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Listen up parents!

Your teens are watching your every move behind the wheel. There will be no bigger impact on their driving habits than the example you set behind the wheel. According to Claims Journal, a recent study from Liberty Mutual Insurance and SADD (Students Against Destructive Decisions), close to 70 percent of teen drivers say that their parents are following a whole different set of driving rules as they are — and it’s not fair.In the recent study, there were more than 1,500 teen drivers surveyed. What the survey found is that these young drivers are highly likely to mimic the driving behaviors of their parents. If you’re driving poorly, your child is going to as well. Some of the dangerous driving habits that were noted in the study were distracted driving, speeding, driving without a seat belt and even driving under the influence of alcohol. Parents who engaged in these dangerous driving habits were likely to have teen drivers who did the same thing.

Our Highland car accident lawyers understand the driving habits that these young drivers learn during their first year behind the wheel are most likely the driving habits they’ll hang on to for the rest of their lives.

Teens observe their parents and the following common dangerous driving habits:

-More than 90 percent talk on the phone behind the wheel.

-Close to 90 percent exceed the speed limit.

-Close to 60 percent text message while driving.

-Half of teens are driven by a parent who isn’t wearing a seat belt.

-About 10 percent drive under the influence of alcohol.

“The best teacher for a teen driver is a good parental role model,” said Stephen Wallace, senior adviser for SADD.

It’s important for everyone in your household to follow the same driving rules. Make sure that you talk with your teen about safe driving. Have this conversation with your teen frequently. You might not think so, but you’re the most influential person in your young driver’s life.

Of the 1,700 teenager who were surveyed, most reported their parents were making poor driving decisions.

Poor Teen Driving Behavior:

-90 percent say they talk on the phone behind the wheel.

-Close to 95 percent say they speed, at least occasionally.

-Close to half say they speed often.

-About 80 percent say they text message while driving.

-More than 15 percent say they drive under the influence of marijuana.

-About 15 percent say that they drive under the influence of alcohol.

-About a third say that they drive without wearing a seat belt.

Parents — talk with your teen about the importance of safe driving. More importantly, make sure that you’re setting a safe example behind the wheel. Winter weather is just around the corner. Many teens are earning their driving rights as the new school year gets under way. Helping your young driver build a strong foundation can help keep them safe for years to come.
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A 56-year-old Hobart man escaped life-threatening injuries when his vehicle wedged beneath a tractor-trailer and up against a retaining wall while merging onto I-80 eastbound, according to the Indiana State Police.

The picture (available at above link) shows how precarious the driver’s position was as his vehicle wedged partially beneath the trailer between the tractor and the trailer’s rear axles. State police say the driver failed to manage the merge before the lane ended and his Toyota was struck by the semi, which was carrying more than 44,000 pounds of soft drinks. The truck driver was not injured. The vehicle’s driver was taken to Saint Mary’s Medical Center with non-life-threatening injuries.A Highland personal injury attorney experienced in handling semi accidents in Indiana knows fatal injuries often result when a passenger vehicle passes beneath a tractor-trailer. Even 5-star safety-rated cars are not meant to withstand these underride accidents — thus, decapitation risks make them particularly deadly.

Such accidents may occur several other ways.

One of the common factors in such crashes is failure of the underride guards. These guards (which you commonly see hanging down beneath the rear of a tractor-trailer) are designed to prevent passenger vehicle’s from traveling beneath a trailer in the event of a rear-end collision. However, they are notoriously unreliable. A study last year by the Insurance Institute for Highway Safety found guards approved for use in the United States failed more frequently than those that comply with more stringent Canadian standards. However, neither performed well in the event of a rear-end collision, particularly when the vehicle strikes the trailer at an angle.

Only 22 percent of the rear-end crashes studied did not result in some underride of the vehicle. In 23 of 28 fatal accidents, catastrophic underride occurred.

The other way these accidents commonly occur is when a motorist does not allow a tractor-trailer plenty of room when making a turn. Semis have a much wider turning radius than passenger vehicles — particularly when making a right turn. The right-side convex mirror is rendered useless during such a turn, leaving the driver blind to the inside of the turn. The truck must swing wide enough to ensure the trailer’s trailing wheels do not strike the curb, a pedestrian or other obstruction located to the inside of a turn. When turning left, a trucker still must swing wide but has the benefit of seeing the inside of the turn through the driver’s side cab window and can thus be more precise.

