Shop with a friend and stay together. You can look out for each other and help each other if one of you trips and falls.
  • Wear comfortable shoes that you can balance and walk in easily.
  • Note what your friends and family are wearing to make it easier to spot each other in a crowd. You should also plan a designated meet-up spot if you get separated, especially since cellular phones don’t always work in stores.
  • Note the exits when you enter into a store and walk away quickly if it seems like there is the potential for things to get out of hand. No deal is worth risking your safety.
  • Get help from store employees and security if you feel unsafe or threatened by a crowd or by an aggressive shopper.

The most important thing is to remember good safety principles and use common sense, avoiding getting caught up in the quest for the deals.

Avoiding Crime on Black Friday
Black Friday safety tips center around both staying safe in a crowd and preventing crime during a day when thieves may come out in droves. These safety tips from the National Crime Prevention Council should help to keep you safe from criminals who want to take advantage of the anonymity provided by Black Friday madness.

  • Never buy more than you can carry. If you plan to buy large items or lots of items, ask for a store employee to help or bring a friend.
  • Don’t take out your credit card or checkbook until you’ve been asked to pay. You may even consider using one-time use or disposable cards for added safety
  • Carry your purse close to you, or better yet, leave it at home and have a wallet on your person.
  • Keep your eyes out when approaching your car and check around the car and in the backseat. If you’re leaving bags in the car, put them in the trunk or out-of-sight.

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During the Thanksgiving weekend, many people travel to visit family members. In fact, according to AAA, an estimated 43.6 million Americans will travel 50 miles or more from home over the Thanksgiving period.

Whether this involves a short trip or long-distance travel from one state to another, the number of holiday travelers means more people on the road. Those celebrating the holiday and the four-day weekend are also likely to go out shopping or partying over the holidays, which also contributes to more drivers on the road.Unfortunately, an increase in traffic means a potential increase in the risk of accidents. Our Highland injury lawyers are concerned about the dangers presented by Thanksgiving holiday travel and urge all drivers to take extra care to be safe during the long weekend.

Risks of Accidents During Thanksgiving Holiday Travel
The National Safety Counsel (NSC) has released a comprehensive report called Thanksgiving Holiday Period Traffic Fatality Estimate, 2012. This report considered the increased risk of accidents from 6:00 PM Wednesday November 21, 2012 to 11:59 Sunday November 25, 2012. This 4.5 day period is defined by the NSC as the Thanksgiving weekend period.

According to the NSC:

  • The estimated number of non-fatal disabling injuries likely to result from car crashes during the holiday period is 48,300. However, this estimate is inexact and the data indicates that the number of non-fatal disabling injuries could range between 41,100 and 56,500.
  • When evaluating crash data from 2005 to 2010, the average number of deaths due to traffic accidents over the Thanksgiving weekend was 9.8 percent higher than the average number of traffic deaths during non-holiday weekend periods.
  • In 2010, 13.76 percent of the traffic deaths in the month of November took place during the Thanksgiving period.
  • From 2005 to 2010, 15.3 percent of traffic fatalities in November occurred over Thanksgiving.

While these statistics are determined without an objective method of measuring how much travel increases over Thanksgiving, they do suggest that there is an increase in the risk of a traffic crash occurring during the holiday weekend.

Protecting Yourself From Traffic Crash Injuries During Holiday Travel
Staying safe while traveling over the holidays should be a top priority. To minimize your risk of being involved in a crash, consider these tips:

  • Leave plenty of time to get to your destination so you can drive at a safe speed without worrying about being late. Don’t forget to take into account that you’re likely to encounter more traffic.
  • Avoid areas you suspect will be congested, such as shopping malls during Black Friday. Parking lot accidents represent a significant percentage of crashes over the Thanksgiving holiday.
  • Refrain from driving when you are tired, distracted or drunk. Drowsy driving, driving while on a cell phone or otherwise distracted, and driving while intoxicated can significantly increase the risk of an auto accident.

By keeping these tips in mind and following safe driving practices, you can hopefully stay safe over the holiday season.
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In an eastern Indiana community, outside of Fort Wayne, law enforcement officials have made a series of arrests for possession, manufacturing, sale and distribution of methamphetamine.Our Hammond divorce lawyers might not take particular note of that, but for the fact that one of the individuals arrested during a traffic stop had her two-year-old child in the vehicle. That child was subsequently taken into the custody of Indiana Child Protective Services, and then ultimately released to another family member.

Parents who have either been recently arrested or convicted of drug-related or other criminal charges may face a host of challenges when working to regain custody of their child. Custody isn’t always taken after an arrest, but it can be, particularly if it’s determined the child was at some risk or there is nowhere else for him or her to go while the parent is in custody. Child-endangering charges can also cause havoc with child-custody agreements.

Individuals grappling with this situation need a family law attorney who understands what is necessary to protect your parental rights.

As a general rule, courts are loathe to separate parents and children. It is generally not seen in the best interest of the child, even when the conditions of the home or the background of the parent is less than idea.

