Be Safe This Labor Day Weekend!

The Oregonian published a fantastic article informing people how to stay out of the hospital this Labor Day.  It is a good read, but here are some of the highlights:

Be Safe Boating and Swimming:  Bottom Line is do not get in a river or lake without a life jacket.  Even excellent swimmers can cramp up, be stunned by cold water, or encounter an unanticipated danger.  Life Jackets are a necessary insurance policy for those on the water.   Also, Boating under the influence is deadly.   People are injured and killed every year in boating crashes that were caused by Boating Under the Influence.  

Avoid Bike Crashes-As an attorney representing injured cyclist, I see the same types of incidents. Most bike verse car crashes are caused by the vehicle driver not seeing the cyclist.  The article notes bike injuries can be serious.  Skull fractures, pelvis fractures, rib fractures, and extremity fractures, and internal organ injuries, can all happen in a split second from a driver or cyclist not paying attention.  These crashes can be catastrophic, so pay attention.  Cyclist need to remember bright clothing and to use their lights at night.

Drinking and Driving Crashes-As a personal injury attorney I have represented people that were victims of DUII crashes.  These people were minding their own business driving down the road when a person chose to consume too many alcoholic beverages and crashed into them.  Many of these crashes happen at high speeds and can be deadly or debilitating.  

These are just a few of the dangers that increase during the summer months.  If you or someone you know have been injured due to the negligence of another call personal injury lawyer Jeremiah Ross at 503.2241658.  Ross Law LLC is a Portland Oregon personal injury law firm that is not affiliated with the Oregonian.  This blog may be considered attorney advertising. 

Salvaged Cars Flooding into Oregon

Hurricane Harvey is currently pummeling the Texas Coast line.  Buckets of rain have fallen and are expected to continue to fall over the next couple of days.  Major cities have flooded.  People have left their homes in search of safety until the rain and flooding subsides.  Once the rain stops the clean up will begin. Katrina and Sandy have taught us that clean up can take years.  There are entire industries dedicated to natural disaster clean up. Of particular concern is the industry that has evolved to remove and resell the hundreds of thousands of flood vehicles.

Flood vehicles are vehicles that have been in flood areas and the vast majority of them have been partially submerged for a period of time.  These vehicles can develop terrible mechanical and electrical issues even though they may look great.  I have litigated cases involving Hurricane Sandy cars being sold in, or through, Oregon.  Throughout that litigation, I learned how thousands of cars get out of the flood zone and are resold throughout the country.  

First, an insurance company representative typically will go through neighborhoods seeking out homes and vehicles that are insured by their insurance company.  The insurance company employee, or subcontractor, then briefly inspects the vehicle.  The insurance company often renders the vehicle a total loss on the spot.  Then the insurance company immediately initiates the process to total the vehicle and title it as a Flood Vehicle. The vehicles are then transported from the neighborhood to a large holding area.  Thousands of vehicles are then auctioned off and sold around the Country and the world.  Some of the vehicles will wind up in Oregon.

Prior to coming to Oregon, some of the titles may be washed.  Title Washing is a process where a vehicle with a branded title, such as a Flood Vehicle, will be titled in a state that may issue a clean title to that vehicle. Then the vehicle is re-sold and may wind up at your local used car dealer.  The new Title will not be a "branded" or a "Flood" title, so consumers will not be alerted the vehicle will likely have serious electrical or mechanical issues.  

Some dealers will rip consumers off in a more brazen fashion.  These dealers simply take the consumer's money and then provide the branded title after the funds have cleared. Then the dealer claims they informed the buyer that the vehicle was a flood vehicle.  Dealers often have unwary consumers sign a piece of paper noting the vehicle maybe a flood or salvaged vehicle, However, the dealer will simply state this is a standard form.  Then once the salvaged title is provided to the consumer, the dealer uses the document as a defense to claim the consumer knew of the branded title

Buyers need to beware of flood vehicles over the next few years.   If a consumer unknowingly purchases a flood vehicle, then the seller may be liable for the violations of various State or Federal Laws.   

