An article in The Northwest Indiana Times of Jan. 8, 2012, noted that such violations were serious enough to remove trucks from service and risked the lives of both travelers and truck drivers. Much of the data was collected through random checks at truck weigh stations from 2003 to 2008 and “only scratch the surface of the safety problem,” said Scott Fleming, supervisor of the state police inspectors.

12,931 braking violations were found, which critically impact stopping distances, said Fleming. According to the National Safety Council’s Defensive Driving Course for Professional Truck Drivers, a fully-loaded 80,000-pound truck traveling 65 miles per hour requires at least 525 feet to stop safely, which is 66 percent more distance than most automobiles, which require about 316 feet when traveling at 65 miles per hour to stop safely. So, if the truck is overweight or has faulty brakes or both, the danger is clear.

Driver fatigue was another chilling violation. Heavy-truck operators are required by federal law to keep complete logbooks that record hours worked and all breaks. Federal regulations limit heavy-truck drivers to 11 hours of continuous driving within a 24-hour period before they must take a 10-hour break. The heavy-truck inspectors noted 10,376 violations related to missing or faulty driver lo books or drivers who went over the federal standard for consecutive hours without a break. There were more 1,400 violations in Northwest Indiana recorded over six years for truckers operating rigs beyond the 11-hour limit.

The study raised the question of how typical such numbers are across the United States. Trucking cases and litigation nationwide indicate such problems are not unique to Indiana. However, most states do not have the money or manpower to enforce federal or state trucking safety regulations to protect public and driver safety. It is therefore incumbent upon interstate commercial trucking companies to ensure their trucks are properly serviced and maintained, and that drivers are qualified and follow all safety procedures and Federal Motor Carrier Safety Regulations. However, in an effort to hold down expenses, many companies do not follow the rules even some of the time.

David Anderson, 33, of Brownsburg, Ind., was one of two workers assisting the excavator driver in placing the barriers when the excavator backed into him and pinned him against a barrier. Anderson died at the scene.

“It was just an unfortunate accident,” said Ray Poole of the Indiana State Police. No criminal charges are expected, but the Indiana State Police will be reconstructing the accident. No weather or highway traffic was involved. However, the Indiana Department of Transportation is using the accident to caution drivers going through a construction zone. Safe practices include:

• Staying alert and watching for reduced speed limits and other work zone signs along with narrow lanes and highway construction workers.
• Start merging gradually as soon as you see the sign directions to maintain a smooth traffic flow.
• Slow down! You may suddenly find slowed or stopped traffic.
• Maintain a safe distance on all sides of your vehicle and especially from the car in front.
• Pay attention! Don’t be distracted by cell phones, CD players and coffee — the three main causes of driver distraction.
• Plan for delays and allow for extra travel time. Select an alternate route if you have time constraints.

If you have any additional information on this accident, please call Mario Massillamany with the construction accident law firm of Starr Austen & Miller at (574) 722-6676.

However, the Internet has also become a useful tool for investment fraud, with online perpetrators becoming increasingly good at looking like a legitimate presence with fraudulent websites, email and other communications. Some examples:

Unsolicited offers — check that chat!
Social media sites, including chat rooms and bulletin boards, are key places for fraudsters to find victims. Be wary of a tweet or a direct message or email from an unsolicited source about an “exciting investment opportunity.” Modern electronic technology allows “spammers” to send millions of personalized emails about “can’t miss” investments and other opportunities. Suspicious activity can be reported to the SEC Complaint Center. Some things to watch out for:

• If it looks too good to be true, it probably is. Compare the “incredible” promised returns with those of reputable stock indexes. If promised returns are much more, consider it high risk, if not actual fraud.
• “Guaranteed” returns. Most healthy returns are far from guaranteed. Don’t believe it.
• Pressure to act right now, lest this golden moment pass you by: a time-honored tactic to snare you. Always take the time to check out the offer. Be especially suspicious of “once-in-a-lifetime” opportunities based on exclusive “inside information.”

