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As we recently reported on our Indiana Injury And Family Lawyer Blog, students across the state are heading back to school this month and motorists need to be cautious these young ones on our roadways. A great number of children walk and bike to school, or use these forms of transportation. Motorists are asked to be extremely cautious on our roadways to avoid an accident that results in child injury in Indiana.

“The most precious thing we have as parents is our children. We want to make sure that when our children go to school…they arrive at school safely,” said Sgt. Steve Whitaker with Indiana State Police.Our Highland personal injury lawyers understand the dangers that pedestrians face on our roadways. These risks are greatly increased when the pedestrian is a young child. Young children don’t fully understand the workings, patterns and dangers of passing traffic. We ask that all motorists be extreme cautious during the school year to help keep our young ones safe.

Here are some safety tips, from the National Safety Council, for your child that is walking to school this school year:

-Remind you child to always use a sidewalk if one is available.

-If there is no sidewalk for your child to walk on, make sure that they know to always walk facing traffic.

-Remind them that they should always cross the street at an intersection or at a street corner.

-Always accompany children that are 10-years-old or younger on their walk to school.

-Make sure that your child knows to look both ways for oncoming cars before stepping into the road to cross the street.

-Make sure that they continue to look left and right as they’re crossing the road.

-Require that your child walks across the road. Never allow them to run. Running makes them more likely to trip and fall in the path of traffic.

Students that ride a bike to school need to be cautious as well. Parents are urged to talk to their young students about the following bicycle safety tips:

-Make sure your child always wears a helmet.

-Check to see if their helmet fits correctly. You should only be able to fit the width of two fingers between their eyebrows and their helmet.

-Make sure that your child is familiar with the bicycle laws in your area.

-Require that they always bike on the right side of road. Multiple bikers should always ride together in a single file-line traveling in the same direction as traffic.

-Bike riders should come to a complete stop before crossing the road.

-Bicyclists should not cross the street until they’ve received an okay from stopped motorists.

-Make sure your child is wearing brightly colored clothing so motorists are more likely to see them.

-Ride with your child if they’ll be traveling before the sun rises or after it sets.

-Make sure your child’s bike has lights and reflectors.

-Practice bike riding with your child so they’re more experienced and knowledgeable when they hit the road alone.

According to the National Highway Traffic Safety Administration, traffic accidents are the number one cause of death for children between the ages of 3 and 16. This cause of death accounts for approximately 20 percent of fatalities of young ones ages 5- to 9-years-old. Your child is most likely to be involved in an accident with a motor vehicle mid-block and within residential neighborhoods. Talk with your child and make sure they understand the importance of safe travel habits. Again, we wish everyone a safe and happy school year!
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Two recent articles that have hit the Internet look at the best time and the best way to get a divorce.

Seeking a divorce and a fresh start is often preferable to living in an unhappy marriage — regardless of the timing. It’s the job of an experienced Highland Divorce Lawyer, to shepherd a client through the process.

A Lake County Divorce doesn’t have to be an awful experience. Some are tough to handle, but if couples are interested in amicably splitting and are dedicated to avoiding contentious litigation, the process can be less painful and can allow for each side to move on.The first article deals with the timing of a divorce. There are some events that can drastically alter how a divorce in Indiana plays out.

Unstable real estate market: In a hot real estate market, a house can be a major asset that brings in a lot of money for the spouse who gets it. If selling the house in a soft market is necessary, however, it can become a liability.

A shaky economy: With credit tight and spouses having to buy cars or rent houses after a divorce, careful planning is necessary. And if people are suffering through a job loss, the situation can be all the more difficult.

Bad credit: If one spouse has bad credit, it may be in their best interests to negotiate keeping the car or staying in the house to avoid having to try to qualify for a loan to buy a car or rent an apartment, both of which require a credit report. If the split is amicable, taking six months to build the credit score may be worthwhile.

Minor children: With less combined income after a divorce (you’re both paying for rent or a mortgage now), the children can lose out. Most parents put less toward college after divorce, yet they may benefit from being able to more easily be able to qualify for student loans.

Receiving an inheritance: Most states don’t look forward, meaning an inheritance or something that is earned after the divorce is final is not on the table for splitting.

While those are all tips about the timing of a divorce, here are some ways to go through a good divorce:

  • Have you tried counseling?
  • Can you treat your ex with respect?
  • Will you put the kids’ best interests ahead of yours?
  • Can you communicate well?
  • Work to avoid the courthouse.
  • Find a problem-solving attorney.
  • Work on being mature or get therapy.
  • Can you be selfless?
  • Set goals and have a game plan.
  • Be honest and don’t play games.

