Flying the Un-Friendly Skies...Injuries on Commercial Flights

Let's face it, flying is not what it used to be.   Airlines are making record profits, but flying conditions seem to be getting worse.   The recent events on a United Flight highlight the fact that most Airlines put their Corporate priorities above the passengers comfort and safety. That incident was an anomaly, but every year countless passengers are injured aboard commercial airplanes.  Many injuries are minor, but some can be major.  Below is a list of the most common types of injuries:.   

Baggage Incidents: Many passenger injuries are caused by baggage.  Passengers often whack each other with bags as they are attempting to lift them and load them into the overhead bins.  Baggage also may fall out if the bin is not latched properly, malfunctions, or when people open the overhead bins after the flight.  These heavy bags can land on a person's head and cause severe neck and head injuries.  They may also cause bruising and swelling or torn muscles and ligaments on other areas of the body.

Turbulence or Rough Landings:   People can be injured by getting jostled around on planes as they are flying through unstable air or during a rough  landing.   This unstable air is called turbulence.   Neck and back injuries can result depending on the intensity and duration of the turbulence or rough landing.  The USA Today recently wrote an article articulating the various ways turbulence may injure passengers.  For example turbulence may cause the plane to shake so violently that overhead bins may open causing baggage to fall out, drinks may spill, and equipment may fall on passengers.  

 

Hot Liquid Spills: Hot Coffee and Hot Tea pose a danger to passengers.  A spill of hot coffee or tea on a person can cause serious burns, scarring, pain, and discomfort.  Many of these spills happen while the cup of hot liquid is being transferred from the flight attendant to the passenger. 

Assaults:  Assaults are becoming more common on commercial flights. "Air Rage" is becoming more common as more and more passengers are crammed into smaller and smaller spaces.   In 2015 there were almost 11,000 incidents of air rage. These assaults can range from pushing people to a passenger brutally attacking another passenger.  

Sexual Assaults: Sexual Assaults on Commercial flights are not something we usually think about.  However, they do occur. A recent article noted it is hard to determine the number of assaults because typically 75% of sexual assaults go unreported. Usually they involve a drunk individual that gropes and touches another without their permission.  Sometimes these sexual assaults involve incidents of adult passengers groping a minor.   

Is The Airline Responsible for Your Injuries?  If you were injured on a commercial flight the airline may be responsible for your injuries.  This obviously depends on the facts. However, people on international commercial flights enjoy certain protections provided by treaties and Federal Law.   This may entitle a person injured on a plane to compensation even if the airline did little or anything to cause the injury.  These types of incidents usually require a lawyer to get involved, because Airlines often do not take these claims seriously.

What to Do if You Are Injured on a Commercial Air Flight?

  1. Obviously if you are injured you need to seek medical treatment first and foremost.
  2. Ensure you keep all documents from the flights.   Try and keep your boarding pass, even though most of them are available on-line even after the flight has concluded.  
  3. Do your best to get the passengers full names, addresses, and phone numbers that are in the seats surrounding yours.  Finding witnesses can be difficult if you don't have the witnesses contact information.  
  4. Take Photos:  If possible take photos of the area where the injury occurred.  A video is even better. 
  5. Alert a Flight Attendant and Ask to Make an Incident report:  Alert a flight attendant to the injury and tell them to talk to a witness to find out what happened.  Get the flight attendant's name.
  6. If a crime has been committed contact law enforcement once you are able to do so.  Ensure the Flight Attendant contacts law enforcement.
  7. Call a lawyer at 503.224.1658 if you have further questions.

If you or someone you know has been injured on an airplane call Ross Law LLC.  Jeremiah Ross is happy to provide you a free case evaluation.  Call 503.224.1658 for your free case evaluation. Please remember the law is always changing.  Do not rely on this post and rely on the law and advice from a lawyer.   This blog can be considered attorney advertising and is for advertising purposes only. 

Texting and Driving, a Deadly Combination

Texting and driving has become a leading cause of injuring American drivers.  According to the Center for Disease Control, in 2013, nearly one in five crashes (18%) in which someone was injured involved distracted driving.   This is a serious issue and most states have laws preventing texting while driving. In Oregon ORS 811.507 prohibits drivers from using a mobile communication device while driving.  There are exceptions to  ORS 811.507, but the bottom line is texting or using a cellular phone device while driving can be a deadly distraction.

