Native American dad’s custody case reaches U.S. Supreme Court

Family law cases can be packed with emotion. Various parties are involved, including children, and mothers, fathers, kids, adoptive parents, etc. are bound to fight passionately for what they feel is right. It is no different with a child custody case that has gained national attention.

A father of Native American heritage is fighting for child custody of his daughter who was put up for adoption by her biological mother. This scenario means that so many emotions are involved in this case: those of the biological dad, the biological mom, the child, the adoptive parents and the Cherokee Nation, too.

At the center of this child custody battle is legislation called the Indian Child Welfare Act. It was enacted in 1978 as a response to history in the U.S. of Native American children being taken from their biological parents and adopted into Caucasian families. The ICWA aims to protect parental rights and preserve Native American heritage.

Because the biological father in this high-profile family law dispute is of Cherokee descent, his child is considered the same and, therefore, her adoption is complicated. Essentially, lower courts have ruled up until this point that the Native American tribal courts have authority over the adoption process of this child. That ruling means the initial adoption of the child may not be legal.

Adoption is a blessing for many who want to grow their families in an alternative way. It is important, however, to protect the best interests of all children and to also respect the law, including the laws of Native American tribal courts.

The U.S. Supreme Court is set to hear this child custody case beginning next month. Family law professionals and, of course, families who are impacted by this adoption matter, anxiously await the court’s decision because it will lay the foundation of how such cases will be handled in all states, including Ohio, in the future.

Boyfriend posts texts from girlfriend killed in car crash

The story is heart-wrenching, but it might have an underlying message that will help prevent future, similar tragedies.

The story is of a young couple in love. They were texting each other as the young woman drove her car north of Newburgh. Unfortunately, her life ended in a car crash right after she sent her final text.

Now the Canadian man is sharing the final exchange of text messages he had with his girlfriend in hopes of helping others understand the dangers of distracted driving.

The woman was driving her car in Quebec on January 18. As she drove, she and her boyfriend sent tender messages back and forth.

She wrote to him, “I love you too and I’ll try to make you happy.”

He wrote back on his cell phone: “I have a meeting at 12:30. I would have liked to hear your beautiful voice before but…we’ll talk tonight before 6:00…good day at school bb and I kiss you all over :).”

He didn’t hear back from her.

“Is all well, my heart?” he wrote a little while later. “I’m a little worried here.”

Unfortunately, his worst fears were realized. She’d been killed in a car accident. Law enforcement officials said her cell phone use factored into the accident.

The man now asks a wrenching question on his Facebook page; one that deserves consideration from everyone who sends texts to someone who’s driving.

“How can a text message or email be more urgent than life?” he asks. “At what point does using your phone become more important than the people you love?”

The National Safety Council says up to a quarter of all motor vehicle accidents now involve texting or talking on cell phones.

“It takes two to text, so you have a responsibility not to participate in such risky behavior. It’s almost like letting a friend leave a bar drunk and get behind the wheel,” says a spokesperson with the Council.

Imagine the weight on you — for the rest of your life even after a DUI lawyer in West Palm Beach — if a text you sent to someone driving resulted in the loss of life of your loved one, or the loss of life of an innocent stranger killed in a crash caused by your text.

Campbellsport High School soccer players die in SUV crash

We have covered many teen car accidents in previous posts. Unfortunately the number of teen accidents in Wisconsin continues to be an issue and many young people lose their lives in car crashes and personal injury cases throughout Portland every year.

The most recent teen car accident happened on Saturday when nine Campbellsport High School female soccer players were involved in a crash. Authorities say that the crash happened around 3:30 a.m. on Highway 67, only a short distance from the high school. The SUV flew into a ditch and then rolled for about 200 yards. Two teens died at the scene, one died a short time later, and six others suffered personal injuries.

“There has been a lot of grieving, a lot of crying, a lot of very upset people,” the school principal said. “There’s been laughter. There’s been everything.”

The principal added that there has been an outpouring of support after this accident and that family, friends, and teachers are coming together in this time of mourning.

All of the girls involved in the crash were on the Campbellsport High School varsity and junior varsity teams. One of the girls killed was the daughter of a school soccer coach.

“These three young kids were leaders in their class,” the principal said. “They were very involved in athletics. They were very involved, popular kids that so many of our students looked up to and befriended.”

Many students and friends assembled for a vigil on Saturday night at a Catholic church near Eden. Another candlelight vigil was held in the school courtyard to honor the memory of the players.



Motorcycle fatalities’ relationship to helmet laws

Louisiana residents may have noticed a change in the number of fatal motorcycle accidents after the helmet law was repealed and then reinstated in 2004. Helmet laws have been a point of contention across the country, as each state enforces its own laws for helmet usage. Currently, 19 states require all motorcyclists to wear helmets while riding. Many additional states have helmet laws that only apply to riders under a specified age.

According to a report, “motorcyclists are about 30 times more likely to die in a traffic crash than people in passenger cars.” After Louisiana repealed its helmet law, motorcycle deaths went up by 108 percent. While it is unclear exactly how many of these deaths were directly related to helmet usage, some of these deaths could likely have been prevented if the riders were wearing helmets.

