Why Driving in Portland More Dangerous Than Ever?

A few years ago Portland drivers were a rare breed. Drivers were extremely cautious, considerate, and courteous. However, that abruptly changed in 2020. Now Portland drivers speed, tailgate, abruptly change lanes and run red lights. Many vehicles don’t have license plates and hit and runs are all too common. Traffic deaths in 2021 were the highest they have been in 3 decades. What happened in 2020 and 2021 that made driving in Portland so dangerous?

According to Willamette Week the three major contributors to Portland’s dangerous drivers are 1) speed; 2) impairment; 3) and “lack of enforcement of traffic laws.” More specifically there were 90% fewer traffic stops than in 2020. More specifically, in the first court of 2020, there were 4,678 traffic stops. In 2022 there were only 471 traffic stops in the first quarter. It is obvious that Portland’s drivers know it is very unlikely they will get a speeding ticket or be pulled over, so there is no need to comply with the law.

The obvious question then becomes why are the police not pulling people over for breaking the law? According to Willamette Week and the Portland Police Bureau, it is due to the City’s decision to underfund the police department which resulted in disbanding the traffic division so those officers could respond to other calls. In addition to the lack of the number of police officers to enforce traffic laws, Portland’s leaders also intentionally enabled traffic violators by directing the Police department to “discontinue many low-level stops” to make the city safer and more equitable. Most of these “low-level stops” were for breaking traffic laws that were drafted to keep people safe.

What is being done to make driving in Portland Safer? That depends on who you ask. According to past Mayoral candidate Sarah Iannorone she believes that people just need more education and better infrastructure, but is opposed to any increased traffic law enforcement. It is obvious that people know that speeding and driving dangerously can result in injury or death, so it is unclear how Iannarone’s ideas are going to make anyone safer. Law enforcement has conceded they don’t have the resources to enforce traffic laws at an effective level, so until things change in the City’s leadership we are stuck with what we have.

What can you do if you were in a crash with a dangerous or reckless driver, or if your relative was killed in a traffic fatality? Personal injury lawyers are one of the only deterrents to Portland’s bad drivers because many people know that if they get in a crash they will likely have to pay for the hell that they cause to the injured person. If the bad driver is uninsured, a good personal injury lawyer may still aggressively pursue the bad driver until the client is compensated.

For example, Portland Personal Injury Lawyer Jeremiah Ross recently represented a woman that was hit by an uninsured driver while she was crossing the street. The uninsured driver claimed he had no insurance and no assets. Ross Law filed a lawsuit against the bad driver’s wife for negligently entrusting her uninsured vehicle to her uninsured husband who ran into a lady in a cross-walk. The wife had the financial resources to pay for the injured pedestrian’s pain and suffering and medical bills. Undoubtedly the wife of the bad driver had a serious discussion with the bad driver about his negligent driving.

If you or someone you know has been injured in a traffic crash call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law represents people throughout Oregon that have been injured in traffic crashes.

Please note that this blog is for informational purposes only and the majority of the information contained in teh blog is from teh June 24, 2022 Willamette Week article, “As traffic crashes and deaths continue to soar, traffic stops are way down.”

Who is Responsible for a fall in a Hospital?

Hospital falls are all too common these days. These falls can be devastating to the patient. Hospital falls often add significant time to the hospital stay, can interfere with the rehabilitation of the condition the patient is hospitalized for, and it can be financially crippling. Many times the patient will feel responsible for the fall because the patient does not understand the rules and policies that are meant to prevent falls.

Fall Risk

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Fall Risk 〰️

The hospital staff is 100% responsible for preventing falls. This is one of a nurse’s and CNA’s (Certified Nursing Assistant) primary functions. This is because patient falls resulting in serious injury (including “any fracture”) are “sentinel events.” These sentinel events are events that should not happen because they are entirely preventable in a hospital setting.

The Joint Commission noted that sentinel events are usually caused by various factors including, but not limited to, “communication failures, lack of adherence to protocols or safety practices, inadequate staff orientation, supervision, staffing levels, and a lack of leadership.” 

Sentinel events are also called “never events” by the National Quality Forum. The National Quality Forum notes that “patient death or serious injury associated with a fall while being cared for in a healthcare setting” should “never” happen. This is because hospital falls are entirely preventable. 

The Leapfrog Group is an organization that maintains data regarding patient safety in a particular hospital and also provides resources and tools. Numerous Hostpitals are members of The Leapfrog Group. The Leapfrog Group affirms, “Some mistakes in the hospital are so egregious that they are referred to as never events.” As a result of these events, Leapfrog requested hospitals to commit to nine actions if a “never event” occurred: 1) Apologize to the patient, 2) Report the event, 3) Perform a root cause analysis, 4) Waive Costs directly related to the event, 5) Provide a copy of the hospital’s policy on never events upon request, 6) Involve patients in the root cause analysis when willing to participate, and three additional actions.

