Be Safe in These Dark Days. Tips to Remain Visible on the Road

Daylight savings has arrived. This is the time of year where most people's afternoon commute is done in the dark.  Pedestrians, cyclists, and drivers are all on the wet dark roads doing their best to get home.  This combination can lead to deadly consequences because pedestrians, cyclists, motorcycles, and other vehicles can be difficult to see.

The Portland Bureau of Transportation has provided some helpful tips for drivers.  PBOT recommends for drivers to: 

• Use your headlights even if it is not "night time"
• Leave more space between you and the car in front of you
• Remember to practice patience and slow down
• Stay in your lane and beware of drivers who dart from lane to lane
• Even though the route may be familiar, don't go on autopilot; stay alert and ALWAYS watch for vulnerable road users such as people walking, biking and rolling
• Don't touch your phone, eat, drink or do other things that are distracting. Remember, as of October 1, 2017, it is illegal to drive while holding or using an electronic device (i.e. a cell phone or tablet).
• Slow down at crosswalks and take care when making turns – even at a signal.

Cyclists, Runners, and Pedestrians should increase their visibility by:

“Did you know that you’re first visible to people driving from 500 feet away when you’re wearing reflective clothing? Compare this to just 55 feet away when wearing dark colors with no reflective gear or lights.”

— Portland Bureau of Transportation

• wearing reflective clothing or gear
• using safety lights. 
• When walking, keeping a small flashlight or using the feature on your phone is another helpful way to make sure you can see at night.

If you or someone you know has been injured in a crash involving a vehicle, call Portland personal injury lawyer Jeremiah Ross at 503.224.1658 for your free case evaluation.  Also, Ross Law LLC is not affiliated with the City of Portland and this post is for informational purposes only.  This post may be percieved as Attorney Advertising.

Jeremiah Ross Named Co-Chair of Oregon Trial Lawyers Association Consumer Law Section

Jeremiah was recently named co-chair of the Oregon Trial Lawyers Association's Consumer Law Section.  Jeremiah proudly represents Oregon Consumers in cases involving automobile dealer fraud, lemon law cases, negligent vehicle repairs, and vehicle warranty disputes.  If you, or someone you know, has been ripped off by a car dealer or you have been sold a lemon, call Jeremiah Ross at 503.224.1658.  Ross Law LLC is an Oregon law firm that represents Consumers and injury clients throughout Oregon.    

Halloween Tips Parents Should Know To Keep Their Kids Safe

I spent the vast majority of this weekend watching my kids have the time of their lives running and crawling around in their Halloween costumes.  Yesterday we attended Westmoreland's annual Monster March, and noticed the number of kids that were out this weekend compared with last year.  We are slated for great trick or treating weather which will mean there will be more and more kids trick or treating.  We are all excited to see the kids trick-or-treating, but we also have to remember that Halloween can be a dangerous time of year. 

Halloween is an extraordinarily dangerous time: DUII Drivers are all over the road, mischievous teenage drivers are on the roads, and drivers are distracted by the folks walking around in costume.  Mobs of Children are everywhere and are not paying attention to their surroundings. The totality of these circumstances combines to make for a very dangerous situation.  Many people are aware of the obvious dangers of Halloween, but there are some hidden dangers that parents should be aware of.

Visibility:  It is common sense that a child dressed as a Ninja or in Camouflage will be difficult to see.  However, every year I see a child dressed in all black without any reflective strips or lights to increase their visibility.  This creates the obvious risk of a car injuring your child.  It is best to ensure your child is visible by giving them something that glows or lights up to help motorist see them.  At a minimum put reflective tape around their ankles and wrist where it is visible to others.  Additionally, it is well known that the child should be able to see out of the mask they are wearing, but mask wearing parents need to also remember this.  Limiting your visibility can hinder your ability to keep an eye on your little ones as they run from house to house. 