In Oregon, a texting driver that injures another in a crash may be charged with the crimes of  assault, reckless driving, reckless endangerment and more serious crimes relating to manslaughter if the texting and driving kills someone.  Furthermore, most likely the injured person will be forced to file a lawsuit against the at fault driver if the at fault driver’s insurance company refuses to reasonably compensate the injured person.   The texting bad driver will likely face a claim for punitive damages which can be a substantial amount of money depending on the facts.  

Many texting drivers find themselves being the defendant in a lawsuit because their insurance won’t agree to pay a reasonable settlement. This is a difficult position for the injured person and the bad driver that caused the crash, but the bad driver must be held responsible for texting and driving and the civil process is a way to do so.

Click Image for Safe Driving Tips

Click Image for Safe Driving Tips

 

If you or someone you know were injured by a driver that was texting and driving call Portland personal injury lawyer Ross Law LLC at 503.224.1658 for your free personal injury case evaluation. Jeremiah Ross is happy to discuss your case with you at no cost and no obligation to you.  If you need more information on texting and driving, click this link to go to the Oregon Department of Transportation web-site.  Please remember this post is for informational purposes only and is not to be considered legal advice. Please remember to consult with an Oregon attorney about your case.

Another Self Driving Vehicle Crash-Uber Pulls Autonomous Vehicles off of Road

Uber has been pushing for self driving vehicles and is using them in select cities.  These vehicles are manned by a driver that is to take over in dangerous situations.  However, the cars are primarily driven by a computer.  As suspected, there are some issues that arise when the computers don't function as designed, or the vehicle can't account for a dangerous situation. When these failures occur the results can be catastrophic leading to injury and even death.  (Click here to read about self driving car failure resulting in death.)  Uber recently pulled its vehicles off of the road after a self driving Uber car was involved in a crash.  (click here to read about recent autonomous vehicle Uber crash.)

Self Driving cars and ride-share programs somewhat compound an already uncertain area of the law and there are other safety risks that are going to arise should Uber continue to test vehicles on the road without proper research and development in house.  Maintenance issues, malfunctions, and small issues are destined to arise.  I have heard complaints from ride share operators regarding occasional glitches with the app, so it is difficult to imagine the self driving vehicle won't have any glitches. If a self driving vehicle fails to operate during a ride and leaves a customer stranded that is later a victim of an assault or robbery, will Uber be liable?  These are all issues that may arise.  

The autonomous vehicle issues are new to Oregon and Oregon politicians and agencies are struggling to keep up with technology.  Until they are able to adequately regulate this industry it will be up to attorneys looking out for injured people to raise these issues for their injured clients and hopefully provide an economic incentive for the autonomous vehicle industry to be abundantly cautious when rolling out these vehicles.  If you have more questions feel free to read my previous blog articles:  Who is Responsible for Crash with Self Driving Car?; Licensing Autonomous Vehicles in Oregon?;  What to do passenger In Crash with Uber or Lyft?  

If you were an Uber or Lyft passenger involved in a crash, please call Ross Law at 503.224.1658.  Jeremiah Ross is happy to discuss your personal injury case with you. If you are involved in a crash with a self-driving vehicle or autonomous vehicle feel free to call Jeremiah Ross.  Legal Stuff:  Please note this article is based on the author's opinion.   Ross Law does not have any affiliations with any ride share program or taxi-cab company.  This information is not to be considered legal advice and is for information only.

Litigating Cases in Far Away Places-Ross Law Takes Cases outside of Portland

People regularly ask if I take cases outside of Portland.  The answer is, sometimes.   For example, yesterday I appeared in Jackson County court in Medford, Oregon.   It is always nice to get outside of Portland for the right type of case.  I currently have cases pending in Eastern Oregon and on the Oregon Coast.   I typically will take Personal Injury cases and crime victim cases from all over the state of Oregon.  If you have any questions about the types of out of the area cases I take, call Ross Law LLC at 503.224.1658 and ask for Jeremiah Ross.