Additionally, the Centers for Medicare & Medicaid Services (CMS) noted “never events” are “serious and costly errors in the provision of healthcare services and should never happen.” Medicare will not issue payment for treatment associated with a “never event.” In short, in-patient hospital falls only happen if a hospital is negligent, so Medicare is not going to pay for the hospital’s mistake and the patient should not have to pay either.

This may seem harsh, but it is easy to prevent these serious injuries. Hospitals have fall risk assessment tools to determine who is a high fall risk and who will need additional assistance. These are routinely given and are easy to do. Additionally, things like “bed alarms” and “bed rails” are intended to ensure hospital staff is alerted when a fall-risk patient leaves the bed. Hospital staff is usually required to designate the patient as a fall risk and identify them by using a wristband or writing it on the whiteboard in the hospital room. Hospital staff is typically required to stand near a high-risk fall patient and be ready to assist them if the patient is walking (ambulating). Hospital staff is typically required to have the door open and be in a position to assist the patient off the toilet when the patient is a high fall risk. Hospital staff must communicate effectively to ensure the patient understands they are a fall risk. These are just a few things most hospitals can easily do to prevent falls. That is why these “Sentenial Events” should not occur.

If you or someone you know has been injured in a Hospital Fall, call Ross Law at 503.224.1658 to discuss your legal options. Jeremiah Ross has held Hospitals responsible throughout the State of Oregon for failing to do their job to prevent patients from falling. Please remember that this blog article is for informational purposes only and policies, laws, and guidelines can change. Do not rely solely on this post to determine who is responsible for a hospital fall.

Jeremiah Ross Selected as National Trial Lawyer Top 100

The National Trial Lawyers Association has selected Jeremiah Ross as a Top 100 Civil Plaintiff’s Lawyer in the United States. This selection reflects Jeremiah Ross’s dedication to Oregonians and their Personal Injury Cases, Crime Victim Cases, and consumer cases.

If you or someone you know need a personal injury lawyer, crime victim lawyer, or a consumer lawyer in Oregon, please call Jeremiah Ross and Ross Law LLC at 503.224.1658.

What you need to know if you are injured by a reckless driver

Driving in the Portland metro area has become crazy since 2020. Speeding, tailgating, running red lights, and rapid lane changes are a reality on virtually every trip through the Portland metro area. Brazen street racing is all too common.

Prior to 2020, you could call 911 when you saw a reckless driver, and the Portland Police would likely respond. Now, the Portland Police are trying to combat the rampant violent crime in Portland. Even though a person commits reckless driving in Oregon if they recklessly drive in a manner that “endangers the safety of persons or property,” Portland Police will rarely respond to a non-violent crime such as reckless driving.

Even if a person gets cited or arrested for reckless driving it is unlikely that person will receive any jail time or substantial consequences. This is due to the Multnomah County District Attorney Mike Schmidt’s various policies regarding prosecution and jail time for “non violent” offenders.

This has created a perfect storm that has resulted in record numbers of traffic deaths and an enormous increase in the number of people injured in traffic crashes in the Portland Metro Area. So what can we do to hold these dangerous drivers that injure others accountable?

Civil lawyers can seek “punitive damages” on behalf of their clients who have been injured by a reckless driver or speed racer. These are damages that are awarded to punish reckless and dangerous drivers. These punitive damages can be substantial depending on whether or not a lawyer can convince a jury by clear and convincing evidence that the bad driver has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety, and welfare of others. ORS 31.730

For instance, a person with temporary minimal soft tissue injuries with medical bills less than $10,000.00  will most likely find it difficult to receive a substantial award or insurance settlement.  However, if the at-fault driver was reckless in causing the injuries then the injured party may receive more money.  The additional amount will vary depending on the injuries, the reckless conduct, and the “record as a whole.” ORS 31.730   

There are many nuances with punitive damages that should be specifically addressed by an Oregon Attorney.  Sometimes the effort to obtain punitive damages and what it allows the defendant to do may be detrimental to the injured parties case. It should also be noted that the State of Oregon will receive a large portion of a punitive damage award.  Despite these challenges, it is often the only means to truly hold a reckless driver accountable when the criminal justice system fails to obtain justice for the injured victim.

If you have been injured by a reckless driver in Oregon feel free to call Oregon personal injury attorney Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  

Ross Law LLC is always happy to discuss car crash cases with injured persons.  Please remember this post is for informational purposes only and does not constitute legal advice. Punitive damages can be a very complicated area of law and the law is constantly changing, so it is best to speak with an Oregon Lawyer about your case. Please also remember the post on the Ross Law LLC blog can be considered “Attorney Advertising” in some jurisdictions, and this post does not create an attorney-client relationship.