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Law and Order, Perry Mason, Judd for the Defense, the Defenders, Boston Legal, The Verdict, LA Law, State of California v. O.J. Simpson, State of Florida v. Casey Anthony, United States Government v. Rod Blagojevich and every other trial, movie or television portrayal of trials have one thing in common, every witness must swear under oath to tell the truth.

Indiana Rules of Evidence Rule 603 concerns oath or affirmation and states as follow:
Rule 603. Oath or Affirmation
Before testifying, every witness shall swear or affirm to testify to the truth, the whole truth, and nothing but the truth. The mode of administering an oath or affirmation shall be such as is most consistent with, and binding upon the conscience of the person to whom the oath is administered.

The plaintiff in Raymond Flores v. Juan P. Rocha Gutierrez learned the hard way that truth and disclosure are important throughout the case and specifically when providing information to a treating physician. In that case, the plaintiff was actually fortunate enough to have obtained a default against the Defendant concerning liability, so the Plaintiff was only required to present evidence that his injuries and damages probably were caused by the actions of the defendant.

Mr. Flores had suffered a neck and back injury, previously in 1998. According to his doctor, these problems had resolved by 2001. In December of 2007. he was involved in an automobile accident which was the subject of this lawsuit. Between December of 2007 and July of 2008, he saw his treating physician two or three times and a pain management specialist. In January of 2010, he was injured at work. He next saw the doctor in March of 2010. He did not mention the injury at work, even though a workers compensation claim was pending. During the discovery process he had denied any prior back or neck injuries. On direct examination, the doctor indicated that the patient’s current back and neck problems were due to the 2007 vehicle accident.
During cross examination at trial, the physician specifically testified that the fact of a fall would be relevant to his diagnosis, that he had been unaware of Flores’s January 2010 fall when reaching his diagnosis, and that his assessment of Flores was based, at least in part, upon the patient’s representations.

In this instance, the plaintiff placed his physician in a very difficult situation as the doctor did not have all of the facts about his patient’s condition and history at the time of testifying. The jury chose to not give any damages, so although plaintiff may have suffered injury, he received absolutely nothing for his lost wages, pain and suffering, disability and medical expenses. The jury’s verdict was quite possibly due to his lack of candor in failing provide full and truthful disclosure during discovery as well as his withholding of injury information to his physician despite the fact that he had filed a workers compensation claim.

On another note, the court chose to allow photographs depicting a lack of significant property damage from the collision without any expert testimony stating whether the lack of property damage was an indication that the plaintiff was not injured. This is a terrible blow to the plaintiff’s bar and to accident victims as it is pretty common knowledge that even a sneeze can cause a disk injury under certain circumstances. There will now be an increased burden on injury victims of low impact collisions to prove their losses and to obtain compensation.
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It’s that time of the year again when students head back to school. It’s also a time when we start seeing more injuries and deaths as a result of school bus accidents in Indiana and elsewhere in the country. In an attempt to reduce the risks of potentially fatal accidents involving our big, yellow buses, the Indiana State Police has issued a number of school bus safety tips that parents are urged to review with their children.Our Highland personal injury attorneys understand that more than 25 million young students across the country ride the school bus to school every year. Unfortunately, there are a number of injuries and deaths each year because of accidents involving school transportation. It has been estimated, by the National Highway Traffic Safety Administration (NHTSA), that more than 130 people die every year as a result of traffic accidents that involve a school bus. The Administration also estimates that roughly 11,000 people are injured in these incidents.

To help keep our young bus riders safe, the Indiana State Police offers the following school bus safety tips:

-Make sure that your child can fit everything that they need to take to school with them in their backpack so there are less distractions for them while boarding the bus.

-Make sure they’re at least 5 minutes early to the bus stop so that they’re not forced to rush.

-Always make sure that young children are supervised by a responsible adult at the bus stop.

-Make sure that your child knows to wait at least 3 giant steps, or 6 feet, away from the road when waiting for the bus to arrive.

-Require that your child stays on the curb until the bus driver signals to them that it’s okay that they approach the bus.

-Tell your child that if they drop something near the bus to alert the bus driver and never to bend down and grab it. A number of accidents happen this way, when a bus driver can’t see a child near the bus.

-Make sure you’ve secured all your child’s draw strings. This way they won’t get caught on the bus’ door or handrail when getting on or off the bus.

-Remind your young student to talk quietly when they’re on the bus.

-Make sure your child knows the importance of keeping the bus’ aisles clear.

-Tell your child that they are to remain seated on the bus and to keep their hands, arms, head and other objects in the school bus’ windows at all times.

Recent analysis of statistics concluded that the people that are most likely to be injured in a school bus related accident were people that were on the bus (46%). About 41 percent of the injuries were sustained by those who were in other vehicles and the remainder of the injuries occurred to bicyclists, pedestrians and other unknown persons.