That said, the court, in acting in the best interests of the child, is going to look at the following:

  • The parents’ wishes;
  • The age and sex of the child;
  • The child’s relationship with his or her parents, siblings and extended family members;
  • The child’s adjustment to home, school and community;
  • Whether there is a history of domestic violence;
  • The parents’ mental, physical and emotional health;
  • The parents’ ability to financially care for their child.

No one aspect will necessarily decide a case definitively, but a drug arrest could certainly hurt your case. At the very least, it may take longer to prove to the court that you are, in fact, a fit parent, capable of providing a stable and loving environment for your child to thrive.

You may find that certain requirements you must meet in order to regain custody of your child may also be mandated by the criminal court judge. However, it often shows initiative and reflects favorably if you do it on your own without prompting. For example, if you enroll yourself in a drug treatment program that requires regular drug testing – before you are court-ordered to do so – it may show you are serious about getting clean and getting your kids back.

Likewise, the family court may at some point require you to get and keep a job in order to get your child back. But if you can do this before the court has to tell you to do it, it may improve your chances.

If you have another relative, such as a parent or grandparent, who is fighting you for custody of your child, it may make your battle more challenging. But again, the state courts recognize that the bond between a parent and child is important, and if it’s possible to maintain it while keeping the child safe, the court will strive to do this.

Still, you need an attorney on your side who will advocate for your best interests and those of your children, who need you.
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Texting and driving could cost you. We’re talking about your car insurance.

According to FOX Business, your insurance company is keeping an eye on states that enact texting and driving bans. According to the National Highway Traffic Safety Administration (NHTSA), you’re close to 25 times more likely to get into a car accident if you’re texting behind the wheel. Insurance companies are using this scare as a reason to increase premiums.Our Highland injury lawyers have talked about distracted driving a number of times. It’s no different from talking on a phone or texting behind the wheel — both are dangerous. In the state of Alabama, drivers are allowed to talk on their phone while driving, but they’re prohibited from text messaging behind the wheel. The problem with this is that it’s tough for law enforcement officers to determine if a driver was dialing a number to call (legal) or composing a text message (illegal).

To help find solutions to enforcement challenges, officials with the NHTSA recently sponsored a pilot program, dishing out more than $500,000, to push different enforcement efforts on this dangerous driving behavior in Connecticut and Massachusetts.

“While it is relatively easier for law enforcement to determine illegal handheld cell phone use by observing the position of the phone at the driver’s ear, the dangerous practice of texting while driving is often not as obvious,” said David Strickland, Administrator for the NHTSA.

Insurance companies are keeping an eye on what drivers are doing behind the wheel. While these companies aren’t typically first in line to help to compensate you after an accident, they sure are first in line to tack on extra charges for your coverage.

There are more than 3,000 people who are killed each year in an accident with a distracted driver. Unfortunately, officials believe that this number is actually much higher as drivers are not likely to admit when they were distracted during an accident.

Insurance companies already use traffic citations as evidence for hiking up a driver’s rates. Consider a drunk driving charge: Insurance companies are likely to double, even triple, your premium if you are convicted of an alcohol-related driving violation.

Point System in Indiana:

-Two-Point Violations: Exceeding the speed limit (less than 15 mph over the speed limit), not using your headlights and not having your turn signals or brake lights work properly.

-Four-Point Violations: Making illegal U-turns, making unsafe lane movements and exceeding the speed limit (between 16 and 25 mph over).

-Six-Point Violations: Speeding (over 26 mph over the speed limit), tailgating and neglecting to yield or stop.

-Eight-Point Violations: Speed contest on road, neglecting to yield to an emergency vehicle or driving on an extended driver’s license.

An at-fault driver’s record behind the wheel may also become an issue when seeking damages in a personal injury or wrongful death lawsuit.
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More and more frequently, couples are choosing to live together, buy homes and have children without first getting married.Our Highland divorce lawyers know that while divorce cases tend to be fairly straightforward under state law, those who simply cohabit or have a domestic partnership tend to have a tougher time securing their rightful belonings. That’s because Indiana outlawed common law marriage back in 1958, and the state’s constitution expressly bars recognition of same-sex marriages.

There is the principal of per lex loci celebrationis, which essentially allows common law marriages recognized in other states to be recognized in Indiana, but Indiana residents themselves aren’t afforded this protection. (This is all addressed in IC 31-11-8-5 and IC 31-11-8-0.3, which states marriages are void unless they are accompanied by legal proceedings.)

That’s why these cases require an attorney with proven experience in this realm.

Our firm has handled countless cases for individuals who were not married, and yet shared property, debts or children.

This is what was at issue in Reed v. Parrish. Although this case was out of Alaska, and divorce laws can vary greatly from state-to-state, the same basic principles apply.

In this case, the couple had been in a relationship together for a dozen years and had three children together, yet never married. They resided in a home that was legally owned by the man. The pair separated and, pursuant to a domestic violence protection order, the woman remained in the home with the children while the man paid the mortgage.

The superior court in this case determined the pair were living in a domestic partnership, and had sought to acquire property as though they were married. It’s worth noting that the state of Indiana does not recognize such a union as valid.

The court then evenly distributed the property, but omitted the mortgage payments. The man appealed, arguing the court failed to properly credit him for his mortgage payments made after the pair had separated.