Affinity fraud
Don’t make an investment based solely on the advice of a member of an online group you’re in. Fraudsters love to prey on such groups, seeking to connect with the group and the informal communications among its members. Even if the advice is from someone you know, that person may have been fooled by the fraudulent “hot tip” or investment scheme he or she is unknowingly promoting.

Use privacy and security settings
Be aware of how the information you provide on social networks and other sites could be accessed by those who are not your friends but fraudsters. Make sure you know how any privacy or security settings work in this regard.

Question and research
It pays to have a skeptical eye and research the truth of every statement made in an online offer as well as ch:

• SEC’s EDGAR filing system or your state’s securities regulator.
• FINRA’s BrokerCheck website
• SEC’s Investment Adviser Public Disclosure website

See the SEC’s website at www.investor.gov for its publication, “Ask Questions,” about the information you should have before making an investment.

Common scams
There are a number of tried and true scams on the Internet. Here are some common ones.

‘Pump and Dump’
“Pump and Dump” schemes promote a company’s stock with false and misleading statements on bulletin boards and websites urging readers to buy or sell a stock quickly before the price goes down. Often it cites inside information, or a foolproof method of stock selection. These claims may come from company insiders or paid promoters who stand to gain, as their shares are “pumped” up by a buying frenzy they create. Once they sell or “dump” their shares and stop hyping the stock, the price goes down, and the investors lose money.

Fraudulent information sites
Fraud can look very respectable. And to be sure, there are legitimate websites and web-based newsletters that provide investment information and advice. Companies may also pay newsletters to tout specific stocks and this is legal as long as the newsletters disclose who is paying them, how much they are paying, and by what means.

However, fraudsters often lie about such information and may claim to be independent, unbiased purveyors of investment information while standing to profit handsomely by convincing others to buy certain stocks, especially penny stocks.

But even worse, some of these newsletters may be advertised on legitimate websites, including the online financial pages of news organizations. To help discern what is legitimate, go to the SEC’s tips for checking out newsletters.

High Yield Programs
High-yield investment programs (HYIPs) are unregistered investments most often run by unlicensed individuals that are often frauds. They promise superior returns at little or no risk to the investor. A HYIP website might promise annual, monthly, weekly or even daily returns of 30 or 40 percent or more. Some call themselves “prime bank” programs.

Internet-based offerings
An offering fraud is a security of some kind that’s offered to the public with the terms materially misrepresented, especially regarding the likelihood of a return. Some offerings are not fraudulent as such, but fail to comply with relevant registration provisions of the federal securities laws. However, some offerings are also exempt from this provision. It’s always best to see if such offerings are registered with the SEC, a state, or otherwise exempt.

Resources
If you’re concerned about Internet fraud, contact the SEC, FINRA, or your state securities regulator.

U.S. Securities and Exchange Commission
Office of Investor Education and Advocacy
100 F Street, NE
Washington, DC 20549-0213
Telephone: (800) 732-0330
Fax: (202) 772-9295

Financial Industry Regulatory Authority (FINRA)
FINRA Complaints and Tips
9509 Key West Avenue
Rockville, MD 20850
Telephone: (301) 590-6500
Fax: (866) 397-3290

North American Securities Administrators Association (NASAA)
750 First Street, NE
Suite 1140
Washington, DC 20002
Telephone: (202) 737-0900
Fax: (202) 783-3571

According to Lieutenant Faith, the driver of the cement truck, Timothy Burdine of Lafayette, was not injured but was taken to Franciscan St. Elizabeth East Hospital for routine drug and alcohol testing, which is standard procedure anytime there is a fatal accident.  The investigation continues but at this time officials said it is unlikely drugs or alcohol were involved.