Motorists should never attempt to pass a truck making a turn. A trailer may catch a vehicle on the outside as it swings wide. Neither should a motorist attempt to beat a tractor-trailer to the turn by trying to skate by on the inside, where it can be caught by the swinging trailer as it tracks out of its turning radius.
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The AAA Foundation for Traffic Safety reports that about 70 percent of all residents who are over the age of 64 are taking at least five medications every day, which can negatively affect their driving habits. These side effects can produce deadly results.Medications, prescriptions and over-the-counter drugs come with a ton of warnings about their side effects. Some of these side effects include drowsiness and other risks that are associated with driving. Our Highland accident lawyers understand that many of these drivers have no clue about the side effects — let alone how their drugs may be interacting with one another. Even with the list of side effects available on these medicines, some can have a totally different affect when combined with other drugs. That’s why it’s important for you to get information regarding you prescriptions from a specialist.

Popular medications that are known to impact driving:

-Decongestants

-Antihistamines

-Cough medicines

-Antidepressants

-Sleep medicines

-Narcotic pain pills

-Tranquilizers

Most of us have taken some of these at one time or another. But how many of us knew how they would impact our driving abilities? That’s why officials with AAA have created the “Roadwise Rx” tool. It’s an online program that allows you to enter in the medications and the prescriptions that you’re currently taking. The program offers you personalized feedback regarding these side effects.

“With medical conditions typically on the rise as people age, and treatment often dependent on medicinal interventions, there was a critical need to develop a tool to help older drivers understand the safety risk,” said Peter Kissinger the president of AAA.

As we age, our abilities to drive age as well. When you throw medications into the mix, many older adults are at increased risk for an accident and aren’t even aware of it.

It’s important that we’re cognizant of all of the things that can affect our driving. This not only includes the effects of medications, but the effects of sleepiness, anger, distractions and alcohol as well. Knowledge is key in preventing car accidents. Take a look at your loved ones. Are any of them at serious risks for a car accident? This is especially relevant to our elderly drivers.

It’s an issue of increasing concern. By 2020, there are expected to be many more elderly drivers on the road. Officials with AAA estimate that one out of every six people in the country will be 65 years old or older by that time. Baby boomers are also expected to be hanging on to their driver’s licenses longer than their parents.

If you have an elderly loved one, check in on them. Talk with them about their prescriptions and the effects that they might be having on their driving abilities. Go with them to talk to a physician or a doctor or visit the Roadwise Rx website with them.

Being proactive can make a real difference as we head into the busy holiday travel season!
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A couple begins arguing over allegations that the man is cheating on the woman.The fight escalates to physical violence, with the man reportedly head-butting the woman, causing her to require stitches.

The woman subsequently files for divorce.

Indiana divorce lawyers know that this type of scenario is frighteningly common that it would hardly garner any attention at all, were it not for the fact that it involved former NBA star Chad Johnson and his reality star wife, Evelyn Lozada.

The only real difference here is that as far as we know, the violence Johnson reportedly inflicted on his wife occurred only once before she left him. Sadly in most cases, the abuse may stretch on for decades before the victim decides he or she is ready to leave.

During a divorce action, at-risk spouses must be particularly careful. In fact, intimate partner homicides are twice as likely to occur during a separation or divorce than at any other time. That’s why it is critical if you have been a victim of domestic violence prior to filing — or if you suspect your partner may be capable of violence — that you discretely consult with an attorney who has experience in handling similar cases. An experienced attorney will understand the type of plan that must be formulated in order to ensure your protection – and it does require planning.

Unfortunately, oftentimes the spouse who is being left can not accept that it’s actually over. Johnson may be a perfect example. Following his wife’s filing, he proceeded to get a large tattoo of her face on his leg. When asked if they were getting back together, he publicly stated he did not care what she had filed, the pair would remain married. He has also refused to sign divorce papers. She, meanwhile, maintains that she is moving forward with the proceeding in order to protect herself.

