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Seven people, including an infant, were killed in a recent Indiana car accident. It all happened when a semi-truck slammed into the back of a family’s minivan. Ten people were in that van and were all believed to have been related, according to FOX News.According to state police Sgt. Trent Smith, none of the occupants of the van were wearing a seat belt at the time of the accident. The crash happened just 10 miles east of South Bend on the Indiana Toll Road between Bristol and Middlebury.

Our Highland car accident attorneys understand the dangers of traffic accidents that involve a semi-truck or other large vehicle. The weight and size of these vehicles can produce serious and deadly results on those who are in passenger vehicles. Investigators believe that this accident happened as the van either slowed or stopped because of an unrelated accident. When the family slowed or stopped the van, the semi slammed into them at nearly 70 miles per hour. Investigators are still looking to the exact cause.

This is another unfortunate example as to why we continuously urge motorists to be extremely cautious when driving on roadways with semis, especially during the holiday season, when traffic is expected to increase.

Officers report that not even the infant was buckled in at the time of the accident.

Investigators report that the minivan had license plates from Illinois. Family members from the Chicago area are coming to the area to help to identify the victims.

The preliminary investigation concluded that the driver of the semi had not been under the influence of drugs or alcohol during the accident. He was not seriously injured.

In the accident, the infant, the infant’s mother, an 8-year-old boy, a 15-year-old boy, his father, and 8-year-old girl and her mother were killed. All were pronounced dead at the scene. Two who were injured were taken with the semi driver to the Elkhart General Hospital.

The accident ended up blocking the toll road for several hours.

Motorists should be extra careful for large trucks when traveling along interstate roadways.

Motorist tips from the Federal Motor Carrier Safety Administration:

-Never cut in front of a semi. Large vehicles take longer to stop than our passenger vehicles.

-Always wear a seat belt. These may be your best defense against injury or death in the event of a serious accident.

-Stay out of a truck’s blind spots. These are areas around the truck that a driver cannot see by using its mirrors. Remember that if you can’t see a truck driver, then they can’t see you.

-Never turn in between a semi and a curb. These trucks take wide turn and can squeeze you into these areas.

-Never follow too closely.

-Always drive defensively. Nearly 70 percent of all fatal accidents are caused by aggressive driving behaviors.
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Managing money after divorce is often challenging for both spouses, but women may have a tougher time and be at higher risk for financial problems, according to Reuters News.

Munster divorce lawyers can help minimize those risks. We can assist clients with avoiding common pitfalls. And we can fight to ensure that an Indiana divorce settlement — including property division, child support and alimony — is in a client’s best interest.Often both parties to a divorce underestimate the financial impact of reducing household income by 50 percent while doubling expenses, including the expense of running two residences.

An experienced Indiana family law attorney will understand the challenges and can often assist with solutions. An experienced divorce lawyer is money well spent and can be vital when it comes to ensuring a fair and equitable separation. Parties who treat legal fees as an expense to be minimized may find themselves far worse off than had they invested in capable legal counsel.

Reuters reports a new study by the University of Virginia’s National Marriage Project found that divorce rates are again on the rise as the economy recovers. Rates had fallen as much as 57 percent in 2009 in response to the economic downturn as couples stayed together to weather the financial storm.

Meanwhile, divorce settlements have become much more complex since 2008 — largely due to couples dealing with bad real estate debt. In many cases, relocation has also impacted child custody cases.

“Three of the top five causes for divorce are often financial: job loss, housing problems and credit card debt,” says Chris Bixby, a senior financial planner and vice president with Key Private Bank. Credit card debt is often a risk divorcing women fall prey to, according to the experts.

Nine out of 10 women will become responsible for their own finances at some point — typically due to death or divorce. Far too many are not prepared with the financial knowledge that can help protect their future. In some cases, they may fall prey to outright scams. In other cases, financial illiteracy may otherwise threaten their future financial well-being.