Tripping:  Kids and parents often find themselves standing on unfamiliar porches littered with small pumpkins and other Halloween decorations.  It is important that you pay attention to these tripping hazards, so you and your child can avoid being injured by a fall caused by tripping over these objects.  Also, sidewalks covered with leaves can cause a person to fall and be injured.  Slow down and watch your step when walking on dark leaf covered sidewalks, and let your kids know they should slow down and watch their step. 

The Street:  The Street is an obvious danger to most, but many people live on quiet streets that do not have a lot of traffic.  Children become complacent and often play in the street or run across the street without being cognizant of the dangers involved. A recent tragic example illustrates the dangers of playing near the street. Two children were seriously injured and killed after being struck by a car as they were playing in leaves piled up in the street adjacent to the sidewalk in front of their house.  The Driver for some reason veered into the leaves, ran over the children, and fled the scene.  These unthinkable tragedies happen and the only way to prevent them is to do your best to keep the kids out of the street and ensure they are aware that they absolutely cannot be in the street on Halloween night. 

Stay Close to Your Little Ones:  My son finally understands the dangers cars pose.  However, sometimes he gets distracted and caught up in the moment, so it is up to me to look out for his safety.  Parents are always doing their best to look out for their children, but sometimes they may let their little ones get too far from them to react to a dangerous situation.  This is very true when people are in their own neighborhood because people often become complacent in their neighborhood. On Halloween, it is always a good idea to keep your little ones extremely close and walk all the way to the door with them.  Keep your body between them and the street, so if they do dart out into the street you are in a position to prevent them from going into the street. 

Halloween should be a fun time for all, and you should not have to spend the night in the hospital worrying about your little one’s injuries and the tens of thousands of dollars in medical bills. Being aware of the dangers can help you prevent yourself and your little ones from being injured by the negligence of another.  I wish you all a safe and Happy Halloween!

If you believe you were injured by the negligence of another call Oregon personal injury lawyers Ross Law LLC and Jeremiah Ross at 503.224.1658 for your free personal injury case evaluation.  Please remember this post is for informational purposes only and does not constitute legal advice.  Also, please remember that this post does not create an Attorney-client relationship.  

Congress Shot Down a Rule Meant to Preserve Your Right to a Jury Trial & What You Can Do About It

Arbitration can kill a consumer's case by preventing consumers from having their day in court. Many people who are ripped off by car dealers or subjected to automobile dealer fraud have no idea they relinquished their right to a jury trial by signing an arbitration clause.   The CFPB was taking steps to limit businesses ability to bar the doors to the courthouse and force people into expensive, business-friendly arbitration.   

Congress didn't do consumers any favors this week by killing the CFPB rule that was intended to protect consumers access to justice. However, there are still ways to stay out of arbitration. The NCLC article has identified the ways to combat arbitration clauses despite Congress' terrible decision. Click here to read more.

If you have additional questions call Oregon Consumer Lawyer Jeremiah Ross at Ross Law.  Call 503.224.1658 for your very breif free case evaluation.

Don't Drive While Holding Your Phone! New Stiff Penalties Are Soon To Be In Effect.

We all know that using your phone while driving is a dangerous activity.  However, despite the data, the education, and the advancements in technology, people still continue to use their mobile phones while driving. This increases the dangers of getting in a crash, and you can get ticketed and fined.  Using a cellular phone or other hand held device while driving may also make you vulnerable to a claim for punitive damages if you injure someone as a result of distracted driving.  

You or your insurance company may have to pay tens of thousands of dollars more for injuring someone because you chose to break the law and drive with your cell phone.   Despite these deterrents it wasn't enough.  Oregon Law Makers decided to get tough on drivers using their smartphones and enacted new laws increasing the penalties.  Below is what you need to know:

When do stiffer penalties and the new law come into effect?  October 1, 2017. 

What did the old law prohibit?  The old law prohibited talking on your phone without a hands free device or texting while driving. However, their was a gaping loophole that allowed people to use their phones to access the internet, driving directions, checking and responding to emails or entertainment.  