While this case illustrates that no one is immune from domestic violence, it’s true that Lozada may have resources that most abused spouses do not. This is where the careful planning comes in.

Here are some general steps that need to be taken:

Meet with a family law attorney who is experienced in situations with domestic violence. We can assist you in determining the safest way to leave. We can offer discrete consultations about what your options are, what documents and other items you need to gather (if you can do so safely), how you can protect your children, where you can seek shelter and whether law enforcement should be involved. Some of the things you will likely need to have before you go include: Important documents (license, passport, health insurance card, green card, house deed, etc.), medications, money and/or checkbooks and/or credit cards, clothing and jewelry and copies of unpaid bills.

Your family law attorney can also help you file for a temporary civil restraining order. It’s true that a piece of paper may not keep someone away if he or she is determined, but it does give you some legal recourse and protection.

Locate a woman’s shelter and social-service resources for abused spouses and children. Your attorney can help you with this as well.

Talk to your employer and your children’s school administrators about your situation so you can avoid any inadvertent disclosure of your location or any other information.

Get a cell phone to which your ex will not have the number and give it out only to a very select few people you know and trust.
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As parents, we worry about our kids.

That worry is magnified when we send them out in a motor vehicle. Now, there’s a way that you can keep an eye on them even when you’re not in the passenger seat. It’s the Push Text app and it’s available for both Andriods and for iPhones.According to the Courrier-Journal, the program gives your teen driver a bumper sticker that reads, “How is my KID driving? Push Text my tag #.” You get the app on your phone and you get to read all about their driving. The app will only cost parents $15 for the first 12 months and then $10 for each year after. All you have to do is download the app and register your kid’s plate number.

Our Highland accident lawyers understand that car accidents continue to be the leading cause of death for teens throughout the country. They have higher accident risks that any other age group of drivers. During their first year behind the wheel their accident risks are the highest. It’s important that parents stay involved in their teen’s driving career to help minimize the risks as much as possible. This app, some say, is going to help to do just that. Others say that it’s an app that comes with many more cons than pros.

Some are saying that this app is dangerous because it’s urging other drivers to whip out their phone behind the wheel and start composing a message about someone else’s driving. This is only going to increase the risks for distracted driving car accidents. Others are saying that this app is going to allow drivers to falsify reports. Since the messages are anonymous, drivers believe that others are going to submit fake reports and the system will never be accurate.

“This puts a little bit of yourself in the passenger seat as a parent,” said Michael McManigal, creator of the app. “Once (teen drivers) leave the driveway and turn the corner and they’re out of sight, no one’s policing them.”

Teens are reminded that having a driver’s license is a privilege and it’s a privilege that can be revoked if you’re not responsible. In 2009, there were more than 40,000 drivers who were under the age of 21-years-old who were involved in a car accident in the state of Indiana. There were close to 50 of these individuals who were killed in these incidents, according to the Indiana Criminal Justice Institute.

For this reason, officials with the Indiana Criminal Justice Institute (ICJI) and with the Governor’s Council on Impaired & Dangerous Driving continue to work with teenagers, parents, legislators and safe driving advocates to help to increase awareness about the importance of a thorough driver’s education for our young ones.

One of the main reasons that these young drivers get into car accidents is because of the number of passengers they have in the car. A number of studies have proven that just one young passenger doubles the risks for your teen to get into an accident.

We’re asking all parents to sit down and to talk with their teens about safe driving habits. Make sure they understand the risks that are associated with distracted driving. Make sure they’re aware of their state-issued driving restrictions through the Graduated Driver’s Licensing (GDL) program and that they’re abiding by all of these rules. Staying involved can help to decrease their risks and can help to keep them safe out there!
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A divorce and subsequent fight for child custody can be two of the most trying things you may ever endure. Many people liken it to dealing with a death.Indiana child custody lawyers know it is the end of whatever dream you may have had for a future with you and your spouse together. Plus, you feel as if you’re losing your whole family. It’s understandable that mounting frustrations can bubble over, and that’s often where it gets ugly.

