Portland's 10 Most Dangerous Intersections

Portland is known for its pedestrian and bike-friendly streets.  However, things are much different on the East side of town past 82nd Ave.   As a personal injury lawyer, I have represented people that have been injured at various Portland intersections.  A couple of years ago I represented a pedestrian that was struck by a vehicle crossing the street at SE 82nd Ave and Division St.  Thankfully my client was not injured too badly, relatively speaking. However, after some investigation, we determined there was an unusual number of "near misses" with pedestrians crossing the street in the late afternoon.  Recently, Oregonlive published its list of "Portland's 10 Most Dangerous Intersections" and noted all of them are East of 82nd Ave.  I was not surprised to learn that the intersection at 82nd and Division made the list. 

Here is the rundown from the Oregonian: 

No. 10: Southeast 148th Ave. and Stark St.

No. 9: Southeast 92nd Ave. and Holgate Blvd.

No. 8: Southeast 136th Ave. and Powell Blvd.

No. 7: Southeast 122nd Ave. and Powell Blvd.

No. 6: Northeast 122nd Ave. and Glisan St.

No. 5: Southeast 82nd Ave. and Division St.

No. 4: Southeast 174th Ave. and Powell Blvd.

No. 3: Southeast 122nd Ave. and Division St.

No. 2: Southeast 82nd Ave. and Powell Blvd.

No. 1: Southeast 122nd Ave. and Stark St.

Please slow down, remain vigilant, and be extra cautious around these intersections.  Another person does not need to be injured due to the negligence of a driver.  If you or someone you know has been injured at a Portland Oregon intersection call Portland Oregon personal injury lawyer Jeremiah Ross for your free case evaluation.  Please remember Ross Law PDX represents pedestrians and cyclist throughout the state that have been injured by the negligence of others.  We are here to help. Call 503.224.1658.  Please note Oregonlive has done its own independent research, and Ross Law has not verified any of the information noted in this blog.   This blog article could be considered personal injury Attorney Advertising.  

Superlawyers Magazine Is Out-Jeremiah Ross Made the Cut

The 2018 Superlawyer Magazine for Oregon has been published.  Jeremiah Ross was named a "Superlawyer" and is featured on page 26 for his representation of plaintiffs in personal injury cases in Oregon.   Superlawyers notes each candidate was selected based on, "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."  According to Superlawyers, only 5% of lawyers are given the distinction of a Superlawyer. Jeremiah Ross is honored to receive this distinction.   

If you or someone you know has been injured in a car crash or due to the negligence of another, call Portland Personal Injury lawyer Jeremiah Ross for a free case evaluation.  Please call Ross Law PDX at 503.224.1658.  Please note that Jeremiah Ross cannot guarantee case results and all cases and outcomes vary. This post and the Superlawyers website is attorney advertising.  

What to Do if Injured in A Crash with a Shared E-Scooter (Bird, Lime, or Spin)

The invasion of E-Scooters has begun in Portland, Oregon. As a personal injury firm, we anticipate starting fielding calls from people that were injured by a shared e-scooter rider on the sidewalk.  Ross Law PDX  also anticipates we will field calls from e-scooter riders that were struck by a vehicle. People are also likely to get injured by tripping over an e-scooter that is laying on the sidewalk.  (The E-Scooters are called "litter bikes")  Any of these scenarios can result in serious injuries and I hope they do not occur.  When they do occur you should know what you need to do. If you are unable to do these task hopefully someone is there to do them for you. Here are a few tips:

1. Call EMS if there is an Injury that warrants it.
2. Take a Photo of the Driver's License of the Person that was Riding the E-Scooter:  This will ensure you have their information to contact them later.  The Rideshare E-Scooters Require riders to have a driver's license, so demand to see it.
3. Get Witness Information:  Use your phone to have witnesses input their name and number. This will allow you to contact them later if you need to. 
4. Take a Photo of the Electric Scooter Involved:  Ensure to get multiple pictures.  Include the control panel at the top of the scooter in between the handlebars. 
5. Take a Photo or short video of the area Surrounding the Scooter:  This will help determine what caused the crash and the injury.

The goal is to document what occurred, when it occurred, and who was involved.  Cell phones and mobile devices are the best ways to do this.   This evidence will be needed to sort out the liability and insurance issues.

