Crash on Powell This Morning Was a Needless Rear-End Crash

My morning commute is often exciting.  My two kids in the back seat keep things entertaining and energetic for my wife and I.  This morning there was some additional excitement in the commute.  A car rear-ended a truck on Powell Blvd.  The vehicle occupants did not appear to have any catastrophic injuries.  However, this is a classic rear-end crash where soft tissue and whiplash-type symptoms will arise after the adrenaline subsides.  Additionally, Concussions and Mild TBI's are common with these crashes. These crashes are completely avoidable if drivers pay attention, eliminate distractions, drive at a safe distance from the car in front of them and drive at a safe speed.

If you or someone you know has been injured in a car crash in Oregon call Jeremiah Ross at 503.224.1658 for your free case evaluation.   Ross Law PDX is happy to assist personal injury clients in obtaining compensation for their injuries. BTW:  My wife took the photo while I was driving.  

How Long Does an Oregon Vehicle Dealer Have to Pay Off Your Trade-In?

I regularly get calls regarding dealers that are sitting on vehicles that a consumer has traded in. If the trade-in had an outstanding balance on the car loan (lien) then it needs to be paid off.  If it the trade-in's loan is not paid off quickly, the consumer will likely incur additional fees.  This is because of the pay-off date lapses, or the consumer misses a payment because they expected the trade-in to be paid off before the next car payment.   

Oregon Law prescribes exactly how much time a dealer has to pay off the lien in full.  More specifically, the Oregon Administrative Rules mandate that a dealer has 15 days to pay-off he lien holder of your trade.   If the dealer fails to do so an Oregon lawyer, such as myself, can hold them accountable. 

If you think you have been ripped off by an Oregon vehicle dealer then call Ross Law PDX at 503.224.1658.  Please remember the law is constantly changing, so do not rely solely on this post.  Please contact an Oregon Lawyer if you think you have been ripped off, sold a lemon, or have been a victim of auto fraud. 

PUT THE PHONE DOWN! NATIONAL DISTRACTED DRIVING AWARENESS MONTH

It is a no-brainer that people need to put their cell phones down while driving.  However, despite the legal consequences of driving with a mobile device in your hand while driving, people continue to do so.   People also apparently have no issues with the fact that they are putting other drivers, cyclist, and pedestrians in danger if they are texting or using their mobile device while driving. This may explain why the number of traffic injuries and fatalities are on the rise.  In an effort to bring MORE awareness to this issue various agencies have declared April "National Distracted Driving Awareness Month."  Hence, this blog post.

Put the Phone Down and focus on Driving. As a personal injury lawyer, I have to represent too many people injured in an Oregon crash caused by a distracted driver.  There is no excuse for messing with the phone while you are driving.  It puts other lives in danger, and technology has made it absolutely unnecessary.  That is why I have no qualms about seeking punitive damages from a cell phone using defendant that has injured one of my clients. 

If you or someone you know has been injured in a car crash then call Ross Law PDX and Jeremiah Ross.  Oregon Personal Injury Lawyer Jeremiah Ross will provide a free case evaluation.  Call Ross Law PDX at 503.224.1658 to discuss your crash injury case, cyclist injury case, pedestrian injury case, or wrongful death case.  Please remember that this post is for information purposes only.  It is not to be considered legal advice. 

Three Things To Know About Oregon's Lemon Law and Motor Homes:

Oregon recently changed its lemon law to protect consumers who purchased motorhomes.   However, consumers should be aware of its limitations and applicability.  Consumers should take note of the limitations prior to contacting an Oregon Lemon Law Lawyer or Auto Fraud Lawyer.  If you have general questions about Oregon's lemon law click here.