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What to do if injured in a Uber or Lyft Crash....

Uber and Lyft have become incredibly popular in Portland and other Oregon cities.  These convenient ride shares allow customers to quickly hitch a ride virtually any time and anywhere within the Portland Metro region.   The drivers are regular folks who are often driving as a second job.  However, this can create problems.   Uber and Lyft are regularly in the news for the various issues that arise when their drivers don't behave or make mistakes.  People have reported incidents of Assaults, Sexual Assaults, and verbal abuse from ride share drivers.   However, the most common incident with Uber or Lyft is when the driver gets in a Car Crash with a passenger in the back seat.  (Click here for recent story of Uber Driver Crashing Into Gas Pump)

If you are in a passenger in a Ride Share program and are injured in a car crash you are going to face some unique issues.  One of the major issues that you will face is whose insurance is going to pay for your medical bills and compensate you for your injuries.   Many insurance policies exclude coverage for drivers that are working for Uber or Lyft.  That means if the Rideshare driver was at fault for the crash, then their bodily injury insurance may not provide coverage to pay you for your medical bills or damages.  Uber and Lyft have their own insurance policies, but they are not usually willing to pay without being forced to.   That is why you will usually need a lawyer if you are injured while a passenger in a ride-share program.

If you are injured in a crash with an Uber or Lyft driver here are some tips for you:

  1. Ensure you preserve the driver's information.   You need the driver's name and the license plate of the vehicle.   You can take photos of the driver's license and the license plate.  However, it is important to try and document the Uber or Lyft Ride. The best way to do this is Screenshot the Lyft or Uber app right after the crash.  This is not always possible due to the severity of the injury, but that is the best way to ensure you have the driver's information.  If you were unable to screenshot the App immediately after the crash, both apps have a ride history section where you can bring up the driver's information and the ride route. (click here for instructions for UBER) (Click here for instructions for Lyft)  Once you find the ride then screenshot the page to ensure you preserve it. 
  2. Get the UBER or LYFT Driver's Insurance Information:  Get their Auto Policy information and all of the Uber or Lyft Insurance information.  If the driver drives for both Uber and Lyft then try and get insurance information from the driver for both companies.
  3. Other things to do At the Scene:   Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the car damage, the scene, the bad driver, witnesses, and the bad driver' driver's license, the bad driver's license plate, and the bad driver's insurance card.  Call 911 if there is an injury and relay what the injuries are. Have witnesses text or email you their contact information from their phones. This way you can locate them later if needed.   
  4. Seek Medical Care:  Immediately seek treatment if you are injured. Oregon auto insurance policies should pay $15,000.00 for up to two years of crash related medical treatment.  The Uber or Lyft Driver's insurance may pay as well.  This is why it is important to contact a lawyer first, as these issues need to be addressed early in the case.  
  5. Call A Lawyer at 503.224.1658:   It won't cost you anything to chat, and you can learn about what you need to do next. I will give you a free case evaluation. 
  6. If you choose not to call a lawyer, you should contact your auto insurance if you have it: Call your insurance company to set up a claim. Cooperate with them, but be cautious of their motives.
  7. Be Cautious of Discussing things with The Other Driver's Insurance and Lyft or Uber.  

If you have any questions please call Ross Law LLC at 503.224.1658 for your free case evaluation.   Legal Stuff: Please remember this post is for informational purposes only and you will likely need to do more than what is listed above to pursue an injury claim on your own behalf.  Also, the law is constantly changing, so please consult with a lawyer rather than relying on this post. 

 

National Consumer Protection Week-People and Laws that Protect Consumers

As a consumer attorney I am always attempting to bring awareness to issues that effect consumers.   Things like arbitration clauses, auto fraud, unlawful debt collections, lender fraud, and mortgage fraud, are all issues that consumer lawyers take on.   I focus on a small area of auto fraud, but there are many lawyers in Oregon that represent consumers in all different types of cases. 

This week is the Federal Trade Commission's consumer protection week.  The purpose of this week is to bring awareness to consumer issues.  Why does this matter to you?  It is simple, Consumer issues effect virtually everyone in the United States.  Regulatory agencies and attorneys work tirelessly to ensure that consumer's get a fair shot and attempt to use the law to encourage businesses to change their behavior.  