Liability and Insurance issues are going to be interesting.  The electric scooter companies (Bird, Spin, Lime, etc) are all going to deny any liability and attempt to blame the rider involved in the crash.  Their terms of service are drafted in an effort to shield themselves from any liability.  However, the analysis is more complicated than that. 

These companies flooded the streets with a dangerous product that is easily accessible to the public.  They do not provide helmets, there are no training requirements, and they permit the scooters to be left anywhere on the sidewalks. This creates a major tripping hazard.  It is anticipated that the courts will need to sort out who is liable in the various scenarios that occur.  

Insurance for shared e-scooters is also going to become interesting.  Who will pay the medical bills of a person injured in an incident with a shared e-scooter? Will the consumer's policies cover crashes under their auto policy? Will the companies step up and their insurance will cover them?   

Time will tell how this plays out.  In the meantime,  Call Ross Law PDX at 503.224.1658 if you have any legal issues involving an injury on a shared e-scooter in Portland Oregon.  Jeremiah Ross is a Portland Personal Injury lawyer happy to offer free case evaluations for persons injured by the negligence of others.  Please remember the tips above are not an exclusive list, and are not to be construed as legal advice. 

Electric Scooters are In Portland-What You Need to Know..

This morning on my walk to work I saw a shared "Bird" electric scooter (aka e-scooter) being ridden.   The rider was cruising on the sidewalk at a good pace on the sidewalk in downtown Portland with her helmetless hair blowing in the wind.  She stopped at a crosswalk and zipped across while the light was still red.  I have previously heard about the e-scooter phenomenon that is blanketing west coast cities, but this was the first time I had witnessed a person riding one of these scooters.  As suspected, if everyone rides like this woman, these e-scooters are going to be a safety nightmare.  Here are some things everyone needs to know if they are going to use these e-scooters.

Info Graphic Prepared by Portland Bureau of Transportation-no affiliation with Ross Law PDX

1. You are required to wear a helmet:  Yes, these are motor-vehicles so you have to wear a helmet when you are riding them.  These scooters cruise at around 15 MPH, so it makes sense that you should be required to protect your most precious organ. ORS 814.534
2. It is UNLAWFUL to ride on the Sidewalk:  Yes, I know this seems odd, but it is the law.  There are limited exceptions.  This may seem odd, because you feel vulnerable riding in traffic.  However, these things cruise at 15 MPH.  That is too fast to be riding on a busy sidewalk.   Bikes aren't allowed on Downtown Portland's sidewalks, so it makes sense that scooters wouldn't be allowed either. The bottom line is that you need to ride in the street.  It's the law. See ORS 814.524
3. You Cannot Ride in the Middle of the Lane: You must ride as close as practicable to the right curb or edge of the road.   However there are exceptions to this rule that permit you to ride towards the middle of the lane if you need to make a left turn, it is dangerous next to the curb, or you are passing someone in the same direction, on certain one-way streets.  ORS 814.520
4. If there is a Bike Lane You Must Ride in the Bike Lane:  Oregon Law mandates that if there is a bike lane or bike path then you must ride in the bike lane.  There are limited exceptions to this rule.  ORS 814.514
5. You Must Be at Least 16 Years Old to Ride Them:  Oregon Law mandates that you are 16 years old to ride a motor-assisted scooter. ORS 814.512
6. You Cannot Carry a Passenger on the Scooter: Scooters are limited to one rider per person.  No kids with their parents. See ORS 814.530
7. You Can Get a DUII on an Electric Scooter:  Yes it is true,  vehicle laws apply to motorized scooters. This includes DUII Laws.  So stay off the scooter if you have been drinking.  

The police can cite you for many of the above violations.  More importantly, you are a safety hazard if you ignore the rules.  These shared electric scooters are going to create various issues because many of these rules are counter-intuitive.  They also are going to create a new segment of vulnerable road users that are inexperienced.  As a result, I have no doubt that someone in Portland Oregon will eventually suffer a serious injury due to an electric scooter incident.  It has already happened in San Francisco.  (Man broke his arm riding a shared e-scooter on the sidewalk)

If you or someone you know has been injured in a collision involving a shared e-scooter, call Ross Law PDX at 503.224.1658.  Jeremiah Ross is a personal injury attorney that provides free case evaluations.  Please remember that the laws are constantly changing and to rely on the law and NOT this post.  This post is not to be considered legal advice but is intended to educate the public regarding safe riding. 