Three Things You Should Know: 

Oregon's Lemon Law DOES apply to "Motor Homes" but not "Living Components:"  Oregon recently changed the lemon law to allow it to apply to new Motor Homes.  I don't know how many calls I get from folks who have purchased Motor Homes that have non-conformities.  This new change in the law is likely to result in a new arena of litigation.   Some New Motorhomes are plagued with water leaks, electrical issues, and issues with the living facility components (think flooring, plumbing fixtures, appliances, water heater, fabrics, door and furniture hardware, lighting fixtures, generators, airconditioning units, cabinets, furniture, etc.)   The Lemon Law only applies to some of these non-conformities. The law does NOT apply to any of the living facility components.  If your fridge doesn't keep the fish cold, the lemon law doesn't apply.  If your water heater explodes they day after purchase, the lemon law doesn't apply.  If the plumbing backs up the day after purchase the lemon law doesn't apply.  You get the point.  However, if the engine fails then it would apply.  If the roof Leaks, Oregon's lemon law may apply.    

Oregon's Lemon Law Does NOT Apply to Travel Trailers:  Oregon's lemon law only applies to "Motor Vehicles."  The law specifically excludes:  "a trailer, a camper, van or vehicle manufactured by an entity that primarily manufactures motor vehicles other than motor homes as defined by this subsection." 

The Prevailing Party May Be Awarded Costs Expert Fees, and Attorney Fees:  Oregon's lemon law allows for the prevailing party of a case involving a motor-home to be awarded costs, expert costs, and attorney fees.  This is important to note, because if a consumer loses their lemon law case they may be ordered to pay the manufacturer's costs and fees. This is different than a case involving a car or a truck. 

If you have questions about Oregon's Lemon Law or RV Dealer fraud call Jeremiah Ross at 503.224.1658.  Ross Law PDX handles RV and Motorhome Lemon Law cases throughout Oregon.   Please remember this post is for informational purposes only and is not to be considered advice.  If you have any questions contact a lawyer and do not rely solely on this post.  This post can be considered attorney advertising. 

Bought a Lemon? Five Things To Know About Oregon's Lemon Law

PLEASE NOTE ROSS LAW CURRENTLY CANNOT HANDLE THE VOLUME OF CALLS AND POTENTIAL CLIENTS WITH LEMON LAW AND AUTO-FRAUD CASES.

Auto Fraud and Lemon Law cases are often tragic.  For many people, a vehicle is the biggest purchase of their lifetime.  They spend thousands of dollars on a vehicle and then the vehicle breaks down.   Most of these people hit the internet and attempt to learn as much as they can about Oregon's lemon law and become misinformed.  I field too many calls from uninformed or misinformed consumers.  The five issues below should dispel many myths about Oregon's Lemon Law and help consumers get a basic understanding of Oregon's lemon law.  Remember if you have questions about Oregon's Lemon Law call an Oregon Lemon Law attorney.

1) Oregon's Lemon Law Only Applies in Very Limited Circumstances:  Oregon's lemon law does not cover all of Auto Fraud.  It only covers a limited number of vehicle purchases and has certain hurdles that a consumer must jump through.   Basically, Oregon's lemon law may apply if a person is a "consumer" (see below) under the lemon law; the new motor vehicle does not comply with the manufacturer's express warranties; the consumer reports each non-conformity to the manufacturer (think agent or authorized dealer), with the purpose of allowing the manufacturer to repair or correct the defect or non-conformity. The consumer must report the non-conformity during the two year period after the consumer took original delivery of the motor vehicle, or during a period that ends on the date which the vehicle's mileage reaches 24,000 miles, whichever ends first.  The law also requires the consumer to provide direct written notification to the manufacturer and provide the manufacturer the opportunity to correct the non-conformity.  A written request directed to the manufacturer for "informal dispute resolution" can be considered "Notification" to the manufacturer.   In summary, just because you bought a car that broke down does not mean it is a lemon.

2) Oregon's Lemon Law ONLY applies to NEW Vehicles:  Oregon's lemon law only applies to new vehicles.  The law specifically defines who a "consumer" is under the Lemon Law.  Oregon Law defines a "Consumer"  as,  " the purchaser or lessee, other than for purposes of resale, of a new motor vehicle used for personal, family or household purposes. "  The good news with this definition is that it means that the lemon law protects people that buy and lease vehicles.  The bad news for most people is that the law only applies to brand new vehicles.   That doesnt' mean people that bought used vehicles do not have a remedy.  They just can't use the lemon law.  Instead, they may have to bring an action under the Unlawful Trade Practices Act, Magnuson Moss Act, Contract Law, or common law Fraud.  

