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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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The holidays are a time when many people opt to visit elderly loved ones in nursing homes. This provides an important opportunity not just for visiting and sharing holiday joy, but also for checking in with the senior in your life and making sure that he or she is OK.

Unfortunately, there are far too many seniors in nursing homes who are not OK because they are the victims of elder abuse or neglect. Our Munster nursing home abuse attorneys want to remind every visitor to a nursing home this holiday season to be on the lookout for potential red flags or signs of trouble that could indicate problems in the nursing home.Elder Abuse a Widespread Problem
While it may seem unthinkable, elder abuse is a widespread problem in Indiana and throughout the United States. While many cases go unreported and it is difficult to get exact figures, estimates from the National Center on Elder Abuse indicate that anywhere between 1 million and 2 million individuals aged 65 and older are victimized by some type of elder abuse or neglect.

Both abuse and neglect can be devastating to a senior’s health and well-being. In fact, the Senior Journal has reported that elderly individuals subject to mental or physical abuse have a three times greater risk of passing away within three years of the abusive or wrongful behavior than a senior who is not victimized by bad treatment.

Spotting Signs of Elder Abuse
Elder abuse can be physical, financial, mental or emotional. It can also include being neglectful and depriving a senior of care. There are a variety of different signs that abuse is occurring and family members should be on the lookout for indicators of abuse. The National Center on Elder Abuse offers some things to be on the lookout for including:

  • Pressure ulcers (bed sores)
  • Cigarette burns or other unexplained burns
  • Lacerations
  • Bruises that cannot be explained
  • Any injuries that cannot be explained
  • Inadequate personal hygiene
  • Dirty or unhygienic living conditions
  • A significant decrease in weight or signs of malnutrition
  • Dehydration
  • Unexplained or unexpected mood changes, including depression or anxiety
  • Genital bruising or an STD
  • Financial transactions that are unusual or that cannot be explained
  • Missing property or money

If you identify any of these potential signs of abuse, it is very important that you take appropriate action. The holidays are a time when nursing homes are aware that residents tend to have more visitors than at any other times of the year. As such, even most bad nursing homes will clean up their act during this time. If the nursing home you visit is being abusive or neglectful during this season, things are likely to be much worse at other times of the year.

Indiana provides resources for those who suspect elder abuse through the Family and Social Services Administration. Details on adult protective services as well as on nursing facilities in the state can be found on their website.
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The case of D.C. v. J.A.C., Indiana Supreme Court, reveals the complexities of move-away custody cases in Indiana.Because the question at hand involves a parents’ current and future relationship with their children, our Munster divorce lawyers know that these cases often involve heightened emotions and can quickly become bitter.

We understand that this is not a matter you want to leave to chance. That’s why we are dedicated to fighting for your rights and the best interest of your child’s future.

In this case, mother and father married in 1997 and had one child, a son, who was born six years later. When the child was 5 years-old, his parents decided to divorce, and at the time, they agreed to share legal custody of him. The agreement indicated that while the mother would be provided with physical residential custody (meaning this is where the child sleeps overnight), the father was granted parenting time consisting of two weekends a month and three overnight visits each week.

This arrangement worked well until the mother filed a notice in the summer of 2010 of her intention to relocate. She filed what is called a motion for temporary order permitting relocation. While that motion was pending, she moved with the boy to Nashville, Tenn. However, the following month, the court ruled on the matter, denying her motion. The mother complied with the court’s order to return the child back to Indiana.

At this point, the father filed a motion to modify custody in order to prevent the boy’s move, under Ind. Code 31-17-2.2-1. Under this statute, the parent who wishes to move holds the burden of proof in showing why the move is both legitimate and in good faith. For example, moving for the sole purpose of keeping your child away from his or her other parent is a request almost certain to be denied by the court, except for extenuating circumstances such as proven abuse or long-term incarceration.

In this case, the court responded by first appointing a guardian ad litem for the child. A few months later, a hearing was held, and the GAL testified that he didn’t believe a move out-of-state was in the child’s best interests. Other testimony considered was that of not only the mother and father, but both paternal and maternal grandmothers and the child’s godfather.

The district court sided with the father, providing that both parents would continue to hold joint legal custody, but the father would now be the primary physical custodian, and the mother would receive parenting time during any school holidays and other times she came to visit.

The Indiana Supreme Court then affirmed the trial court’s decision, finding that the neither the findings nor the judgement were clearly erroneous, as required for a reversal in these cases.

When the court is weighing whether to grant relocation, the following are the primary considerations:

  • The distance involved;
  • The hardship expense for the parent who is staying in-state to exercise his or her parenting time or grandparent visitation;
  • How feasible it will be for the child to maintain a relationship with the non-custodial parent;
  • Whether there is an established pattern of conduct on the part of the parent who is moving that indicates he or she is trying to curb the relationship between the non-custodial parent and the child.
  • The reason for the move (i.e., work, to care for an ailing parent);
  • Other factors that are considered in the best interest of the child (the child’s age, sex, relationship with siblings, school, church, etc.).

Regardless of the details of your case, call us today to see how we can help.
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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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Phone: 219-836-2200
Fax: 219-836-9388

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