by

“Kyleigh’s Law” was upheld by the New Jersey Supreme Court. This is the law that requires newly-licensed drivers to display a red sticker on their license plate. New drivers in the state are required to display this red sticker on their plates for a year after they receive a license. This law is named after a 16-year-old New Jersey resident who was killed in a car accident with another teen driver nearly 6 years ago.”There were too many teens in the car. He was new GDL driver. He was speeding. That’s a lot of distractions right there,” said D’Alessio’s mother.

Our Highland personal injury attorneys understand that newly licensed drivers face some of the most serious risks for car accidents. Just like the teens here in Indiana, all young drivers are required to follow strict rules and laws while learning to drive.

In Indiana, a driver has various restrictions during the stages of their intermediate license. During the first 180 days, they’re not allowed to drive from 10:00 p.m. until 5:00 a.m. After the first 180 days, they are prohibited from driving from 11:00 p.m. to 5:00 a.m. on Sunday through Friday. On Saturday and Sunday they’re not to drive from 1:00 a.m. to 5:00 a.m. These young drivers are also restricted from driving with any passengers in the vehicle during the first 180 days of this licensing stage, according to the Insurance Institute for Highway Safety (IIHS). These laws are meant to help these young drivers to get the most out of driving education by exposing them to different dangers and driving scenarios in stages.

Officials in New Jersey say that these stickers are the perfect way to help officers enforce rules for these restricted licenses.

Not everyone is buying into the program. Many have chosen not to display them on their vehicles.

“I don’t like to be profiled so I refused to put it on my car,” said Chris Schetelick, teen driver of Bernardsville.

Not having the decal is not a moving violation, but teens can face a $100 fine.

While officers may have a tough time keeping their eye on all teen drivers throughout the state, we’re asking parents to step in and to help. We’re asking you to familiarize yourself with the laws of the state’s graduated driver’s licensing (GDL) program and to even enforce your own household driving laws. Make sure you know where your teen is driving, when they’re coming home, who they’re driving with and how they’re acting behind the wheel. Staying involved in your teen’s driving career may be one of the most effective ways to help keep them alive on our streets. Consider enacting a parent-teen driving contact to clearly lay out the rules and the consequences for breaking any household driving rules.
Continue reading

by

It was recently reported that Levi Johnston, ex-boyfriend of Sarah Palin’s daughter, Bristol, is filing for sole custody of their 3-year-old after the child appeared on a reality television show using a homophobic slur, cursing and generally behaving badly.Our Munster child custody lawyers know that he will probably need more evidence than that – as well as a good attorney.

Johnston was said to have been “disgusted” by what he saw on Bristol’s new show, and is fed up with what he said are strong-arm attempts to keep him from his son.

However, courts are generally quite reluctant to take a child away from his or her custodial parent, particularly when that parent is the mother.

That’s not to say it’s impossible, and parents do have a responsibility especially in extreme cases (i.e., abuse, neglect, drug use, an unstable home environment) to take action to protect their children.

Most family law judges are interested in establishing an equitable child custody arrangement from the beginning. This is usually done using the legal evaluation of what is considered the “bests interests” of the child.

Some of the aspects that the court evaluates will include:

  • The physical and mental health of a parent;
  • A parent’s lifestyle habits;
  • Whether there are risks of neglect or abuse;
  • Whether the parent is able to fulfill basic needs for the child, including providing food, shelter, clothing, educational and emotional support and medical care;
  • Whether a parent is able to provide a continuity for the child with regard to where they live, what school they attend, what religious organizations they are involved in and other social activities;
  • Depending on how old the child is, his or her personal preference may also be considered.

That said, there are several different types of custody. The two most common are sole custody and joint custody.

Sole custody is where the child or children spend the majority of time with one parent. As a parent with sole custody, you may be more readily able to get permission from the court to relocate and you will also have the right to make major decisions about the child’s medical care or education without having to consult with the other parent. Additionally, the other parent may not have access to school records, activities or medical records.

This type of custody is usually only preferable to the court when it is done to protect the child from certain risks presented by the non-custodial parent. These would include things like an alcohol or drug dependency or a parent who has an untreated mental disorder.

There was a time when sole custody was almost always awarded to the mother, but attitudes and tides are shifting in this regard.

Now, joint custody is the preferred option. Joint custody is an arrangement whereby both time with the child and decision-making regarding the child is shared by both parents.

Regardless of which type of custody you are hoping to be awarded, having a skilled attorney on your side is your best chance for a favorable outcome.
Continue reading

by

It may seem as if the divorce settlement reached by celebrities Tom Cruise and Katie Holmes was lightning fast, but our Indiana divorce lawyers understand that it had a lot to do with prior planning on Holmes’ part.Forming a solid divorce plan with your attorney before you ever file a single piece of paperwork or even tell your soon-to-be-ex isn’t sneaky – it’s smart.