Seeking the advice of a Munster family law attorney with extensive experience in financial planning can help protect your rights, your future and your family. Without proper planning, a spouse can be left without the resources necessary to build a brighter future. And that’s something all the financial planning in the world may not correct.

Historically, a house has been a couple’s biggest asset. Not so since the collapse of the real estate market. Whether the marital home is an asset or liability depends on many factors, including the property’s current market value. Retirement funds are another critical piece of any divorce settlement.
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“A pension plan for the less successful spouse,” is what the Huffington Post called alimony payments in Indiana.

Alimony in Indiana can be a critical component of any divorce settlement. Together with child support and property division, alimony can determine the future quality of life for both parties for years to come. One of the impacts of the recession is a renewed effort to limit alimony payments, particularly once a spouse reaches the age of retirement.William Quigley, who describes himself as venture capitalist, views the perceived inequity from a largely male perspective. A mother and wife may well have raised children while forgoing a career or advanced degree. She may have worked while the husband earned an advanced degree with more earning power. Make no mistake about it: Divorce is a major destroyer of wealth and one of the primary risks for poverty — particularly among older women.

Alimony can be a lifeline. Typically awarded for up to half the length of marriages lasting less than 10 years, alimony may be awarded indefinitely upon the termination of long-term marriages. For a former husband, unreasonable alimony can have a dramatically negative impact on his future quality of life. As in any divorce, an experienced Munster divorce lawyer must be called in to deal with the specific issues that come up in spousal splits, including alimony.

Quigley’s perspective aside, he goes on to suggest a marriage disclosure statement that sheds light on the legal burden each spouse inherits when tying the knot:

-You are entering into a legally binding contract.

-You are agreeing to assume debts acquired by your spouse during the marriage.

-You may be required to pay money to your spouse in the form of alimony in the event of divorce.

-You may face garnishment of wages or other state enforcement action to collect monies owed.

-Spousal support may be ordered for life, even if your spouse chooses divorce. Such payment could exceed 50 percent of your income and could increase if you remarry.

-Legal obligations of spousal support are not negated by spousal conduct, including infidelity.

Certainly, a premarital agreement may address some of these issues. And the letter of the law does not take into consideration how an experienced Northwest Indiana divorce attorney can improve your legal standing. But this look at the obligations you assume as part of a marriage should at least provide pause for those who are facing divorce without an experienced legal advocate at their side.

Make no mistake about it: Futures are routinely decided via property division and child support and alimony awards. Knowing the advantages, disadvantages and tax implications of each is vital to understanding what’s in the best interest of your client.
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Halloween is right around the corner and kids across the state are gearing up for some serious trick-or-treating. Haunted houses are spooking neighborhoods, witches are flying though treetops and jack-o-lanterns are lighting up the late-night sky. During this time of year, your child faces some of the most haunting risks for child injury in Highland and elsewhere throughout the state.Our Indiana personal injury attorneys ask that all ghosts and goblins be extra careful on the 31st, whether trick-or-treating around the neighborhood, attending a Halloween party or venturing through a haunted house. Dangers lurk around everyone corner and serious injury could result if we’re not careful. To help keep little monsters and rock stars safe this Halloween, we’d like to share a few simple safety tips that can help to keep everyone safe.

Southern Indiana Pediatrics offers these safety tips for safe Halloween fun:

Costumes

-Consider face paint instead of a mask for your child’s costume. Masks can obstruct your child’s vision and can present serious danger when trick-or-treating.

-Make sure your child’s costume is flame-resistant and the face makeup is non-toxic and hypoallergenic.

-Suit your little goblins up in comfortable shoes. Also make sure that their costumes fit appropriately so they’re not prone to trip and fall.

-Be sure that all children who trick-or-treat after the sun sets have reflective tape on their costumes or are carrying a flashlight.

Pumpkin Carving

-Never let a small child carve a pumpkin. Let your child draw on a customized pumpkin-face design with a permanent marker. Children ages 5 to 10 should be allowed to carve pumpkins only if they have special pumpkin cutters that come equipped with safety bars.

-When you can’t use artificial light, it’s best to use a votive candle in a pumpkin.