Having an experienced attorney, of course, is the best thing you can do to protect your rights and to try and eliminate as much of the unnecessary emotion as possible from the equation.

But you have to be careful of how you express those negative emotions. Whether it’s a nasty e-mail to your ex, a post on Facebook or, in this case, a song on YouTube that includes threats against the judge, it can sometimes jeopardize the merits of your divorce case or child custody dispute. It may even result in criminal charges, as it did in U.S. v. Jeffries, recently reviewed by the U.S. Court of Appeals for the Sixth Circuit.

This was a case out of Tennessee, and although divorce and child custody laws vary significantly from state-to-state, the basic concept is relevant anywhere in the country.

In this case, the man was embroiled in a bitter custody battle for his young daughter. He had been actively seeking greater visitation time with his daughter. In his frustration, he penned a song detailing his emotions. Half of the song talked about relationships between fathers and daughters and the importance of spending time together. Conversely, the rest of the song is a litany of complaints about the legal system, his ex-wife – and the judge. With regard to the latter, the amateur musician threatens in his song to kill the judge if he does not grant him greater custody rights.

The man performed the song, complete with acoustic guitar, and posted a video rendition on YouTube.

It includes such lines as, “I guarantee you, if you don’t stop, I’ll kill you,” and, “If I have to kill a judge or a lawyer or a woman I don’t care.”

This was several days before a re-hearing on his visitation rights. He uploaded the video and shared it with several friends and family members. He dedicated the song to the judge. The video was also shared with a state representative, a local television station and a fathers’ advocacy group.

He tried to take it down 24 hours later, but by that point, it had been forwarded multiple times, including to his ex-wife, who then forwarded it to the judge.

Law enforcement viewed the video, and the case was forwarded to federal prosecutors, who charged him with violating 18. U.S.C. 875 (c), which prohibits transmission in interstate commerce of any communication that contains a threat to injure another person.

By law, the threat must be “objectively real” in that a reasonable person could have concluded that the threat was true. Regardless of his intent, the question before the jury was whether a reasonable person could have perceived a potential for a viable threat. His defense attorneys argued that he meant no actual harm to the judge.

Ultimately, both the trial court and later the appeals court determined that the threats were objectively true. A conviction on this charge carries a maximum penalty of up to two years in federal prison.

What’s more, as a convicted felon, this father may have lost any chances at increased or sustained visitation.

It’s a sad case, but the lesson here is critical: If you need help working through this incredibly stressful time – seek it in the form of counseling. Let us take care of the rest. And keep your life out of social media until your case concludes.
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A new report released by the non-profit group Child Aware of America indicates that cost for child care now exceeds rent payments in most states in the country.In Indiana, which is ranked as having the 10th highest child care rates in the country, parents are typically paying about 13.5 percent of their income on child care. This was only slightly behind the state with the No. 1 highest child care rates – New York, where families paid about 15.9 percent of their salaries for it.

Indiana child support lawyers know that this is difficult enough for two-parent households. It’s nearly impossible when a single parent is treading water, trying to stay afloat on the bills.

For many parents, the issue of support – or rather, refusing to collect it when they could – is a source of pride. It sends a message to the non-involved parent that, “I can do it without you.”

It’s a sentiment that, given the rising cost of so many goods and services, few single parents can afford. Many are finding that they now have no choice but to petition the court for a support order just to make ends meet.

Other single parents may have support orders in place that are not being honored by the non-custodial parent. In these cases, custodial parents can petition the court, with the help of their attorney, for some form of relief from the court. Judges have the authority to order a variety of relief measures, such as wage garnishment, liens or revocation of driving privileges.

To put into perspective what many single parents are dealing with, consider some of the figures from Child Care Aware’s new research:

  • The yearly cost for infant care rose by about 2 percent last year – in some cases, by as much as $15,000;
  • The yearly cost to care for a 4-year-old spiked by more than 4 percent – in some cases by as much as $11,700.
  • In half of all states, the cost of child care for one child exceeded the annual median rent payments;
  • When the cost for two children were considered, it exceeded rent in all 50 states;
  • In 35 states, the cost for full-time infant care exceeded the cost of in-state tuition and college fees at a four-year university.