Plus, it may allow you to avoid becoming ensnared in a lengthy and emotionally scarring battle if you have a better grasp of your rights, what you need to ask for and what you’re likely to get. Even for those with children, divorce needn’t be a messy or complicated affair – if you take the time to plan ahead.

By the time Holmes had filed for divorce late last month, she had already hired three, high-profile family law attorneys in different states. The divorce settlement was reached just 11 days after she filed. But that doesn’t mean it took only 11 days of work.

The details of that agreement have been kept confidential.

Fast settlement agreements, like the one reached by Holmes and Cruise, are often best-suited for couples who can agree on most of the major points. In general, we may see a shift in divorce cases, with couples more leaning toward this method, perhaps because many are children of divorce themselves, and understand how damaging an ugly, drawn-out battle can be.

Still, there is a lot you may not have considered – everything from how your taxes will be filed and who will claim dependents to how you will split your nest egg. This may be easier if you’ve kept primarily separate accounts, but there is almost always some untangling that needs to be done no matter how autonomous both parties have been throughout the marriage.

Of course, divorce cases are as varied as the marriages that spawned them, but generally speaking, quick resolutions can help you begin your new life sooner, and with no ill effect, provided planning has not been sacrificed to speed.

Once a divorce settlement is reached, there are sometimes disputes that arise with regard to that settlement, which must be resolved before a family law judge. High-profile examples of this include Supermodel Christie Brinkley and her ex-husband Peter Cook, who were battling over property in New York after their divorce settlement, when details emerged about Cook’s affair with a teenager. Actors Alec Baldwin and Kim Basinger too have returned to court multiple times to address child custody issues.

There’s no guarantee new issues won’t arise, but again, the best insulation you have against that is careful planning before you file.

Some good first steps if you’re considering a divorce include:

1. Meeting with a skilled divorce attorney.

2. Making copies of all important records and documents, including bank statements, tax returns, life insurance policies, credit card statements, mortgage documents, wills, etc.

3. Make an inventory of all your family possessions and household items – anything of value, including artwork, jewelry, furniture, appliances, vehicles, etc.

4. Have a solid grasp on your household expenses and budget and know exactly what your spouse earns. Document as much of this as possible.

5. Start saving money of your own as soon as you begin to consider a divorce. This will not only help with legal fees, it will ensure a more stable future as you embark on a life on your own.
Continue reading

by

We want to do everything we can to keep our loved ones safe. One of the best ways to do this is to frequently check the latest product recalls from the U.S. Consumer Product Safety Commission (CPSC).

Our Highland personal injury attorneys are asking all residents to take a glance at the latest recalls to help identify any dangerous products that might be in your home. Every year, thousands are injured by defective products — and hundreds of consumers are recalled by the manufacturer or the federal government. Many of these products are marketed for use by children.

Stay up to date with these recalls to help to reduce the risks of injuries.Kolcraft Strollers:

Nearly 40,000 of these products have been recalled in the U.S. and another 300 in Canada because the strollers pose serious fingertip amputation and laceration dangers. What can happen is a kid’s finger can get caught in the opening that is formed when locking and unlocking the hinge used to adjust the handlebars on the strollers. There have already been three child fingertip amputations and a number of adult injuries reported. If you have one of these strollers, you should call the company to get more information on a free repair kit. Call (800) 453-7673.

Black & Decker Coffeemakers

Nearly 160,000 Spacemaker™ 12-Cup Programmable Under-the-Cabinet Coffeemakers have been recalled by Black & Decker. What can happen is the coffee pot handle can break. When this happens, users are subject to serious cut and burn injuries. There have already been nearly 1,300 reports of the handle breaking and another 70 injury reports. If you have one of these pots, contact the company at (866) 708-7846 for a free replacement.

Downeast Concepts’ Beach Chairs:

There are nearly 15,500 folding beach chairs that are being recalled because they pose serious laceration dangers to children. The metal rivets on the chairs are exposed and can cut young ones. There have already been injuries reported to the company. If you have one of these chairs, please discontinue use and call the company for a full refund. Call (800) 343-2424.

Rigo’s Children’s Lounge Pants and Boxers:

More than 210,000 children’s Pull-On Lounge Pants and Girls Boxers have been recalled by Rigo International Inc., of Los Angeles because the clothing fails to meet the federal flammability standards for children’s sleepwear. These items pose a risk of burn injury to children. There has already been one report submitted to the company. The legs of a 9-year-old were burned in an accident. If you have any of these items, contact the company for a full refund. Call (888) 229-1292.