What can I legally do on my phone while driving?   You can talk on your phone with a hands free device.  However you cannot touch or hold your phone while driving.   The new law prohibits drivers from using any feature or app on their phone that require holding or touching the phone.

Can I use GPS or a Tablet and Drive?  No, the law applies to all electronic devices including GPS, tablets, laptops, smartphones, and cellular phones. 

Do I have to turn my car off to hold my phone and use its features?  No, you just need to have the vehicle lawfully parked and off the road. Stopping in a traffic jam, at a stop sign, or a traffic light does not count as being parked. 

How Do I Use Navigation Features While Driving?   You can still rely on your phone or other devices for navigation.  However, you need to input the data (address, location, etc) prior to driving.  Also, you tap the screen once, you simply cannot hold the phone.  The apps you rely on must be able to be operated hands-free.  This means that you can't be holding the phone. The same goes for other devices.  

How much is the fine for unlawfully using a device while driving?  The first presumptive fine is $260.00.  If you cause a crash while breaking the no driving and using your electronic device law you will face a presumptive fine of $435.00.  If you are stubborn enough to continue to use your electronic device/phone while driving and are convicted three times in ten years you will be facing a misdemeanor charge.  You would then be facing 6 months in jail and a $2500.00 fine. 

Can I still get sued if I get a ticket for using my phone while driving and I caused a crash?  Yes, you will likely have to deal with a personal injury attorney like myself that represents the injured driver if you injure someone while driving and using your phone.  

Where can I locate the new law?  Look at ORS 811.507 (2017) and any appellate decisions addressing that law for guidance.   

If you have additional questions regarding using your hand-held device and driving please call Portland Oregon personal injury lawyer Jeremiah Ross. Ross Law LLC is dedicated to helping change Oregonian's behavior by holding negligent driver's accountable.  If you or someone you know has been injured by a person that may have been using their phone call Ross Law at 503.224.1658 for your free personal injury consultation.  Please do not rely solely on this post.  This post is not intended to be legal advice and you should look at the text of the law (ORS 811.507) (2017) and any appellate decisions interpreting the law. 

Clues That Your Elderly Loved One Shouldn't Be Behind The Wheel

There comes a point in each of our lives where we must stop doing things we love simply due to our age.  Driving is one of those things that even if you do not love doing it, if you live long enough, you are likely going to have to give it up.  Most of us have elderly relatives, but we may not be sure when is the time you should have "the hang up your keys talk" with them.  This talk is so important due to the dangers elderly drivers posed.  Yesterday an elderly driver killed her elderly passenger in aparking lot crash!   

These incidents are happening far too often and it is because we do not realize or loved ones are unsafe, or we don't take the necessary steps to get them off the road.  Below are some clues from the National Institute on Aging that may help you recognize when you should take steps to get an elderly driver off the road. 

1)  Look for Evidence of Multiple Crashes or near misses:  Even minor crashes that occur in parking lots should be concerning.  If you notice your elderly loved one's vehicle has dents and scratches then that should be an indication they are hitting things and maybe they shouldn't be on the road.   If the elderly driver is constantly mentioning a near miss with another vehicle, that may be an indicator that they are having issues safely driving.

2) You Hear Comments from Others:  Many people will joke about their experiences with their elderly driving relative, friend, or neighbor.  However, many of these comments or jokes are grounded in truth.  If you hear these comments then ask more questions to determine the facts surrounding them.  If you confirm there is an issue you should have the talk about whether or not the elderly driver should continue driving.

3) The Elderly Driver Quits Driving At Night:   Quitting driving at night may be a good first step.  However, this may be the symptom of a larger issue.  You should ask why the elderly driver quit driving at night and have a medical professional evaluate the person to ensure they are safe to drive during the day.

4) Health Issues That Affect Driving:  If your elderly friend or loved one is having issues remembering things, or can't move quickly then that may be an indicator they shouldn't be driving.   Driving is a complex task that requires a person to physically and mentally be involved at all times.  If there is a medical issue that substantially impairs either their mental or physical abilities then the elderly person should probably not be driving.