-Make sure that all lighted pumpkins are placed on a sturdy surface. They shouldn’t be set near curtains or other flammable objects.

-Never leave a candle-lit pumpkin unattended.

Sweet Treats

-Consider handing out healthy treats or other non-food items like spider rings, pencils, stickers or bubbles.

-Never allow your child to snack on candy while trick-or-treating. Make sure they’re fed before they head out hunting for treats.

-Parents should examine all candy before handing any over to children. Remove any items that have been opened or tampered with.

-Remove all choking hazards from your child’s treat bag. This includes peanuts, gum, small toys and hard candies.

Halloween at Home

-Make sure that your house is kid-proof for trick-or-treaters. Remove all trip hazards from your driveway, sidewalk and front door.

-Make sure that all exterior lights are working.

-Make sure that walking surfaces are dry and are clear of leaves and other yard debris.

For information on Halloween events in Indiana, visit the Muncie Free Press website.

Halloween is for every one of all ages. Remember to keep these safety tips in mind to help prevent injuries. Maybe it you’re nice to your little trick-or-treater, he or she will share some of the sweets with you. Happy Halloween!
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When it comes to distracted driving, we drivers may be our own worst enemies. That’s because as drivers continue to voice support for anti-distracted driving legislation, many people continue to talk on their cellphone or send text messages while driving. According to JC Online, Indiana state laws prohibit drivers from texting while driving, but that’s not stopping everyone, especially teen drivers.It’s no surprise that teen drivers are more likely to be involved in a car accident in Highland than any other age group of drivers. But did you know that teenagers face the highest risk for an accident during the first six months of unsupervised driving? This is exactly what a recently released study from the AAA Foundation for Traffic Safety tells us.

Our Indianapolis car accident attorneys understand the risks that newly-licensed drivers face on our roadways. In Indiana, all drivers are prohibited from text messaging behind the wheel, and drivers under the age of 19 are prohibited from using a cellphone while driving, according to the Governors Highway Safety Association. That’s not enough to keep our young drivers safe though. Young drivers require much practice, guidance and supervision to ensure that their driving skills are on the right path. Parents are urged to stay involved in their teen’s driving career long after they’ve received an unrestricted license.

According to the recent AAA study, teens are about 50 percent more likely to get into an accident during the first 30 days of unrestricted driving than they are during the first full year of this type of driving. They are also about twice as likely to get into an accident during the first 30 days as during two-full years of unrestricted driving.

For the study, AAA installed cameras into the vehicles of teen drivers in North Carolina and followed their every move on our roadways.

Three common mistakes made by these young drivers were:

-Speeding.

-Driver inattention.

-Failing to yield.

These three causes accounted for nearly 60 percent of all accidents in which these teens were determined to be at least partially at fault during their first 30 days of unrestricted driving. Researchers found that their risks for accidents significantly decreased as they gained more driving experience.

“We know that young drivers’ crash rates decrease quickly as they gain experience,” said AAA Foundation President and CEO Peter Kissinger.

The study also concluded that there were many close-call scenarios that were caused by simple driver mistakes, including running red lights, texting while driving, horseplay with other passengers, and other dangerous, distracting behaviors.

Parents are urged to keep an eye on their teen’s driving skills long after they’ve graduated to an unrestricted license. Parents are some of the most influential people to a teen’s driving habits. Teaching a teen safe road habits can lead to a lifetime of good decisions behind the wheel. Make sure to set ground rules, create a parent-teen driving contract and discuss consequences for breaking safe driving rules.
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The topic of distracted driving-related car accidents in Indiana has been a common topic of discussion in recent years. Both the AAA Foundation for Traffic Safety and the Ball State Office of Health Education has been working diligently to spread the word about the dangers and the consequences of driver distractions, according to BSU Daily News.Both organizations have been asking residents to sign a pledge to get drivers to curb distractions while driving. AAA and the Ball State groups push the “Heads-Up Driving Week,” which takes place from October 2nd through the 8th. Recently the Ball State Office of Health Education set up a location in the Atrium for students to sign the “distracted driving pledge” as a part of the “Plz Dnt Txt N Drive” campaign. AAA is asking drivers across the state to do the same. The “Heads-Up Driving Week” asks that motorists across the nation sign a pledge to put away all driver distractions for the entire week.