You’re urged to check the list of recalls from the CPSC frequently to make sure that there are no dangers lurking in your home. Share these recalls with your friends and family members to help to keep everyone safe!
Continue reading

by

Anyone who has worked through an Indiana child custody plan will tell you that there are a great deal of considerations and challenges.Those challenges can be magnified tenfold when one of the parents is actively serving in the military.

Our Indiana child custody lawyers know that when a military member is frequently on active deployments, it not only makes establishing arrangements more difficult, but it can leave the service member with few legal options when custody disputes erupt.

Now, a national legal panel that aims to make state laws more uniform is targeting child custody laws, as they relate to active military members. The Uniform Law Commission, with attorneys representing all 50 states, met recently in Tennessee to give the final rubber stamp on the Deployed Parents Custody and Visitation Act.

It’s not a law – but it could be. It’s a set of standards that states can choose to adopt in order to level the playing field for military parents and make child custody arrangements more fair. The hope is that state legislators will take action. Of course, there is always the possibility that individual states could tweak certain aspects of the proposal.

The problem, the commission says, is that child custody laws aren’t consistent from state to state when it comes to military members.

Some of examples of problems that family courts have had to contend with include determination of jurisdiction when a military member is based in another state, whether grandparents or stepparents are allowed visitation rights if the military member is on active deployment and whether the temporary visitation and custody arrangements that are in place when the military member is on leave should be made permanent once he or she is home for good.

One case that’s been cited as illustrating how troublesome these problems can be is a Navy officer whose wife was pregnant when he was deployed five years ago. The pair lived in Virginia at the time, but then during his deployment, she left him and moved to another state and reportedly refused to allow him to see his infant daughter. When he filed for custody in his home state, the judge told him he did not have jurisdiction because the officer had been given military orders to leave Virginia.

Unfortunately, a problem in a lot of state courts is a lack of understanding regarding the Servicemembers Civil Relief Act, which was passed in 2003 and suspends certain civil actions for soldiers who are deployed on active duty. While it doesn’t expressly include protections in child custody cases, there has been talk of adding that aspect to the law. A U.S. Representative from Ohio has tried for the last seven years to pass a federal measure that would bar courts from using active deployments against service members in family court.

Part of the legal guidelines drafted by the commission include the stipulation that a parent’s absence from a state due to deployment should not mean that their home state doesn’t have jurisdiction over the custody issue.
Continue reading

by

A pedestrian who was walking across U.S. 40 was killed as she walked to support life. The fatal accident happened at about 5:00 a.m. and the woman was wearing a reflective vest when she was hit in Hendricks County.

According to WISH-TV, the woman was walking in support of the Pro-Life movement. She was walking with the Crossroads group, which is venturing from San Francisco to Washington D.C.Highland accident lawyers know summer is the most dangerous time of year for all types of motor vehicle accidents in Northern Indiana, including bicycle and pedestrian accidents.

During the summer season, we see a significant increase in the number of pedestrians and bicyclists along our roads, a fact that increases everyone’s risk for an accident. As a matter of fact, the most dangerous time of the year for both pedestrians and bicyclists is between the months of May and August.

To help pedestrians to avoid accidents with motor vehicles, we’re here to offer some potentially life-saving walking tips.

Pedestrian Safety Tips:

-Don’t listen to headphones or mess with your telephone before attempting to cross the street. Distracted walking is dangerous.

-Always make eye contact with drivers before attempting to cross the road.

-Make sure that you obey traffic signs and cross at properly marked crosswalks.

-While you’re waiting to cross the street, make sure you stay behind the curb. Don’t stand on it.

-Look both ways before attempting to cross the street.

-Be extra careful when it’s raining.

-Avoid drinking and walking. Just like drinking and driving, it increases your risks for an accident.

-Wear brightly-colored clothing to make yourself more visible.

-Walk on the sidewalk whenever there is one available.

-Make your travel as predictable as possible.

Bicyclists are just as vulnerable. Bicyclists of all ages need to be careful along our roadways. A helmet should always be worn even though there is no bicycle helmet law in the state of Indiana, according to the Insurance Institute for Highway Safety (IIHS).

Bicyclists are prohibited from riding more than two abreast in Indiana except on paths or parts of roadways that are set aside for the exclusive use of bicycles. Riders are also required to have a lamp on the front of their bike that can be seen from at least 500 feet when riding a half an hour after sunset until a half an hour before sunrise. You also want to make your maneuvers as predictable as possible. When drivers can see you and know where you’re headed, your risks for an accident decrease.