The Indiana State Police will also be conducting a number of bus safety inspections throughout the year. They conduct safety checks each fall and winter. They’re also likely to conduct spot checks and post-crash inspections to help ensure the safety of your child and the safety of other travelers throughout the entire school year.

We’d like to wish all of our young students a safe and happy school year and remind everyone to keep safety as a top priority.
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Drivers beware! August has repeatedly been ranked as the most dangerous month out of the year for motorists on our roadways. There are more fatal accidents during this month than during any other time period of the entire year, according to MSN.This is the time of the year when more and more motorist travel throughout the state to venture out on summer vacations. More traffic means an increased risk of fatal car accidents in Highland and elsewhere in Indiana. The large number of road construction projects in the state doesn’t exactly help the flow of traffic either.

Our Highland car accident attorneys understand that an increase in traffic can return fatal results on our roadway. Motorists are asked to travel with extreme caution and use their defensive driving skills to help avoid a car accident during the month of August. These accidents are often preventable with cautious and alert driving habits.

“A large proportion of crashes happen in late afternoon and early evening in general, but especially in August,” says Russ Rader, a spokesman for the Insurance Institute for Highway Safety.

The National Highway Traffic Safety Administration (NHTSA) concludes that more Americans die on our roadways in traffic accidents during the month of August than during any other month out of the year. Each year’s statistics all the way back to 1994 return the same conclusion.

If you calculate each month’s fatality rate per 100 million miles traveled, then August tops the charts with a death rate of 1.09. September follows at a close second with a death rate of 1.08 and then July with a death rate of 1.04. March is the safest month to travel in the U.S. as it has an average death rate of 0.94 per 100 million miles traveled.

According to the NHTSA, August witnessed an average of 93 motorist deaths each day in 2009. This means that someone died on our roadways every 16 minutes.

The IIHS reports that, from 2005 to 2009, 7 of the 25 deadliest days on American roadways happened during the month of August.

The following are the deaths each day of the week typically experienced during August:

-Mondays witness an average of 79 deaths.

-Tuesdays typically see about 69 deaths.

-Wednesdays experience an average of 78 deaths.

-Thursdays witness about 84 deaths.

-Friday usually see about 102 roadway deaths.

-Saturdays are the most dangerous times on our roadways as they average about 123 deaths.

-Sundays are the second most dangerous time to be on our roadways as they see about 107 deaths.

Weekends are typically when we see more alcohol-related car accidents on our roadways. To help stop this problem, Indiana State Police are setting up increased enforcement efforts to crackdown on intoxicated drivers.

A number of enforcement agencies will be participating in the statewide “Drive Sober or Get Pulled Over” campaign that is taking place now and will run through the first week of September.

“We know when impaired drivers are more likely to be on the roadways and our troopers will be out during those times,” said Lt. Jerry Williams of the Indiana State Police.

Throughout this time, law enforcement agencies will be setting up checkpoints throughout the state during the campaign to bust drunk drivers. Approximately 10,000 agencies will be participating in an attempt to make the month of August a little safer for everyone.
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As the stories of Al and Tipper Gore and Maria Shriver and Arnold Schwarzenegger have taught us, many marriages seemingly will last forever, but sadly do not.

Those couples were married 40 and 25 years, respectively, and have recently broken up. And as a Wall Street Journal article points out, breaking up later in life can leave some hurdles that newer couples don’t have to tackle.The bottom line is divorce in Highland, or anywhere for that matter, can be a trying time. There are financial matters to consider, as well as dealing with the emotional stress that can come with a break-up. But consulting with an experienced Highland Divorce Lawyer can help ease the transition from married life to single life.

A U.S. Census report released in early 2011 found that fewer first-time married couples are making their 25th, 30th and 35th wedding anniversaries, even at a time when the average life expectancy is higher than ever. Though the report doesn’t say the age of the couples when they broke up, some experts say long-married couples are calling it quits.

Being married a long time can bring up questions about property division that can be tough to tackle. That’s aside from the emotional toll a divorce can take as someone who has had a certain lifestyle for decades now must figure out a new way to live. And for those who lived comfortably together, the amount of time left to earn money or possibly seek employment to live a stable lifestyle may be running out, making the divorce settlement that much more important.

Dividing years of assets, retirement accounts and other property in order to ensure the spouse is able to survive and thrive after the divorce is final is a key element of any divorce settlement. These issues can be complex and contentious, as both sides will stake a claim to what was earned or purchased during the life of a marriage, especially one that spanned decades.

A Highland divorce lawyer’s job is the assist a client in all facets of a divorce while keeping as much emotions out of the equation as possible.

The house:

There once was a time when the spouse who got the house made out great and would give anything to have that asset, which acted like a large-scale investment. Now? Not so much. Many areas of Indiana have been hard-hit by foreclosure and the glut of foreclosures have driven down the market value of other houses.