3) Oregon's Lemon Law Does NOT Give You An Automatic Opportunity to Unwind The Deal:  People often call and tell me they have a thirty day right to return their vehicle after the purchase.  Some consumers say they have three days to return the vehicle, but the dealer won't take the vehicle back.  In most cases that is incorrect.  Oregon's Lemon Law does NOT have a provision that permits a person to automatically unwind the deal within a specified period of time for any reason.   

4) The Vehicle is Presumed a Lemon In Some Circumstances (Think 3 repairs or 30 days):  Oregon's Lemon Law presumes that a vehicle is a lemon if either of the following occurs: 1) the manufacturer (agent or an authorized dealer) has been attempted to repair or coorrect the non-conformatiy three or more times and had an opportunity to cure the defect, OR; 2) the vehicle is out of service for more than 30 calendar days (60 Days for motor homes) for the purpose of making repairs, OR; 3) the non-conformity involves a defect that is likely to cause death or serious bodily injury and the manufacturer (agent or authorized dealer) has had at least one chance to repair or corrcect the issue and made a final attempt to correct it and it still exists.   This presumption has certain time limitations and only applies if the manufacturer has received prior direct written notification from a consumer and had the chance to repair the defect.  If the presumption doesn't apply your vehicle may still be a lemon, it just becomes a more difficult case.  

5) If You Have a Lemon You May Receive A Substantial Amount of Money:  If the manufacturer forces the matter to court, did not act in good faith, and you win, then the manufacturer may have to pay the consumer up to three times the amount of any damages.  This amount is capped at $50,000.00 though.  The manufacturer may also be required to pay the consumer's court costs, expert fees, and attorney fees. This provision in the law permits lemon law lawyers, such as myself, to take these cases on a contingent fee. 

Auto Dealer Fraud and Oregon's lemon law is a complicated area of law.  The law is always changing and much of the rights and obligations of the parties are found in the contracts between them.   What this means is that most consumers are going to need to discuss their matter with a lawyer rather than jumping to conclusions after some brief internet research. 

REMEMBER!!! There are exceptions to the five issues above and many of the areas addressed are considered gray areas.  Therefore PLEASE do not rely solely on this post.  The law is constantly changing.  This post is not intended to be legal advise and is attorney advertising

If you need to discuss things with a used lemon law and Auto Fraud lawyer call: Hansen and Walgenkim. Please note Ross Law is not affiliated with Hansen and Walgenkim in any way, nor does Ross Law or Jeremiah Ross guarantee they may be able to provide adequate assistance to you.

A Personal Injury Lawyer Can Help With Medical Providers

Roughly once a week someone takes the time to send a Thank You card to my office.  Many come from clients.  Some come from vendors.  Sometimes they come from medical providers.  This week I received a lovely card from a Chiropractor.  The Chiropractor had been the treatment provider for a car crash client in a case I was involved in.  The case went to trial and he testified on behalf of our client. A couple of weeks after the trial we had lunch to discuss the trial.  During the conversation, we also started to discuss how Oregon personal injury lawyers should be assisting their clients with medical providers.  Things like billing issues, referrals, and obtaining medical records were all topics of discussion.

Many of my Personal Injury clients already have a medical provider when they come to see me.  If that is the case then I do my best to help the provider with any insurance billing issues they may encounter.  This allows my client to focus on getting better and the provider can deal with my office that regularly interacts with insurance companies. 

My office can also work with a provider who is treating a client who had their personal injury protection benefits terminated by their insurance company.  There are various ways to do this, but often the medical provider is concerned about payment for future services, so it is my office's responsibility to assuage those concerns and do my best to force the insurance company to reinstate PIP medical benefits. 

Occasionally my personal injury clients will ask for a referral to a medical provider.  I do not have a common referral list, but there are some providers that I have told my clients to steer clear of.  At the end of the day, the client needs to be with a provider that they feel comfortable with.  

If you, or someone you know, has been injured by another and need a free case evaluation call Portland Oregon Personal Injury Attorney Jeremiah Ross at 503.224.1658.  At Ross Law LLC we do our best to help people injured in Car Crashes, Bus Crashes, Trucking Accidents, Bicycle crashes, Bike Crashes, Motorcycle Crashes, and dangerous premises cases.  Please remember this post, this blog, and website can be considered ATTORNEY ADVERTISING. 