Be safe out there. Summertime doesn’t have to be such a dangerous time on our roadway for travelers. Be cautious and alert to help reduce everyone’s risk of becoming a tragic summer statistic.
Continue reading

by

During this time of the year, many residents throughout the area pull out their all-terrain vehicles (ATV) to carouse the town, or for some off-road run. The weather pefect, the sun is shining and residents get to enjoy some time away from work and school.

ATV accidents can ruin an otherwise good time and can often be quite serious. In recent weeks, there have been at least three ATV accidents in Bartholomew County and elsewhere nearby. According to NECN, officials are taking these accidents as a warning and are working to raise awareness about the dangers through the summer and fall riding seasons.One of the first accidents happened near Indianapolis when a 14-year-old was riding his ATV on South County Road. When he swerved to miss a dog, his ATV flipped over and landed on top of him. The young rider was taken to Columbus Regional Hospital where he was treated for a broken leg.

Our Highland personal injury attorneys understand that a man from Scipio died last month after an ATV accident in northwest Jennings County. This rider died as a result of blunt force trauma to the head. This ATV accident happened as a result of loose gravel and asphalt on the side of the road.

Also in June, two young girls suffered from serious head injuries after they were thrown from an ATV that their father was driving. This ATV accident was a rollover as well. In both of these incidents, none of the riders were wearing a helmet or any other form of safety equipment.

Some ATV accidents can lead to injuries as minor as bruises, burns, scrapes and cuts. But each year there are riders who die or suffer life-altering brain injuries. Regardless, ATV injuries of all kinds can be minimized when the proper safety precautions are taken and safe driving habits are practiced.

Make sure that riders always wear protective equipment. Never allow a young rider to ride an ATV that’s suitable for an adult. Make sure that each rider is riding on an age-appropriate ATV. Children’s ATVs are typically slower and smaller. It’s also a wise idea to stay off of our state’s roadways and stay away from cars and trucks.

Believe it or not, ATVs are not designed to be ridden on the road. Their steering systems and brakes are designed for off-road use. In many Indiana counties it’s even illegal to ride these vehicles on roads.

According to ATVSafety.com, there were more than 315 people who died in ATV accidents across the U.S. in 2010. In addition to these fatalities, there were another 120,000 people injured.

We’re asking all riders to make sure that they’re using these vehicles safely and correctly. These accidents are avoidable with safe and smart riding practices. Be safe and enjoy!
Continue reading

by

Many might think that the summer is a time for care-free fun, vacations and sunshine. Unfortunately, we face some serious risks for accidents in Highland and throughout Northern Indiana through the long, hot summer months. Not only do we face risks for auto accidents because of the increase in traffic over the summer travel season, but we also face severe risks for heat injuries with the rising temps.Our Highland personal injury attorneys understand that many people use the summer season for those much-needed vacations. When more people hit the road, our risks for accidents skyrocket. To help shift the focus back on safety, officials with the National Highway Traffic Safety Administration (NHTSA) released Cool Tips for a Safe Summer Trip.

Preparation can be your key to avoiding a potentially fatal accident.

One of the most beneficial things you can do is to avoid dangerous driving behaviors. Officials urge you to stay calm behind the wheel. With all of the traffic, we can only expect congested roadways and traffic delays. You’re asked to plan ahead for these scenarios. Leave for your destination with plenty of time to spare. You’ll also want to check weather and traffic reports so that you can plan the smoothest trip possible.

It’s also a good idea to stay focused on the road. You want to be aware of your surroundings at all times. This means keep distractions out of the driver’s seat. When operating a motor vehicle, you should never talk on a cell phone, text message, eat, drink, apply makeup, play with the radio or operate a GPS system. If you have to do any of these, you should first pull over to a safe location and stop the car. Lastly, make sure that everyone in your vehicle is wearing their seat belt during each and every car ride.

Officials are also speaking out about the dangers of the heat! Heat illnesses are extremely likely during this time of the year. Highland has been seeing temps in the mid to upper 90s.

Anyone and everyone is vulnerable in this heat. Young children, our pets and elderly residents are some of the most likely to be injured by a heat illness. Those who are facing health problems, those who abuse alcohol and drugs and those who like to exercise are also highly susceptible to these kinds of injuries. Officials with the National Safety Council (NSC) are working to make sure that everyone knows what to do in the event of heatstroke, heat exhaustion or heat cramps.

How to treat a heat injury:

-Call 9-1-1.

-Move the person to a cool place.

-Remove any excess clothing.

-Cool them as quickly as possible. You can apply cool cloths to their neck or groin.