Sage Harrison, who lives next door to the scene of the accident, was leaving for school shortly after the cement truck overturned into the pool.  “Right when I first walked out of the house, I saw the truck flipped over and I didn’t know anybody was under it.  I just thought it had fallen in.”  Neighbors crowded around the scene waiting for information.  When Harrison was pronounced dead, Harrington said members of the neighborhood were devastated.  “There’s a lot of people crying and it got to me,” said Harrington.  “You know, when you’re that close to death, it’s just sad and scary.” 

If you have any additional information on this accident, please call Mario Massillamany with the law firm of Starr Austen & Miller at (574) 722-6676.

According to the Indiana State Police, the impact caused both vehicles to cross the grassy median and come to a stop in the two left lanes of U.S. 30.  Neither Sanchez or his co-driver suffered injuries but Fry died at the scene.  The Old Dominion truck was loaded with general freight and there were no losses reported.  All lanes westbound were closed temporarily for the reconstruction of the crash.  The Porter County Coroner, Indiana State Police Commercial Vehicle Enforcement Division and Union Township Fire and Rescue all assisted with the crash aftermath.

If you have any additional information about this crash, please contact Mario Massillamany of Starr Austen & Miller, LLP at (574) 722-6676.

The court in Hamilton County Superior Court 4 in Indiana has approved Starr Austen & Miller’s to initiate litigation to “recover additional funds for the Receivership estate” in the case “State of Indiana et al., v. Keenan R. Hauke, et al.,” under cause number 29D04-1104-PL-003478. The court-appointed Receiver the firm will work for, William E. Wendling, Jr., has been tasked with marshaling assets to reduce investor losses.

Hauke’s Ponzi scheme was uncovered in April 2011, when a former employee of Hauke reported concerns to the Indiana Securities Commission. The Commission quickly investigated and brought a complaint against Hauke, getting the court to freeze the assets of the former Fishers money manager and hedge fund operator. Hauke was the CEO of Samex Capital Advisors, LLC, and wrote a regular column in the Indianapolis Business Journal. His high profile included being a frequent guest on cable networks and local TV shows, such as CNBC and Fox Business News.

However, while vocalizing his financial concerns in high-profile venues, Hauke was also running an elaborate Ponzi scheme operation, in which Hauke began by soliciting money from new clients to pay off his investors who had great losses in a large Michigan real estate deal. In addition, he converted some funds for his own uses, including paying off his mortgage, paying taxes and purchasing property. He also created a false trail of documents to deceive his investors.

Hauke pleaded guilty in federal court to a single count of securities fraud, in December 2011, in which he admitted to defrauding 67 investors of more than $7 million from 2004-2011. After a sentencing hearing on March 23, 2012, in federal court, Hauke received ten years and one month in jail.

As part of the federal criminal case, litigation continues in an effort to recover as much of the victims’ money as possible, since on average each investor affected lost more than $100,000, including life savings and retirement funds. Accordingly, in June 2011 the Court appointed William E. Wendling, Jr. as a Receiver, authorized to take control of Hauke’s assets. Wendling was tasked with establishing a claims process to distribute funds to shareholders and partners, and to develop a restitution fund for investors.

Part of this task includes reclaiming funds from those who received them with knowledge of the Ponzi scheme. This can involve initiating litigation.

Starr Austen’s securities arbitration attorney, Scott Starr, said, “Now that we’ve been appointed as counsel for the Receiver we’ll begin the task of investigation and initiation of litigation. We’ll do our best to discover and recover as much money as possible for the Receivership estate, which will, in turn, help reduce investor losses from this Ponzi scheme which has harmed so many innocent victims.”

Starr, Austen & Miller LLP handles stockbroker fraud cases, truck accident cases, and multimillion dollar, nationwide class actions. Mario Massillamany hosts a live chat session every Wednesday at 5pm to help people understand their rights.

The semi driven by Everett saw the Buick slowing but did not see any brake lights.  Everett said he swerved to try and avoid the collision but was unable to, striking the Jimmy, which in turn, struck the vehicle driven by Mast.  Smith’s vehicle veered off the road, overturned and hit a fence.  After Everett collided with Mast’s vehicle, the Buick careened off the road, then struck a rock and a tree. 