5 Myths About Concussions & Car Crashes

Last week I attended the Brain Injury Alliance of Oregon's annual Conference.  It was fascinating to hear about the current state of the medical science from medical experts.  Most of the speakers addressed some of the misconceptions about brain injuries.  Many of these misconceptions affect people injured in car crashes and other accidents.  Brain injuries can be called various names depending on who you talk to.  Concussions, Traumatic Brain Injuries, TBI, Mild Traumatic Brain Injuries, Mild TBI, MTbi, post-concussive syndrome are all various names for brain injuries.  These brain injuries are very common in car crashes.  Concussions and Mild TBI can occur in low speed rear-end collisions.

Myth 1:  You must Lose Consciousness to have a Mild Traumatic Brain Injury (MTBI).  According to the CDC and the recent medical literature, this is flat out wrong.   A person need not lose consciousness, get "knocked out," or "black out" to have suffered a concussion.   The CDC notes, "[M]ost concussions do not result in a loss of consciousness. Not being able to remember events (amnesia) prior to, or following the injury, for a period of time is another sign of a concussion. Yet, some people simply feel dazed or confused."  

Myth 2:  X-Rays, MRIs, and CT Scans Always Show a Mild Traumatic Brain Injury. According to medical literature, this is also FALSE.  That is why many medical providers at the emergency room will not order medical imaging for people who exhibit post-concussive syndrome or Mild TBI symptoms after a motor vehicle crash.   There are various medical tests that can be administered to diagnose a concussion and MTBI, but imaging is not reliable enough to diagnose many mild TBIs.   Click here for more information.

“Symptoms of a Concussion after a Car Crash
1) Thinking/Remembering: Difficulty Thinking Clearly and remembering after the crash.
2)Physical Problems: a Headache, Nausea, Balance Problems, Blurry Vision, Feeling Tired, Sensitive to Noise and Light.
3) Emotional/Mood: Irritable, Sad, Nervousness
4) Sleep DIsturbance: Sleeping more or Less than usual.”

— Center for Disease Control

Myth 3:  Mild TBI Symptoms or Concussion Symptoms Appear Right After the Car Crash:  According to the Mayo Clinic, concussion symptoms may be delayed for hours or days after the injury.  This means that you can be in a car crash on Monday and your concussion symptoms may not appear until Friday.  

Myth 4: You Must Hit Your Head to Have a Concussion or Mild TBI:  According to the CDC's definition of a concussion/mild traumatic brain injury this is also FALSE.  The CDC affirms, "A concussion is a mild form of traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head."  The "jolt to the head" portion of the definition affirms that a person does not need to strike their head, but only needs to have their head jolted.  This "jolt" is very common in car crashes.  Especially in rear-end collisions.

Myth 5:  Insurance Companies Are Aware of the Above Myths and Will Compensate You for Your Crash Caused Concussion:  This is flat out false. I have witnessed Insurance companies use the concussion myths at trial and during settlement negotiations. Specifically, Insurance companies use outdated science and medicine to try and convince people that they could not have had a crash caused concussion or MTBI if they did not lose consciousness.  Insurance companies will also claim that a person could not have a concussion if they did not hit their head in the crash.   

Insurance Companies will assert that because there is no Medical Imaging showing a Concussion or Mild TBI then it did not occur.  Insurance companies often use hired guns that are neuropsychologist to claim the person has a psychological issue that is causing the symptoms, and the symptoms are not related to the crash.  In short, they will claim a car crash victim with a Mild TBI is either malingering or suffering from a psychiatric condition causing the symptoms.   This is why it is imperative for you to consult with a personal injury lawyer if you have a concussion or mild TBI and are involved in a motor vehicle crash. 

Please call Jeremiah Ross at Ross Law PDX at 503.224.1658 for your free case evaluation.  Jeremiah Ross has experience with Traumatic Brain Injury Cases and Mild TBI/Concussion cases and will do his best to fight to get you full compensation for your crash caused injuries. Please remember to CONSULT WITH A MEDICAL PROFESSIONAL if you think you have a head injury or any other medical condition.  This post is for informational purposes only.  The definitions and medical science are constantly evolving so please keep that in mind.  