Then you factor in a host of other upwardly-spiraling costs, such as a 30-cent spike in gasoline prices and grocery bills that have shot up more than 10 percent in the last month, and it becomes clear the family budget is under pressure from all sides.

A report that was released earlier this summer by a separate non-profit indicated that the cost to raise a child will be $8,000 more for a child born in 2011 than for a child born in 2010.

All this, and we haven’t even talked about the current job market.

The bottom line is this: There is no shame in seeking support for your child – support to which he or she is rightfully entitled.

But you shouldn’t go it alone. We can help.
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A recent change to Indiana child support law has reduced the child’s cut-off age from 21 to 19, but also makes exceptions with regard to educational support (such as contributing to college).Our Jasper County child support attorneys understand that the law will apply retroactively – meaning if you already have a standing order and your child is between the ages of 19 and 21, you stand to lose that support.

However, the parent paying the support must petition the court to be allowed to terminate those payments – it shouldn’t happen automatically.

Consulting with an experienced child support lawyer will allow you to explore all options available considering your unique situation.

The legislation, Senate Enrolled Act No. 18, was a move to amend Indiana Code concerning juvenile law and family law – specifically, IC 31-13-11-18. The statute was amended to say that effective July 1, 2012, a parent has a duty to pay for child support until the child becomes 19 (instead of 21), unless one of the following two conditions is present:

1. The child is incapacitated, in which case the court would determine how long support should continue;
2. The child is emancipated prior to 19 years of age, excepting for educational needs. Emancipation would be determined by some of the following criteria: the child is at least 18 years-old, isn’t enrolled in school, is capable of supporting him or herself, is on active duty in the U.S. Armed Services, is married, or is no longer under the control of either parent or any individual or agency approved by the court.

With specific regard to educational needs, the new law indicates that any child support orders that were issued prior to the effective date (July 21st) may petition the court for educational coverage until he or she the age of 21. However, any child who is receiving support for an order issued after that date can file a petition for coverage of educational needs only until the child reaches the age of 19.

Indiana legislators reportedly chose age 19, as opposed to age 18, because a small percentage of high school seniors – about 1 percent – are 19 years-old.

But why this move, why now? The main reason for the change is that fathers often didn’t pay past age 18 anyway. Most mothers did not file petitions in court to make them pay, though they legally could have done so. However, this failure to pay rate affected the state’s overall child support payment success rates, often lowering the state’s eligibility to receive federal funding for the program.

There has been some speculation, however, that there may be many legal challenges ahead, specifically as it relates retroactively to cases. The primary argument would be that it may illegally invalidate contracts between parents – particularly agreements that specifically say that one parent must pay the other child support until the child is 21 years-old. It may not have much bearing for individuals whose agreements are more generally worded.

The move is not a major shock, especially considering that Indiana was always among the small percentage of states that allowed child support to go beyond 18 or 19 years-old. In fact, there are now only two remaining states and the District of Columbia that have the 21-year cut-off.

Still, a number of family law judges are expecting a surge of petitions for modifications from both sides – parents who are seeking to have their support amended to the new cut-off age, and those who may seek other modifications to boost payments now in anticipation of the new cut-off.

The implementation of this measure is expected to be somewhat confusing. If you have questions about your rights in light of this new law, please contact our offices. We’ll be happy to help.
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Not only is it the summer season, when roadside workers are out there working to improve our state’s streets, but we’re also in the middle of Indiana’s fully-funded 10-year highway construction plan, Major Moves.

According to the Indiana Department of Transportation, the Indiana Work Zone Safety Law is being pushed during this time of the year to ensure the safety of everyone in our work zones. If you’re cited for unsafe driving behaviors or disobeying other road laws in a work zone, you’re going to get a citation of $300.

For a second-time offense, you’re going to get slapped with a $500 fine and a $1,000 fine for a third-time offense. Motorists who are busted driving aggressively or recklessly through a work zone face fines up to $5,000. If you end up injuring or killing a worker, you could end facing $10,000 in fines and up to eight years behind bars.We all know that highway work zones can be frustrating at times. But it’s important to remember that these workers are out there to make streets safer for Hoosiers. You’ve seen the orange cones and barrels. They’re not only there to warn you about road work, but to also remind you to practice safe driving habits.