-Give the person some water or a sports drink.
Continue reading

by

New statistics illustrate that there was a near 5 percent decrease in the number of alcohol-impaired-driving fatalities from 2009 to 2010.

Unfortunately, there was also a decrease in the total number of vehicle miles driven during this time too, illustrating that the risks are just about the same.

According to the most recent release from the National Highway Traffic Safety Administration (NHTSA), there were close to 10,250 people who were killed in alcohol-related traffic accidents in Highland and elsewhere. Experts have concluded that someone was killed in one of these accidents every 51 minutes throughout the year. What’s most alarming is that all of these fatalities could have been prevented. Drunk driving is 100 percent avoidable!Our Highland injury lawyers understand that there roughly 220 people who were killed in alcohol-related car accidents in the state of Indiana in 2010. These accidents accounted for about 30 percent of all of the traffic-related fatalities in the state for the entire year. About 195 of these people were killed in car accidents that involved a driver who was legally drunk behind the wheel, or returned a blood alcohol concentration (BAC) reading of 0.08 or higher.

In most of these accidents, it’s the intoxicated drivers who are killed, but it’s important to point out that many others are killed and injured, too. In 2010, more than 6,630 of the people who died were the drunk drivers, more than 2,870 were motor vehicle occupants and another 730 were nonoccupants. Drivers and other travelers along our roadways are asked to be careful out there and to be mindful of the driving of others. Practice your most defensive driving habits every time you’re behind the wheel to help to keep yourself out of a potentially fatal accident.

To make these matters even worse, about 1,200 people who were killed in these kinds of accidents were kids who were 14-years-old or younger.

Travelers are asked to be extremely cautious during the evening hours and during the weekends. These are the times when we typically see higher numbers of these types of accidents.

To help you to avoid one of these accidents, the Indiana Criminal Justice Institute’s Traffic Safety Division offers these safety tips:

-Plan ahead. If you’re going to be out drinking, be sure to designate a sober driver before starting your evening. Give that person your keys.

-If you’re impaired, call a taxi, use public transit or call a sober friend or family member to come get you. Keep driving out of the mix. You should never consider getting behind the wheel, no matter how little you think you’ve had.

-Stay the night at a friend or a family member’s house.

-Be sure to report any driver that you suspect is drunk to local authorities. Reporting these drivers can help to save lives.

-Always wear your seat belt. This is probably your best defense against an drunk driver.
Continue reading

by

As with nearly every other facet of our lives, technology is fast becoming an integral tool for those seeking an Indiana divorce.There are currently state-specific apps that help you calculate child support fees or figure what a divide of marital assets will look like.

However, there is absolutely no substitute for an experienced Indiana divorce lawyer. Trying to go it alone in court with your smart phone is anything but smart.

That said, these calculators can give you a good idea ahead of time of what the cost estimates will be and can help you to get organized. This is an important step in the process before you even walk out the door.

What you have to be wary of is the fact that each state has its own specific laws with regard to divorce. It’s not like tax law or immigration law, where the rules are going to be the same across the board.

In some states, you can get a fairly accurate idea of what a divorce is going to cost you in terms of legal fees and support payments, based on the length of marriage, the time it takes to sort through the affairs, the age of your children and so on.

Another, powered by Google play, purports to offer a general estimate of what your child support payments are going to be, though it is careful to say that it’s only an estimate and does not constitute actual legal advice from a professional.

An app in New Jersey allows you to do an inventory of marital assets. Sorting out who gets what can be a difficult and emotional process. It doesn’t hurt to be prepared, and if technology can help you do that, by all means, use it as a guideline and a tool. But again, make sure you consult with your attorney before you make any agreements or formalize any of it.

An app called the Divorce Journal allows you to keep digital notes regarding the divorce. Recording your thoughts and feelings can be therapeutic, allowing you to sort through the emotional turbulence and upheaval that a divorce can cause. Just be sure that those notes remain private and don’t fall into the wrong hands, as you don’t want any surprises showing up in court.

These apps can also be helpful in terms of helping you keep track of upcoming court dates, attorney appointments or any other aspect you want to be able to keep track of. Missing a hearing could be detrimental to your case, so if technology helps you stay on top of it, use it!

Some have also found certain apps helpful in divorces where physical abuse is a factor. One in particular allows you to collect photographic and audio evidence of the alleged abuse, which can be valuable not only in your divorce and child custody proceedings, but also in a criminal proceeding.

And then, once the divorce is final, some have found that communicating digitally for things such as child visitation or custody issues helps to keep the peace. When ex-spouses don’t have to actually speak to one another, sometimes that’s best for everyone.
Continue reading

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

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

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

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