5) Complaints that Others Are Driving Too Fast:  Many elderly drivers stay off the highway if they can.  They may also complain other drivers drive too fast or change lanes abruptly.  This should be a clue the elderly driver does not feel comfortable on the road.  We have all seen the elderly driver that is going 50 MPH in a 65 MPH zone.  That is most likely because that is the speed they feel comfortable at.  However, that is an issue, because they should feel comfortable at driving all speeds, including the posted 65 MPH.  This may be a reason to talk to the driver about whether or not they feel safe driving on the road.  If not, then they should most likely hang up the keys. 

If you need more information regarding elderly drivers click here.  Please consult with a medical professional or the DMV if you have questions regarding whether it is safe for your elderly friend or loved one to be on the road.   Please do not rely solely on this post.  However, feel free to call Portland Oregon personal injury attorney Jeremiah Ross at 503.224.1658 if you have additional questions.   If you or someone you know has been injured by an elderly driver call Ross Law LLC at 503.224.1658.  This Post may be considered attorney advertising.

When Should An Elderly Driver Stop Driving?

Many elderly folks rely on their vehicles as their only source of transportation.  These folks regularly get behind the wheel just as the rest of us do.  However, there is a point where everyone needs to realize they are not physically and mentally able to perform the complex task of driving a vehicle anymore.   All too often we read about crashes where an elderly person crashes into a building because they confuse the brake and gas pedal, or makes some other unexplainable error.  Many of these incidents are minor and thankfully no one gets injured. However, some folks are not that lucky.  

Yesterday a 94-year-old driver killed her 92-year-old passenger in a parking lot crash.  The 94-year-old backed into a car in the parking lot, then suddenly accelerated into a tree causing the car to flip over.   This crash killed the 92-year-old driver.   This is an awful tragedy that could have likely been prevented if the 94-year-old had realized she shouldn't be on the road. Many people know they are having difficulties, but are too stubborn to admit it and stop driving.   This can lead to the tragic outcomes.  This can also lead to claims for punitive damages against the elderly driver or their estate. 

Here are some tips from the National Institute of Aging if you are worried about your driving:

1) You May Have to Stop Driving Due to Joint Stiffness Or Pain:  See a doctor if you are having stiffness or pain when you drive.  If you can't drive without pain or stiffness it may be time to hand over the keys.  This is due to the fact that the pain is going to prevent you from performing tasks such as moving the steering wheel, pressing the pedals, turning your head to check your mirrors.  These tasks must be performed without impairment.

2) If You Can't See Clearly You May Have to Hand over the Keys:  Vision issues affect most everyone, including myself.  However, if a person cannot see clearly even with glasses they shouldn't be on the road.

3) Your Hearing Troubles May Make You An Unsafe Driver:  Driving is a complex task that requires almost all of our senses. We rely on hearing to alert us to dangers and to hear sirens and commands.  If you can't hear clearly and are unable to make adjustments to compensate for the loss of hearing then it may not be a great idea to drive. 

4) Your Medical Issues or Age Affect Your Mental Abilities:  Many people suffer from memory issues, dementia, Alzheimer's, routine minor strokes, or seizures.  These can be deadly diseases if a person gets behind the wheel because the illnesses will impair the person's ability to safely drive.  Aging also affects your reflexes and reaction time.  These cases are tragic when an elderly person kills or injures another due to their mental issues, or simply not having the reflexes to safely drive.  If you are at an age where your mental issues are impairing your driving you should probably stay off the road.  

5) Your Medications May Impair Your Driving:  Medications can cause you to be an impaired driver.  This means you are committing the same crime as a person that chugs a six pack and hits the road.   If you cause a crash then you will likely be arrested and convicted of DUII.  However, your main concern should be that you may injure or kill someone as a result of ingesting your prescribed medication.  Follow the warnings and doctors advice.  If you have to take medication that makes it unsafe to drive, then do not drive.