Our Highland accident lawyers understand that dangerous driving habits not only put you and your passengers at risk for an accident, but also increase risks for roadside workers who are out there trying to make driving a little easier for you in the first place.

You’re at serious risks, too. As a matter of fact, four out of every five people who are killed in highway work zones are motorists. There were nearly 15 fatal accidents in 2011. Some of these accidents were noted to be the result of dangerous driving, including improper lane changes, driver fatigue and following too closely.

To help to keep everyone safe, employees completing this road work typically do their jobs during off-peak and nighttime hours whenever possible. For extra safety, they also install concrete barrier walls on busy streets, use electronic message boards, wear protective equipment and use extra police patrols in highway work zones. What’s missing is cooperation from some drivers.

Officials are asking drivers to stay alert behind the wheel and to pay close attention to your surroundings while driving through a work zone. In these areas, lanes change, speeds are altered and workers are oftentimes present. Make sure that you keep it slow and merge into necessary lanes before entering a work zone. This will help to keep traffic flowing safely and smoothly in these areas. You’re also reminded to avoid distractions in these zones and to avoid tailgating other vehicles. Keep your full attention on what you’re doing — driving.

Work Zone Travel Tips from Transportation Officials:

-Avoid distractions, especially the three C’s: Coffee, CDs and Cell Phones.

-Be ready for delays. Leave early for your destination to avoid rushing.

-Select an alternative route if possible and avoid construction altogether.

-Obey flaggers. They’re an extension of the law.

-Never tailgate a vehicle. Allow yourself with plenty of time to react to a road hazard. Reaction time comes with space.

-Check traffic and work zone info before setting out. Try to avoid these areas if possible.
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Divorce is one of those life events that leaves no aspect of your world untouched.

Your small business is going to be no exception.In fact, our Highland divorce lawyers know that there are special considerations that must be made and a fair amount of planning that has to be done in order to extricate yourself from the union with as little impact to your business as possible.

The fact is, most small business owners aren’t prepared for divorce. We already know that more than half of all marriages aren’t going to work out, but nobody enters into it thinking theirs will be among the 50 percent that didn’t make it.

Entrepreneurs though may have it especially difficult right now because of the economy. Many couples struggle to see eye-to-eye on money issues. But when you own a company, those stresses are compounded tenfold because you feel responsible for the welfare of others. You want to do everything possible to stay afloat. But that time away from home takes a substantial toll on marriages and families. Some simply aren’t able to survive it.

When you first begin to see things souring, that’s the time to seek legal counsel.

This is especially important for business owners because it’s not just yourself that you must strive to protect. You have a loyalty to your employees, your customers and others who depend on you and your business.

Hiring experienced legal counsel as early on in the process as possible will allow you to initiate the planning phase and reduce stress levels. This will help keep you focused on driving the business forward and continuing to keep it successful.

Some entrepreneurs have reported that their divorces ended up costing them thousands – not so much in legal fees, but in time spent in the mediation process and in court, the time expended on digging up reams of paperwork and in the time it takes away from getting new customers and maintaining relationships with existing clients. It can be especially burdensome if you run a company with a relatively small staff – where every person is vital to the operation – especially you!

The other question that comes up is what stake your soon-to-be ex will have in the company and its past and future profits. This is going to depend on a great many variables, including:

  • What type of business it is;
  • What the ownership structure is;
  • What was the role of your spouse in the company;
  • Whether you have children together;
  • Whether you founded the business before or after you were married.

Of course, there are some things you should do to protect your business before you get married, assuming it’s already running at that point. Those include creating a clear prenuptial agreement, the establishment of a buy/sell agreement, the creation of a domestic asset protection trust (which would protect the company from being subject to division in the event of a divorce) and the creation of a will.

However, if you haven’t done those things, there are still other steps you can take. It will require at least some level of cooperation on the part of both spouses, as well as having skilled legal counsel to help you navigate the potential pitfalls.
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Phone: 219-836-2200
Fax: 219-836-9388

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