Our Highland car accident attorneys understand how many innocent motorists’ lives are taken because of distracted driving-related traffic accidents. In 2009, there were approximately 5,500 lives lost on our roadways because of these accidents. The good news is that these accidents are completely preventable. All we need is participation from drivers of all ages in the state.

“We are trying to raise awareness about the dangers of distracted driving and the Indiana state law that went into effect in July,” said Julie Sturek, from Ball State Office of Health Education.

The Indiana law Sturek refers to bans all drivers from using a cell phone while driving. Unfortunately, the distractions don’t stop with cell phone use. Distractions can include smoking, eating, pressing the buttons on the radio, other passengers and “rubbernecking,” whereby drivers slow down to look at vehicle accidents.

Distracted driving facts, according to Ball State Office of Health Education:

-Approximately 20 percent of traffic accidents that resulted in injury in 2009 reported the involvement of a distracted driver.

-Cell phone-using drivers are roughly four times more likely to be involved in a serious car accident.

-The use of a cell phone by a driver gives him or her the same slow reaction time as a driver who is legally drunk (with a blood alcohol concentration of .08).

-Drivers who text at the wheel are six times more likely to be involved in a traffic accident than a driver who is driving while impaired by alcohol.

-Cell phone-related distractions reduce brain activity by nearly 40 percent.

We’re asking all drivers to take the “Heads-Up Driving Week” pledge and agree to curb all distractions for just a week. Distraction-related accidents are completely preventable. The first step in making our roadways safer is making a change within us. Take the pledge and urge your friends and family members to participate.
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October 5th is International Walk to School Day. This week, various schools across the state will be participating in and coordinating a number of events to help reduce the risks of pedestrian accidents in Indiana.

Back in 2005, legislation was passed to provide funding to individuals states to help create pedestrian-friendly roadways. Politicians around the county understand the importance of safe routes to school for our school-aged pedestrians. Unfortunately, less than 2 percent of road spending is done with pedestrian safety in mind. Events like this help to shine light on these issues and to attract government attention. More importantly, they help remind parents of the risks.Our Lansing pedestrian accident attorneys understand the need for safe routes to school for our children. According to the National Highway Traffic Safety Administration, there were more than 1,300 young pedestrians aged 14-years-old and younger who were killed because of traffic-related accidents in the U. S. in 2009. There were another 179,000 young pedestrians injured in these types of accidents during the same year.

Indianapolis schools participating in the festivities:

–Crestview Elementary: This school is coordinating a Walk to School with the Principal Event. This area has no continuous crosswalks or sidewalks. School officials are hoping to shine light on the need for crosswalks, trails and sidewalks in the area to help keep students who walk to school safe on our dangerous roadways.

–Center for Inquiry, IPS School 84: This school participates in a number of walk-related activities throughout the year. It’s expecting a 60 percent participation rate this year.

–St. Thomas Aquinas: This is the third year of participation for this school. Parents, partners and volunteers all join together to help raise awareness during this time.

The International Walk to School Day started back in 1997. By 2002, there were approximately 3 million walkers across the globe who participated in the event. The organization pushes the event every year to help create healthier habits in children, to improve our roadways and to campaign for cleaner air.

Indiana Safe Routes to School Program is a year-long program that works the same initiatives as International Walk to School Day, according to the Indiana Department of Transportation (INDOT).

INDOT claims responsibility for looking over the Safe Routes to School Program. The DOT works with the program using federal funds to create safe-pedestrian initiatives.

According to the program, if the same number of kids who walked to school today was the same as the number of kids who walked to school in 1969, our country could cut more than 3 billion vehicles miles traveled every year. We would also be able to cut nearly 2 million tons of CO2 and nearly 90,000 tons of other pollutants from our air.