What you Can Do To Try And Ensure You Do Not Purchase a Flood Damaged Car:  It is important for Oregon Consumers to inspect any vehicle they may buy.  That great deal on Craigslist may actually be a terrible deal for a car that is plagued with electrical issues.   Oregonians should inspect the vehicle.  Consumers should examine underneath the vehicle to ensure there are not any mineral deposits, a "silt line," or significant mud.  The headlights may have mud or debris lines inside of them.  The interior and trunk should be inspected for any discoloration that indicates flooding.  If the vehicle smells funny (either of mold or heavy chemicals) that may be an indication of flooding.  The consumer should turn on and off all of the lights and radio, and operate any electrical features (windows, sunroof, rear windshield wiper)to ensure they all function properly.  

The consumer should also pull a title history report from Carfax or AutoCheck to determine: 1) if the vehicle has a branded title, and 2) to determine if the vehicle is from Texas.  However, these reports are not always accurate so they shouldn't solely be relied upon.   If the vehicle was bought or sold at a "Copart" auction yard that is a big red flag that the vehicle had a salvaged title. These tips may assist consumer's in protecting themselves from buying a flood car, but it may not completely protect you.

If you, or someone you know, purchased a vehicle that you believe is a flood vehicle, lemon, or has a salvaged title, then call Jeremiah Ross for your free case evaluation.  Call Oregon Lemon Law lawyer Ross Law LLC at 503.224.1658.  Please remember this is attorney advertising. 

Eclipse Traffic Hazards and Crashes

The Eclipse has come and gone, but people have begun leaving the "zone of totality."   State officials have warned of significant traffic issues due to the eclipse visitors heading home after the viewing.  Also, numerous people pulled off the side of the road to view the eclipse and will simultaneously get back on the road. These traffic jams can result in many rear end collisions, road rage incidents, and people speeding once the traffic thins so they can make up for lost time.

This is not the safest time to drive because sitting in traffic can also make people drowsy.  A drowsy driver is a dangerous driver.  Also, people are constantly taking their eyes off of the road to examine the eclipse. There is also a concern of Eclipse partiers hitting the road while they are still under the influence.  Obviously, impaired drivers can cause serious crashes.   Visitors that are unfamiliar with the roads can often make erratic lane changes or other unsafe maneuvers.  Also, many visitors are driving rental cars they are unfamiliar with.  This can result in a crash. These incidents can cause unnecessary and preventable injuries or death. Please remember to take your time if you are on the roads today.   Be safe! Remember,  Oregonlive has constant updates.  For more information on the Eclipse Traffic visit:

Headed out to view the solar eclipse? Check the traffic before you go. Live traffic cameras courtesy of Oregon Department of Transportation.

If you, or someone you know, find yourself in a crash on one of Oregon's rural roads or major urban freeways, please call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658.

Oregon Court Decision Helps Crime Victims Recover Losses

Many crime victims do not realize they have a right to recover restitution for their out of pocket losses.   Oregon Law allows crime victims to recover "economic damages" that were a result of the criminal's activity.  ORS 137.106(1).  This typically means that crime victims and survivors can recover out of pocket losses that were a result of the criminal's behavior.  Economic damages are typically hospital bills, surgery bills, mental health bills, property damage bills, and past lost wages.  Economic damages are not things like embarrassment,  pain, suffering, and humiliation.

There are different avenues for victims and survivors to recover damages for pain, suffering, humiliation, embarrassment, etc.  However these types of damages are not part of criminal restitution, and most victims and survivors will have to use the civil court to obtain full compensation for their harms and losses.  

However, the term "economic damages" is often disputed by defendants that do not want to pay victims for all of the harms and losses they cause.   Recently Oregon's Supreme Court clarified victim restitution issues with their ruling of State v. Ramos.  The Court noted that a defendant is responsible for all economic damages that are a result of the criminal activity.    The court addressed whether or not 1) that damages are limited to harms that result from reasonably foreseeable risks and 2) whether or not attorney fees and litigation costs are generally not recoverable as restitution unless authorized by statute or contract.  