Patrolman Jeremy Overmyer of the Elkhart County Sheriff’s Department reported that Everett was not hurt and Smith was taken to IU Health Goshen Hospital as a precaution but had no apparent injuries.

According to local residents, it was not the first fatality on that stretch of State Road 13.  Sandi Hoover, who lives nearby stated that “We had a fatality in our front yard in ’03, from a semi driver.  It’s speed and the cops need to patrol this road more, you never see very many cops going up and down this road and the semis are running like crazy.”  Other residents also voiced concern about the road becoming more and more deadly and hoped that speeding could be curtailed.  Kim Gregory, who lives across the street from the accident scene stated “There’s way too much speeding going on here, we see people drag racing down the road.  There’s a lot of children out here, we have children, almost everybody in our neighborhood has children and there’s Amish children everywhere.” 

None of the drivers involved in the accident were ticketed or arrested as a result of the crash. If you have any additional information about this crash, please contact Mario Massillamany of Starr Austen & Miller, LLP at (574) 722-6676.

The school bus crash occurred in the 900 block of Emerson Avenue just before 8:00 am. The cause of the crash has not been determined. No other vehicles were involved in the accident. It appears that the driver lost control. Police are investigating the situation and don’t yet know if weather was a factor. Aerial photos show the front of the school bus being damaged.

A student passenger, Arie Ruffin and the driver, Thomas Spencer II died at the scene. Two of the 12 injured children were listed in critical condition. They were taken to Riley Hospital.  The other children had bruises. Eight of the children were treated at Wishard Hospital for non-life-threatening injurers.

“Just visited Lighthouse Charter School. Staff members are helping parents and student through the tragedy”, tweeted Mayor Greg Ballard at 10:19am.

Before the crash, the children were being transported to Lighthouse Charter School. They were only two miles away from the school.

If you have any additional information on this crash, please contact Mario Massillamany at (574) 722-6676.

Police investigating the incident said speed was a factor and that the driver may have fallen asleep. The crash closed the right lanes of I-65 near the south split with I-70 for almost five hours as crews worked until 6 a.m. to clear the wreckage, which included a cargo of empty CD cases that scattered across the highway.

If you have any information regarding this accident, please contact Mario Massillamany at Starr Austen & Miller, 201 S. Third Street, Logansport, Indiana.

Rexroad was in the process of being towed when a 2003 green Freightliner, pulling two trailers and being driven by Richard C. Maples, 60, of Wilmington, Ohio, lost control of his semi on wet pavement caused when his second trailer jackknifed.  The second trailer struck Rexroad’s semi from behind and pushed the disabled semi forward into the wrecker.

Mr. Rexroad was pronounced dead at the scene after he was pinned between his tractor and the tow truck.  The tow truck driver, Joshua D. Sims of Cloverdale, Indiana, managed to jump from between the vehicles and out of the way but was listed in critical condition. Maples, who drives for R and L Carriers, based in Wilmington, Ohio, was also injured.  Both Sims and Maples were taken to Wishard Hospital in Indianapolis.

The crash shut down about eight miles of eastbound I-70 west of Indianapolis near Monrovia for several hours due to a material spill onto the roadway from one of the semis.  Traffic was diverted from eastbound I-70 at Cloverdale north onto U.S. 231 to U.S. 40.

The crash occurred before 8:00 a.m. as the last band of snow moved out of the area leaving 1-2″ of snow across central Indiana.  In the morning, rising temperatures melted the snow, leaving behind watery and slick roads.

Witnesses told police that the semi that jackknifed appeared to be going faster than other vehicles on the road.  Police stated that the causation factor for a majority of the morning crashes and slide-offs were due to motorists traveling too fast on slick roads and stated that when the interstate is wet and covered with snow or ice, motorists should reduce their speed.

If you have any information regarding this accident, please contact Mario Massillamany at Starr Austen & Miller, 201 S. Third Street, Logansport, Indiana.