Louisiana has had mandatory helmet laws for eight years now. It is likely that this helmet law has contributed to fewer fatalities among motorcyclists. One report indicates that complete helmet laws are the only proven way to reduce motorcycle fatalities.

Unfortunately, Louisiana residents have probably also heard of many fatal motorcycle accidents in which the rider was wearing a helmet. Helmets are known to decrease fatalities, but they do not have the ability to eliminate the possibility of motorcycle fatalities.

Motorcyclists who have been injured in an accident may be able to receive compensation for medical costs incurred as a result of their injuries. If an injured motorcyclist is interested in seeking compensation for his or her injuries, consulting a legal professional may be worthwhile.



6 Safety Tips to Prevent Pool Accidents and Premises Liability

No one wants to see anyone injured in their swimming pool — especially a child. With the tragedy of an 11-month-old boy’s fatal swimming pool accident fresh in our minds, now is the time for pool owners to take active steps to reduce the possibility of drowning or injuries to children in their pools.

If you own a pool, you know how popular they are with kids. In the law of premises liability, swimming pools are considered an “attractive nuisance,” which means that the law recognizes that kids love pools and often use them uninvited. If you own a pool, you could be held liable for negligence if a guest is injured in your pool — or for injuries to children you didn’t even know were there.

To prevent tragedy and premises liability claims and needing a Pompano Beach personal injury lawyer, follow these six good pool safety tips from the U.S. Consumer Product Safety Commission:

  1. Install a fence between the water and the living area of your home.It’s not enough to put a fence around your back yard — you need to keep unsupervised kids from entering the pool from inside your home. Climb-resistant fences are available that are and have self-closing, self-latching gates with the latch out of a child’s reach.
  2. Keep kids and pets from falling into the swimming pool:
  • When it’s not in use, keep your pool covered with a pool safety net or a permanent pool cover.Choose your pool cover carefully — kids are often tempted to walk on them and can be trapped beneath if the cover should collapse.
  • Install an audible splash alarmas a backup, but not primary, safety feature.
  • Don’t leave toys in a swimming pool.Kids often fall into pools when trying to reach for toys.
  • Remove the ladder to an above-ground pool during winter.
  1. Make sure you have good safety equipment close at hand.At the very least, you need a rescue-grade floatation device and a fully stocked first aid kit. Post the address of the pool near the pool for reference if someone needs to call 911. If you don’t have an outdoor phone, always bring your cell phone with you to the pool.
  2. Bring your pool drains up to date on safety.Kids can be trapped by drain suction, so be sure to install anti-entrapment drain covers. Even safer are safety vacuum release systems, which shut off the pump if blockage is detected.
  3. Remember that swallowing pool water can make you and your kids sick.According to the Centers for Disease Control, gastrointestinal illness from swallowing pool water has been rising dramatically in recent years. Some types of parasites can live in chlorinated water for days.
  4. Keep a sharp eye out, and learn CPR.77 percent of submersion injuries to children occur in five minutes or less. Unfortunately, drowning also takes mere minutes and can be completely silent. Even if your kids know how to swim or are using floatation devices, don’t just assume they’re safe — a swimming pool is not a good place for unsupervised kids.



May is Motorcycle Safety Awareness Month

The month of May is designated as Motorcycle Safety Awareness Month. The NHTSA wants to use the month of May to get across the message that safer motorcycle riding and sharing the roads properly with motorcycles will prevent motorcycle accidents all year round.

Even though people can ride motorcycles year round usually in California, the use of motorcycles around the country goes up in the spring months when people are excited to get their motorcycles back out on the open road.

The fact that motorcyclists are exposed to the open air is one of the draws of riding a motorcycle — the feel of freedom. This fact, however, also means that a motorcyclist is exposed to more dangers than a motorist who is protected by the metal of a car and its many safety features, such as air bags. A motorcyclist has nothing to defend him or herself besides the gear they wear and their riding skills.

The NHTSA website contains a wealth of information on safe motorcycle riding practices. The NHTSA offers information on how to find the right helmet for you as well as how to spot a helmet that is unsafe and does not meet federal safety standards. Helmets that meet federal standards will not interfere with hearing or vision and will protect you from brain injury. Check the website or consult with an Ohio accident attorney for more information. Ride safe!



Pool Cleaning Truck Accident Spills Chlorine, Snarls Traffic

An October 22 multi-vehicle truck accident on I-595 near Davie was quickly followed by another multi-car accident, when drivers veered and swerved in a vain attempt to avoid the first crash, according to the Florida Highway Patrol. The resulting mess ended with a chlorine spill, five drivers being ticketed and three hours of snarled traffic.

According to Sergeant Mark Wysocky, a spokesperson for the FHP, the first wreck occurred before 8 a.m. on Friday, just as rush hour was beginning. Three vehicles, one of them a pool-cleaning truck filled with at least 30 gallons of chlorine, collided on the westbound side of I-595 between South Pine Island Road and Nob Hill Road in Broward County.
Just after the initial truck accident, five other vehicles crashed as they tried to avoid the mess. No serious injuries were reported in either pileup.