While it’s possible that a house could be sold for a profit, it could take a year or more, as the inventory for houses is high. And while it could be sold for a profit, perhaps not as much as years ago. A spouse must decide whether he or she wants to take on that responsibility.

The retirement plans:

Aside from a house, the couple’s long-built retirement plan is likely the biggest asset, which makes dividing it difficult. Pensions, individual retirement accounts and 401(k) accounts are typically divisible if they were acquired while the couple was married.

Indiana is one of 41 equitable distribution states, which means that both spouses have the legal right to claim a share in the retirement account, but that the division will be “fair and just”. In the other nine states, the spouses are equal owners of the property.

In order to divide this property, a qualified domestic relations order will likely be necessary. It lays out the retirement plan and specifies how the plan will be divided. For instance, “non-qualified” plans include stock options and may not be subject to the same rules of a QDRO.

The family business:

If a couple has spent years building a small business, a divorce can be a critical time for a business’ survivial. If it is owned by one spouse, but the other is entitled to a share, that can make decisions that affect the business difficult.

Perhaps a “post-nuptial” agreement can determine what will happen to the business in the event of a divorce or death. This type of agreement can help the company sustain itself even if there are major changes in the owners’ lives.
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Prescription drugs are often a target of litigation for a variety of reasons. In some cases, risks relating to prescription drugs are not disclosed to the patient through the drug label so patients cannot truly make an informed decision about the drug to weigh the risks against the benefits. In these cases, a lawsuit may be appropriate if the patient experiences a serious illness when the risk becomes a reality. In other cases, the drugs are not properly manufactured which may lead to an improper dosage that may pose a risk to a patient.   There are other several reasons why a lawsuit may be brought against the manufacturer of a drug when it relates to a life threatening illness that a patient encounters after taking the drug.     So, the following tips are designed to assist in in preventing the risk of a life threatening illness from a prescription medication.

  • Ask your physician to describe the risks and benefits associated with the medications you are being prescribed.
  • View your prescription before you leave your physician’s office. If the names of the drug, dosage or directions are not legible to you, ask the physician to clarify and write it down for your own records.
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Lawsuits involving the manufacturer of Chantix surfaced appropriate two years ago when it was discovered that there was a high number of people who demonstrated hostility, violence, were at risk for suicide or committed suicide following use of the quit-smoking drug. In short, an elevated number of people using Chantix experienced one or more types of psychotic behaviors following use of the drug.

Recently, a Vermont man using Chantix murdered his mother and Chantix has been a focus in this litigation. The plaintiff’s attorneys contended that the man was under the influence of Chantix when he murdered his mother. This Vermont man is now facing seven to fifteen years in prison.

Since it was first discovered the Chantix is linked to psychotic behavior, Pfizer, the manufacturer, was required to place a black box warning on the drug label. Chantix was approved by the FDA

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Risperdal and Requipare are two medications that have caused confusion in both people dispensing the medication and those receiving the medications. Both generic and brand names, risperidone (Risperdal) and ropinirole (Requip), have sounded similarly enough that the wrong medication has been dispensed to over 200 people. In several of these cases, people had to be hospitalized. The carton label and packaging are also similar, adding to the confusion. Pharmacists may have also misinterpreted the handwriting of the physicians who prescribed the medication since the names are spelled similarly. The drug strengths, dosages and times of day requirements for taking the drug are also similar. However, the two drugs are very different, as follows:

* Risperidone (Risperdal) is an antipsychotic drug that is prescribed for the treatment of schizophrenia, bipolar disorder, and irritability associated with autistic disorder.

* Ropinirole (Requip) is a dopamine type of drug that is prescribed for the treatment of Parkinson’s disease and Restless Legs Syndrome.

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Indiana citizens no longer have the right to resist police from entering the home. Formerly, Indiana citizens had the right to not allow police officers to enter private homes if the resident indicated it was not their preference for any reason. This new case law came about after justices were faced with a decision to make in May when police officers had to respond to a domestic disturbance. Of course, in a situation, such as described, the preservation of all citizens’ rights and the protection of all citizens are the top priorities for police officers. As such, the court decided it was in the best interest of all parties to abolish the law, meaning that citizens cannot resist police entry into private homes when police officers deem entrance necessary.

In summation, it is unlawful for citizens to resist requests from police by blocking entry to places that police wish to enter. Police officers have the right to file charges against people who interfere with the proper execution of the law. Failure to cooperate with the police and violation of the law may result in a misdemeanor. In heated situations, like domestic disturbance or violence, there have been instances where people have attempted to block entry of the police not their residences. It is this type of inappropriate judgment that has caused the courts to step up to revisit the situation and adjust the law accordingly. Indiana law changes are swift when necessary.

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Highland, IN 46322
Phone: 219-836-2200
Fax: 219-836-9388

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