These eliminations would be just like taking 250,000 vehicles off of our roadways for one year. Aside from the benefits that our planet would experience from more walking, residents will benefit as well. Walking promotes a healthier lifestyle. With more pedestrians, there would be fewer vehicles and less traffic-related pedestrian accidents. Until that time comes, we all need to work together to stay safe on our roadways.
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U.S. Census Data collected in 2010 shows large increases in the number of single fathers as head of U.S. households.

Fathers Rights are an issue of great importance. As a veteran child custody attorney in Highland, Burton Padove understands how important it is for a father not to be pushed to the weekends when parents divorce.Over the past decade, there has been a real shift toward a presumption that both parents should share parenting duties and custody, to the greatest extent possible. That fathers should remain a dynamic presence in a child’s life — not relegated to very other weekend visitation. Or summers and holidays.

The 2010 Census shows the number of men heading households shot up by more than 27 percent in the last decade.

Single dads now account for 8 percent of all U.S. households — up from 6.3 percent in 2000 and little more than 1 percent in 1950.

In 1973, Indiana became the first state to pass a law declaring no parent should be favored for child custody based on gender. Since then, most states have followed suit in ending any presumption that child custody should be awarded to the mother. Oregon has gone so far as to pass a law that presumes joint custody will be awarded. Alabama recently began debating similar legislation.

“It’s time for us to stop assuming that single parents are always women,” said Andrew Cherlin, a professor of sociology and public policy at Johns Hopkins University in Baltimore. “There is a visible presence now of single men caring for their kids. We didn’t see that a few decades ago.”

Indiana’s parenting time guidelines presume it’s in a child’s best interest to have frequent, meaningful and continuing contact with each parent. A child custody agreement will set out which parent or parents can make substantial decisions on behalf of a child, including those involving education or health care.

Other factors the court may consider in determining the “best interests” of a child include:

-A child’s preference, depending on age.

-A parents health, habits and lifestyle.

-Abuse or neglect risks.

-Parents ability to provide for the daily needs of a child.

-Continuity of child’s life, including schooling and community and social activities.

Move away custody issues is another area of family law in Indiana that has attorneys fighting on behalf of the rights of a noncustodial parent. A parent desiring to move away must provide a Notice to Move and a proposed parenting plan.

The other parent has the right to object, in which case a hearing will be set to establish what is in the “best interests” of a child. The non-custodial parent may also obtain a restraining order, which legally prevents the move until such a hearing can be held.
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From 2000 to 2009, there were nearly 1,000 fatalities resulting from traffic-related pedestrian accidents in Indiana, according to Transportation for America. These accidents cost the state nearly $3 billion. Our state ranks 25th out of the 50 states for pedestrian danger. We surely aren’t the worst, but we surely aren’t the best.According to a recent study that was conducted by the AAA Foundation for Traffic Safety the relationship between a pedestrian’s risk of death and the speed of the vehicle upon impact is directly correlated. This topic has been studied extensively, but had not been revisited in recent years. Older studies lack relevancy when compared to today’s cars, technological advancements and modern street designs.

Our Highland pedestrian accident attorneys understand that bicycle and pedestrian accidents commonly result in serious or fatal injuries. Before concluding the study, AAA comprised a list of recommendations that local, state and federal transportation officials should consider to help make our roadways safer for pedestrians and all other travelers.

“It’s time for a healthy reminder that Indiana’s sidewalk and trail network is also expanding to serve a demand for non-motorized modes of transportation and recreation,” said Indiana Department of Transportation (INDOT) Commissioner Michael B. Cline.

The AAA Foundation reports that there were about 4,000 pedestrians who were fatally injured on U.S. roadways because of motor-vehicle-related accidents in 2009. Another 59,000 were injured in these types of incidents. Through the study of pedestrian accident data, the Foundation has determined that the speed of the involved vehicle was a top contributor in these accidents. Faster accidents more often resulted in serious or fatal injuries to accident victims.