The pool-cleaning truck accident required the FHP to close the westbound lanes of I-595 for nearly three hours in order to allow a Broward Sheriff Fire Rescue hazardous materials crew to clean up the chlorine and other acidic pool chemicals that poured from the pool maintenance truck.

Westbound rush-hour drivers were forced to detour onto South Pine Island Road. “Rubberneckers” on the other side of the Interstate caused eastbound traffic to experience significant delays, as well. Normal traffic was reportedly restored by approximately 10:40 a.m.

The driver of the pool-cleaning truck was cited with failure to use due care, leading to the initial truck accident, said Wysocky. Four of the drivers involved in the second multi-car pileup were also ticketed for failure to use due care and others may have needed the use of a Lauderdale Lakes car accident lawyer.

Accident Attorneys for the State of Florida

Our accidental injury lawyers in Florida realize that after an accident the victim’s injuries can charge greater than merely the trouble of the immediate physical injuries. Today, you can find few incidents (or types of incidents) our lawyers have not presently represented in an individual injury claim. Speak to one-of our attorneys about the details of your crash before you make an effort to assess a dollar amount for that arrangement of any injury or death state. Contact our office for a no cost, no obligation personal injury appointment.

With extensive experience being an injury law firm, we have manifested incident victims with different degrees of injury from soft tissue (or “whiplash”) injuries to disastrous paralysis from significant brain and spinal injuries. That’s why former nurses are included by our staff and exactly why we installed an in-house medical collection for the team. Excellent accidental injury attorneys comprehend injuries from your rigorous physical standpoint together with the survivors emotional or financial future’s long-term snapshot. To get our buyer’s situation, we preserve the professional companies of top health professionals due to their examination in wrongful death cases and injury.

Are you aware that nonphysical effect of your particular problems, we employ non-doctors including economists who can determine an accident victim’s fiscal cutbacks, or even a vocational rehabilitation pro who will determine the expenses and impression of occupational retraining. The availability of the potential for your future profits as well as new jobs for the reason that profession discipline may also be within the overall quantity of your situation when the accidents you received within the crash force you to educate to get a unique career function.

Getting Hit by a Truck in Texas and What to Do Next

Rearend Crashes

Rearend collisions are one of many most typical types of crashes. If you are hit by a car from behind, it’s going to hardly ever be your problem, even though you were halted. One essential driving concept is the fact that you’re supposed to depart enough space in front of your car once the automobile before you stops instantly to avoid. In the event the driver behind you mightnot stop, he or she probably was not operating safely.

The front-end of another car is broken and when the rear-end of one car is damaged, there in fact isn’t much to fight about who hit who. However the driver who struck you could have a claim against the car behind him that shoved against him into your car or a 3rd party driver that caused you to halt abruptly. This doesn’t affect his or her responsibility to your vehicle for the injury.

You may also be somewhat at fault if your negligence brought to the crash although another driver was likely at fault. Like, in case your brake lights were out or you’d a flat tire and decided to remain in the road’s center, it’s also possible to bear some comparative neglect that’ll reduce your monetary payment.

Left- Crashes

Equally, left incidents are nearly always the mistake of the driver acquiring the left turn. Vehicles coming straight to an intersection could have the right of way generally, generating the automobile turning quit accountable for the accident. When the vehicle runs a light that is red or going straight through the intersection is racing, this might move all the responsibility or some away from the vehicle turning. Rarely, when the auto began rotating left although it was safe to do this, but was compelled to prevent due to some unforeseen circumstance, then some of the obligation maybe changed.

Getting Support

Although slight fender benders typically may be fixed by just changing insurance data, also small crashes may result in serious accidents. Have a skilled damage attorney review your claim-free of cost, in case you have been wounded in an auto accident. Several Texas truck accident lawyers will delay until you have resolved your case to collect their fees in case you have a valid claim.

A Divorce in Columbus

The legal complications of a divorce can be overwhelming. The demand for a shared parenting plan, establishing appropriate rates of spousal and child assistance, and equitably dividing the home are merely the tip of the iceberg.

She wants you to get the information that you need to your contested or uncontested divorce. She notifies you every choice, of every option, every course of action that can assist you to make knowledgeable choices about your future. At your initial consultation, you’ll be able to discuss your divorce and the best way to go about it in a logical, manner that is dignified.

Our divorce attorneys in Columbus Have Served Families Just Like Yours for More Than 20 Years

Over her two decades of experience, we have successfully assisted her customers having an extensive selection of divorce-related problems such as:

Marriage Dissolution
Child Visitation & Custody
Child Support
Spousal Support (Alimony)
Choices to Disputed Divorce
Within those practice areas, she is able to give timely advice on matters including parental move, step-parent adoption and modification of support or custody orders. She looks forward to getting to know you and listening carefully to your concerns and goals.

Blunt, Private, Compassionate Counsel

Weekend and evening appointments are available.