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For example, things like the Truth In Lending act ensure that you should have the ability to understand your loan and how much it would cost you.  Without attorney's representing consumers that were not provided the proper paperwork disclosing the loan terms, the law would probably be ignored. Businesses wouldn't have any incentive to comply with it. Another example is the car dealer that sells a vehicle "As-Is" and it breaks down the next day.  The Oregon Department of Justice can enforce rules that should protect the consumer if this happens.  Private attorneys can also represent consumers that get ripped off by car dealers.  This will hopefully help educate dealers on the various laws they have broken and provide them an incentive to change their behavior.  Other issues such as banks charging hidden fees or debt collectors calling in the middle of the night are all issues that regulatory agencies and lawyers are constantly battling to prevent.  The bottom line is that if you feel you were ripped off  there are agencies and lawyers that are eager to assist. 

If you have any questions feel free to call Jeremiah Ross at 503.224.1658.  Jeremiah Ross represents persons in Personal Injury matters, Auto Fraud cases, and crime victims.  LEGAL STUFF: Please note Ross Law is not affiliated with the Department of Justice or the FTC or any other state or federal agency.  This blog post and web-site are not to be considered legal advice, but could be construed as Attorney Advertising.

 

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Reimbursement for Transportation to Crash Related Medical Appointments?

Here in Oregon we are fortunate to have Personal Injury Protection Benefits, or "PIP" benefits.  PIP benefits are no fault auto insurance benefits that allow people that are in car crashes to receive up to $15,000.00 to cover crash related medical expenses.  (Click here for a more detailed explanation of all PIP benefits and limitations).   Although the law mandates Oregon Auto Insurers to provide PIP benefits, it is not always clear exactly what are crash related medical expenses.  More specifically, does an Oregon Auto Insurance policy provide benefits to reimburse a person to travel to medical appointments?  Oregon's Supreme Court recently said no.  PIP benefits do not include transpiration costs to receive medical benefits.  

This is a blow to injured people in Oregon that rely on these benefits, and especially rural Oregonians.   This is due to the fact that folks living in urban areas have easy access to medical care.  However, people living on the Oregon Coat, in Southern Oregon, Central Oregon and Eastern Oregon may have to travel hours to see a medical specialist and even stay in a hotel.   Unfortunately, Oregon's Court did not find that argument compelling.

The Oregon Supreme Court  addressed the issue of whether or not medical transportation is reimbursable under Oregon's PIP law, ORS 742.520 (1).  In Dowell v. Oregon Mutual Ins. Co. 361 Or 62 (2017),  the court analyzed the 2007 PIP statute which notes Oregon Auto Insurance Policies must have a provision that that covers:

"All reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $15,000 in the aggregate for all such expenses of the person.” ORS 742.524(1)(a)

It is important to note, the law has since changed to allow services for two years after the date of the person's injury.   However, that did not effect the court's analysis in this case.   The court determined ORS 742.524 did not intend expenses for ordinary transportation to receive medical treatment or to obtain medication .  Again this is not good news for injured Oregonians and we can only hope for a legislative fix.   

All hope is not lost though.  You may still be able to recover transportation costs to medical care from the at-fault driver.  If you or someone you know has questions about your PIP benefits please call Jeremiah Ross at 503.224.1658. Ross Law LLC is happy to give you a free telephonic case evaluation.    

Also, remember the law is always changing.   Please rely on the text of the Court's decision and not solely on this post. Also, remember to rely on the current statute as the legislature is constantly changing the laws.   Lastly, this post is not intended to be legal advice and is for informational purposes only.   This could also be considered legal advertising.   

Superlawyers Recognizes Jeremiah Ross as a Personal Injury Rising Star Again!

Superlawyers selected Jeremiah Ross as a personal injury rising start for 2017.  This is the second year in a row Jeremiah Ross has been selected by Superlawyers as a Rising Star in Personal Injury cases.   According to Superlawyers the Rising Star selection is an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Oregon receive this distinction.  

According to Superlawyers, "Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys."

If you would like to have a free personal injury case evaluation by Jeremiah Ross call Ross Law at 503.224.1658