According to the study, a pedestrian faces a 10 percent risk of injury when hit by a vehicle that is traveling just 16 mph. Pedestrians face a 25 percent risk at 23 mph, a 50 percent risk at 31 mph, a 75 percent at 39 mph and a 90 percent risk at 46 mph.

The risks increase just the same when calculating the risk of death. A pedestrian faces a 10 percent risk of death when hit by a vehicle that is traveling at just 23 mph, a 25 percent risk at a speed of 32 mph, a 50 percent risk of death at 42 mph, a 75 percent risk at 50 mph and a 90 percent risk when a vehicle strikes at 58 mph.

Indiana transportation officials continue to move forward with new plans for a Bicycle and Pedestrian Program that is aimed at increasing the safety of our pedestrians and cyclists.

Bicycle and pedestrian plans have recently been approved for the following communities:

-Fort Wayne
-Northwestern Indiana
-The South Bend-Elkhart area
-Muncie
-Indianapolis/Marion County
-Hamilton County, Bloomington
-Lafayette
-Anderson
-Goshen
-The urban portions of Clark and Floyd Counties
-Terre Haute,

-Madison
-Zionsville
-Kokomo
The AAA Foundation summed up its report with a number of safety measures that federal, state and local governments can look at to help reduce the risks of pedestrian accidents.

One of the first recommendations included reducing speed limits. Speed limits should be reduced in areas where a large pedestrian population tends to travel. In areas where fast-traveling traffic is a necessity, officials are encouraged to create a physical separation to keep pedestrians and motor-vehicle traffic separated from one another. The study also reaches out to car manufacturers, urging them to find ways to create smarter in-car technology that has the capability of detecting pedestrians who may be dangerously close to the vehicle and either alerting the driver or automatically rerouting the car itself.
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Massachusetts has signed into law a sweeping overhaul and limits on alimony payments, The New York Times reports.

In Indiana, assisting a client in alimony and child support matters is one of the primary responsibilities of a Highland divorce attorney. The two are not interchangeable and have different tax implications. A judge may award support based on the length of the marriage, the earnings power of one or both spouses, parental responsibilities or any number of other factors.Child support and alimony laws in Indiana is complex. And an alimony award may influence a property distribution. In cases in which spouses cannot agree on alimony, the court will decide the issue based on a number of factors.

-Physical or mental disabilities that may preclude one spouse from working.

-Whether the spouse lacks sufficient property to provide for his or her needs.

-A spouse is the custodian of a child whose needs require the custodian to forgo employment.

-Education level of each spouse.

-Whether the interruption of a spouse’s education occurred because of duties at home, including child care.

-Earnings capacity of each spouse. As well as training, skills and employability.

-Time required to acquire such skills or education.

In Massachusetts, the previous system permitted lifelong alimony payments after both short and long-term marriages. Most states limit alimony in short-term situations. Massachusetts law often required payments to continue long after a spouse retired or the receiving spouse moved in with a new partner. The new law permits most payments to stop upon retirement and sets limits based on length of marriage.

Under the new law, a marriage of five years or less may require alimony payments for half the length of the marriage. Long-term marriages of 15 or 20 years could require payments for up to 80 percent of the length of the marriage. Indiana spousal support laws permits a judge to award alimony temporarily or on a short-term or long-term basis.

The Wall Street Journal reports the law still permits judge’s to order indefinite alimony for long-term marriages. It also permits “reimbursement alimony” in cases where, for example, one spouse put another spouse through school.

Earlier this month, the Tennessee Supreme Court ruled lifetime alimony is inappropriate provided a woman is in reasonable health, has a decent job and was fairly treated during the division of marital assets.

Alimony has become a hot-button topic, particularly during the economic downturn. Studies suggest men have been harder hit than woman by unemployment and stiff alimony payments can quickly lead to financial ruin. Fighting for fair alimony is best done from the start of a case. Hiring an experienced Indiana family law attorney, and fighting for fair payments from the start, is much easier than attempting to have alimony payments reduced once an award has been granted.
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