The Ramos Court concluded,   "reasonable foreseeability is a limiting concept that applies to an award of economic damages under ORS 137.106."  What this means in layman's terms is that the economic damages must "result from" a defendant's criminal activity in the "but for" sense and must be a reasonably foreseeable result of the defendant's criminal activities.  The court also determined that in some cases that a victim or survivor's attorney fees and litigation costs may be recovered as part of criminal restitution.   This case is a good tool for prosecutors to assist victims and survivors obtaining restitution. 

If you or someone you know have are a crime victim and have medical bills, mental health bills, property bills, or have suffered harms, losses, embarrassment, humiliation, pain, or suffering as a result of another's conduct, please call Jeremiah Ross at 503.224.1658.  Please remember the law is constantly changing.  Call a lawyer or ROSS LAW instead of relying solely on this post or the law cited in this post.

Ross Law Has Been Busy Getting Results For Clients....

Over the past couple of weeks, we have been very busy.   Two weeks ago we were in a Jury Trial on a motor vehicle crash case.  My client suffered soft tissue injuries. The insurance company made a low offer.  The Jury sided with my client.  The Jury's verdict was more than the defendant's insurance company's best offer by roughly 1/3.  This was a very good result. 

Later that week we resolved a consumer case involving a newer luxury automobile.  My client had taken his vehicle to an authorized dealership for an inspection because it wasn't running right.  The dealer missed a diagnosis and did not notice the oil needed to be changed.  The engine oil sludged up and the engine seized a couple of days after the vehicle was released from the dealer.  We later learned the vehicle's motor had a design issue and the manufacturer had changed the type of oil to put in the vehicle.    We began the process of arbitration.  Then the major local car dealership and a luxury auto manufacturer asked us to engage in mediation.  The dealer agreed to pay to have our dispute mediated.   Prior to mediation the dealership and manufacturer refused to make any offer.  However, the case settled even though we were prepared to arbitrate the case.  My client received money for the engine replacement plus an amount for costs and attorney fees. 

Last week, I was preparing for a trial at the end of the month for an animal bite case.   This case involved a cat bite.  Yes, that is correct, a domestic cat bit my client's hand.  The bite became infected and my client was hospitalized.  Prior to filing the case and preparing for trial, the insurance company refused to make an offer despite tens of thousands of dollars of medical bills.  However, after I worked the case up we were able to settle the case for a substantial sum of money.   My client was thrilled with the result. 

If you or someone you know have any legal issues, call Ross Law LLC at 503.224.1658.  We are happy to discuss your personal injury case, consumer case, or crime victim case.  Please remember that results may vary. Also please note, this is attorney advertisement material.

Jeremiah Ross Featured in "Superlawyer" Publication

Jeremiah Ross has been featured in the Superlawyers publication as an Oregon Personal Injury Rising Star for 2017.  Superlawyers has a unique selection process in which peers submit candidates to be selected as Rising Stars.  Jeremiah Ross has been selected as a Personal Injury Rising Star for two years in a row. 

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

June 2017 was a Deadly Month for Oregon Drivers. Please be Safe!

The traffic was light as I drove to work this morning, because most people are taking advantage of the 4th of July Holiday.   Thousands of Oregon families are going to return from their long weekend tomorrow or Wed.  Hopefully, these holiday drivers will remember to slow down, pay attention, and stay off of the cell phone.   June was a deadly month for Oregon's drivers, and we can only hope July is much safer.  Please drive safely.

“June 2017:

At least 27 people died on Oregon’s roads.
The ages of the deceased ranged from 9 months old to 92 years old.
The crashes occurred all the way from the Oregon Coast to Baker City, Oregon.
”

— Oregonlive

If you or someone you know, have been injured in a car crash, please contact Jeremiah Ross for your free case evaluation.  Portland Oregon Personal Injury law firm, Ross Law LLC can be reached at 503.224.1658.  This post is for informational purposes only and should not be used for any other purpose