Portland's Snow Is Gone, But Crash Injuries Will Linger...

This week snow blanketed the Portland Metro area down into Eugene and Springfield.  The snowstorm also covered roads from Newport to Astoria.  Many people have become casualties of the storm due to other drivers driving too fast, following too closely, or failing to brake in time.  As a result, there are a lot of people who were in low-speed collisions that are now just starting to suffer the full effects of their injuries.  Below are a few things to remember about these crashes.

See A Medical Provider if You Suspect You Are Injured:  Many low-speed collisions cause what are known as "soft tissue" injuries in the medical field.  Some lay-people and even some medical providers refer to these injuries as "whiplash."  Whiplash is usually a type of soft tissue injury that is synonymous with a neck strain.  These soft tissue injuries occur when the force of the crash tears and stretches muscles and ligaments.  These tears and stretches are commonly referred to as strains and sprains.  

Many times people do not immediately feel the effects of these injuries.  There are various reasons for this because each person is different.  However, after a few days, the pain and discomfort usually set in.  Many people do not see a medical provider because they hope that the pain is going to go away.  In some people it does, but in many people, the pain and symptoms persist.  It is best to get examined as soon as possible.  Medical Doctors, Osteopaths, and Chiropractors can assess you and monitor your injuries. 

You Should Have $15,000.00 of No-Fault Insurance to Pay Medical Expenses:   If you have an automobile insurance policy issued in Oregon then you have $15,000.00 in no-fault insurance benefits.  This no-fault insurance has certain limitations, but it will typically cover up to $15,000.00 of crash-related medical expenses.  However, it only covers treatment for two years from the date of the crash.   These benefits are called personal injury protection benefits, or "PIP."   Read here for more PIP information. If you have insurance questions call Ross Law PDX at 503.224.1658 to speak with personal injury lawyer Jeremiah Ross.  

You Don't Have to Talk to the Bad Driver's Insurance Company:  The bad driver's insurance adjuster is going to be calling to attempt to take recording statements. The insurance lawyer will later attempt to use this statement to justify offering you a low dollar amount.  The day after the crash the adjuster will ask you if you are injured, where you hurt, and if you are going to the doctor.  If you say you are a "little sore" and later need back surgery as a result of the crash, the insurance company will to try and use this statement against you.  The insurance company will try and show that after the crash you had a minor injury that healed.  They claim something else is the cause of your injury that necessitated surgery. Click here to learn more about whether or not you need to speak to an insurance adjuster. Bottom line, if you are unsure if you need to talk to an insurance company call Ross Law PDX at 503.224.1658 for your free case evaluation.

Insurance Companies WIll Make a Low-Ball Offer Right After a Crash: Insurance companies usually attempt to capitalize on these early days after the crash.  If they fear that you may have suffered an injury they will likely try and get you to settle your case as quickly as possible before you realize the full extent of your injuries.  That means that in the next few days insurance adjusters will be hitting the phones, knocking on doors, and emailing injured Oregonians trying to lean on people to take their low-ball offers. 

Lawyers Will Represent People in Smaller Value Cases:  Many people do not call a personal injury lawyer because of two main reasons.  First, injured folks are unsure about how much a lawyer will cost.  This is not a valid concern because the overwhelming majority of personal injury lawyers will give a free case evaluation.  Most personal injury lawyers also work on a contingency fee. 

The other reason people often do not call a personal injury lawyer is that they do not think their case is large enough to warrant representation.   However, Oregon has a small case law that provides economic incentives for attorneys to represent folks in these small cases.  Without these economic incentives, insurance companies would be able to offer little, if anything, because they would be aware that the cost to pursue the case would subsume any award the client would receive.  Click here to read more about Oregon's Small Case Law (ORS 20.080)  

There are too many topics to cover in one blog post.  If you have any questions or are in need of help please call Ross Law at 503.224.1658 for your free case evaluation.  Please remember that this post is for informational purposes only and you should consult with medical professionals and attorneys.  Do not solely rely on this post.