The superior court’s decision was recently affirmed by the state supreme court.

Because Indiana doesn’t have these kinds of protections in place for individuals who are not married, there are a few options couples might consider while they are still together to protect their asset later. One is a property agreement. This can be a legally binding contract that stipulates ownership or joint ownership at the time of purchase.

You also have the option of separation agreements. These are essentially contracts that are negotiated prior to separation that spell out how property and assets may be divided in the event of a split.

The bottom line is that if you don’t have a marriage license with the spouse from whom you’re separating, you’re going to need an experienced family law attorney in order to ensure your rights and property are protected.
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In just a few days, on November 4th, we’re going to get an extra hour of sleep. Unfortunately, with it will come an increased risk of traffic accidents through the remainder of the year.

Because our mornings are going to start later with the end of Daylight Savings Time, many of us are going to be making our evening commutes in the dark. It’s not just the drivers that are going to be affected. It’s also the evening pedestrians and bicyclists that are at serious risks, too.Our Highland personal injury attorneys understand that accidents during this time of the year are much more likely. The weather is deteriorating and November is also the deadliest month of the year for traffic crashes involving deer.

Risks of Deer Accidents:

-Indiana is ranked the 8th most dangerous state for these kinds of accidents.

-October, November and December are the most dangerous months.

-There are more than 1 million deer-car accidents every year.

-About 200 people are killed, 10,000 are injured and vehicle damage results in close to $1 billion annually.

-About 60 percent of the people who are killed in these accidents are not wearing a seat belt when the accident happens.

Most of the crashes resulting in serious or fatal injuries occur when the driver loses control of the vehicle and drives off the road or into oncoming traffic. Even when dealing with your own car insurance company, talking with an attorney can best help you protect your rights and can help you to gain the compensation that you deserve.

Your chance of hitting a deer in the next 12 months is 1 in 160, according to Wane.com. Another common problem we’re going to have to deal with out there are the risks associated with winter driving.

Winter Weather Safe Driving Tips, from the Indiana Department of Transportation:

-Check weather and traffic reports before heading out.

-Make sure your windshield is clear of snow and ice before starting.

-Be on the lookout for black ice. Be cautious when driving through intersections, bridges, off-ramps and shady areas. These are all hot spots for black ice.

-Leave early and allow yourself plenty of time to get where you need to be to avoid rushing.

-Keep your eyes on the road and your hands on the wheel as visibility may be reduced because of weather conditions.

-Go slow, even if you have a vehicle that is 4-wheel drive. With more powerful vehicles, you may be able to take off faster, but you’re more than likely not able to slow down any faster.

-When you know you’re going to brake — brake early and brake slowly!

-Be cautious when traveling near snow plows. Allow them plenty of room when passing.
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Halloween is a holiday that our little ghosts and goblins look forward to all year long. It’s not only a time for our children to dress up in spooky costumes, but it’s also a time they get to carouse the neighborhood for sweet treats.

Unfortunately, Halloween can be a little tricky from a child-safety standpoint. Your child is more likely to be injured, and even killed, in a pedestrian accident during Halloween than during any other night of the year. To help to keep our kiddies safe, our Highland personal injury attorneys are here with some safe Halloween tips from the Indiana State Police.Keeping Costumes Safe:

-Make sure that costumes are short to prevent any trip and fall accidents.

-Try to use face makeup instead of a full face mask. A mask can obstruct your child’s line of sight. This makes it difficult to safely cross the street and tough to go up and down stairs safely.

-Make sure that children’s costumes are light colors. Try putting reflective tape on their costumes to help to make them more visible to drivers passing by.

While Trick-or-Treating:

-Make sure that older children trick-or-treat with friends. Never allow them to trick-or-treat alone. Always accompany young children and everyone should travel in a group.

-Make sure that everyone has a safe route. Never trick-or-treat in neighborhoods that are dark or have dangerous roads.

-Make sure children know to only approach homes that have outdoor lights on.

-Always walk on sidewalks and on driveways. You never want to cut across someone’s front yard.

-Try to start trick-or-treating early. Avoid trick-or-treating after the sun sets and when it gets dark. Motorists are less likely to see you when it’s dark out.

-Give all children flashlights so that they can see where they are going and so that drivers can see them better.

-If your community has designated trick-or-treating hours, make sure that you and your family follow them.

Handling the Goods:

-Make sure children know not to try out any of their candy before they get home or before a parent can look over it.

-Make sure that parents check out all of the candy in a well-lit place.

-Only consume candies that are unopened and are in their original wrappers. Toss out anything that is homemade, is in a different package or just look suspicious.

Drivers are asked to be extra careful when driving around town on Halloween night. Kids are going to be out in force. Make sure you travel below the speed limit to help to protect our young ones. Be ready for them. They don’t always understand the risks for injury that are associated with vehicular traffic. Be their saving grace and travel cautiously.

Remember that local schools, communities and churches even offer some safe alternatives to trick-or-treating. These kinds of programs are designed to keep kids off of the street and away from danger.
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8320 Kennedy Ave
Highland, IN 46322
Phone: 219-836-2200
Fax: 219-836-9388

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