If you have more questions about elderly drivers feel free to call Jeremiah Ross at 503.224.1658.  If you, or someone you know, has been injured by an elderly driver call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658.  Ross Law gives a free case evaluation for personal injury clients.  DO NOT RELY SOLELY ON THIS POST TO DETERMINE IF YOU SHOULD BE DRIVING, SEE YOUR MEDICAL PROVIDER OR THE DEPARTMENT OF MOTOR VEHICLES.   This post could be considered attorney advertising. 

Seven Things That May Increase the Value of Your Personal Injury Case

You have just been in a crash and your friend tells you they had the same injury and the insurance company offered $50,000.00.  The bad driver's insurance company has only offered you $25,000.00.  How can that be?   It is simple, insurance Companies and Personal Injury Lawyers all look at the specific facts of the case to put a value on the case.   In some cases, the injured person can increase the value of their case by taking action.  In other cases, the value of the case is increased due to the facts and circumstances that are outside the control of anyone.  The list below is a brief run down of things that may increase the value of your case:

1) You Have Well Documented Regular Medical Treatment:  Insurance companies and personal injury lawyers rely heavily on the medical records as one factor to put a value on a personal injury case.  If you receive regular well documented medical treatment from a reputable treatment provider you will likely increase the value of your case.  This is due to the fact the medical treatment provider can usually articulate the negligence caused injuries and how they are affecting the injured person.  People that do not seek medical treatment or have long gaps in treatment will usually have a reduced case value. 

2) How Your Injury Occurred:  The facts of how the injury occurred can often increase the value of your case.  If you were injured in a high-speed crash the case will usually be more valuable than a low-speed parking lot crash, even if the injuries are similar.   In dangerous premises cases, the facts can substantially increase the value of a case.  If you were hit in the head by merchandise falling off of a shelf your case will typically be more valuable than a case involving a person that slips on a wet floor. These are things you have little or no control over, but they can add value to the case. 

3) The Person or Entity that Injured You:  If a mean, grumpy, angry person crashes into you, your case is probably worth more than if a nice, pleasant, calm person crashes into you.  If you are injured by corporate negligence your case may be worth more than if you were injured by the negligence of a real person. 

4)  You Were Injured by Someone Being Reckless or Breaking the Law:  If you were injured by a person or corporations acting recklessly or breaking the law your case will be worth more than a person that makes an honest mistake and injures you.  For example, if you were injured by a DUII driver your case will be more valuable than if you were injured by a sober driver.  If you were injured by a corporation that consistently has broken the law, then your case will likely be worth more.  If this occurs, you may also be entitled to punitive damages that will likely increase the value of your case. 

5)  How You Present: If you are honest, friendly, and reasonable your case will likely be more valuable than a person that has negative attributes. Personal Injury cases are about the people involved.  Juries and insurance companies are likely to put more value on a case where they like you and believe in you and your case.   If they think you are lying, over-exaggerating your injury, or you are not likable they will likely reduce the value of your case.  I will not take a case if I suspect you are lying or malingering, and most Oregon personal injury attorneys have the same policy.

6) Having a Lawyer Represent You:  In many cases having a personal injury lawyer representing you will increase the value of your case.  There are many reasons for this and it usually makes sense to hire a personal injury lawyer.   However, you should always speak with a personal injury lawyer if you were in a crash. It usually is free. You can call Ross Law LLC at 503.224.1658 for your Free Case Evaluation.  Click here for answers to attorney fee questions.

7) The Insurance Company Representing the Person or Company that Injured You:  Certain Insurance Companies are more willing to pay fair compensation for injuries than others.  Some insurance companies in Oregon are terrible and consistently make "low ball" settlement offers.  Other insurance companies are more reasonable are willing to negotiate.  

 If you still have questions call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658. You can also click here for more information about the value of your personal injury case.   Ross Law LLC is happy to give you a free personal injury consultation.   Please remember there are numerous variables affecting the value of your case.  The list above are some things that may increase the value of your case, but everyone's case is different.  Call a personal injury attorney if you have questions rather than relying solely on this post.  Also, this post may be considered Attorney Advertising.