Wrongful Death Suicide Case Featured in Newspaper Article

The Daily Astorian Newspaper recently featured a case where Jeremiah Ross and Ross Law represented the family of a woman who had committed suicide in Astoria, Oregon in a wrongful death action. The article Notes: 

"The family of a woman who jumped off the Astoria Bridge in 2015 has settled a wrongful death claim against Clatsop Behavioral Healthcare over her mental health treatment. The lawsuit alleged the mental health agency was negligent in caring for Carrie Barnhart, 54, who had a history of schizophrenia and depression.  The amount of the settlement is confidential.  Jeremiah Ross, a Portland attorney who represented Barnhart’s family, declined to comment."

3 Things Auto Insurers Don't Want You to Know About Your Whiplash Injury!

Most people in car crashes suffer some type of soft tissue injury.  Soft tissue injuries are injuries to the muscles, ligaments, and tendons in the body.  Whiplash is a type of soft tissue or bony injury to the neck or brainstem caused by the sudden back and forth movement of the neck. These injure typically occur in rear end or side impact car crashes.  That movement rips, tears, and stretches the soft tissue in the neck, and can cause more severe injuries.  Some soft tissue injuries are minor and don't warrant medical treatment, while others can take months or years to heal.  Some soft tissue and whiplash injuries are permanent and may require surgical interventions.  Although these injuries are serious injuries, insurers regularly discount them.   Here are some things you should know about whiplash injuries that insurance companies don't want you to know:

1) Whiplash Injuries Are The Most Common Injury Associated with Motor Vehicle Crashes:  Insurers often discount claims of whiplash as malingering (making an injury up with the purpose of obtaining an award) or somatoform disorder (psychological issues causing physical symptoms).  They attempt to convince the injured person that they couldn't have suffered an injury that lasted for as long as it did.  Insurers for the bad driver often make the injured person feel as if they are the only person to have whiplash symptoms last as long as they did or were as severe as they were.  This is an effort to attempt to convince the injured person that the crash could not have injured them. However, the insurer is wrong.  Whiplash injuries are not unique.  In fact, up to 83% of people involved in a car crash suffer from whiplash injuries.   Medical studies have shown these are real injuries that can dramatically impact a person's life and health.

2) Whiplash Injuries Do Not Typically Show Up on an X-Ray:  Insurance adjusters will often note that the Emergency Room X-Rays of the neck are unremarkable and do not show any evidence of injury.  Adjusters may attempt to convince the injured person that the crash didn't cause a whiplash injury because there is not any "objective" evidence of it (think X-Ray, or broken bone, misalignment of bones, etc.).  However, studies show  X-Rays do not typically show soft tissue injuries to the neck and whiplash type injuries.  However, MRI studies may show the soft tissue and whiplash type injuries.  However, MRI's may come with their own problems of high false positive results, and cannot see all pain associated lesions.  CT scans may be able to show some, but not all whiplash injuries.  However, they are costly and are not always readily available.  Other tests may not show injury.  This information is important because adjusters know that the injuries are real, but technology may not show these injuries.   A medical provider (Doctor, Osteopath, or Chiropractor) can diagnose whiplash injuries based on other objective findings without the need for imaging.   Insurers know this, but may try and convince you otherwise. 

3) Whiplash Injuries Can Be Permanent:  Insurance adjusters commonly say that the crash caused whiplash injury should have healed within 12 to 16 weeks.  They explain the lingering pain on "pre-existing" or age-related conditions. However, this ignores the science and studies that have shown that there is no scientific basis to assert whiplash injuries do not lead to chronic pain or permanent injuries.  These are real injuries that can be permanent. 

Hopefully, this information will assist you in combating an insurance agent to assist you in obtaining maximum compensation for your injuries.  However, if you are unsuccessful efforts or have questions for a personal injury lawyer, call Jeremiah Ross at 503.224.1658 for your free personal injury consultations. Ross Law PDX represents personal injury clients throughout Portland and Oregon.  PLEASE ASK A DOCTOR ABOUT YOUR WHIPLASH INJURY.  This post is meant for information purposes only and SHOULD NOT be RELIED UPON as or construed as medical advice, or legal advice.   Please remember that every injury is different and all legal cases are different.   

What People Injured in a Crash Should Know About Oregon's Minimum Auto Insurance Limits

I often represent people that have been injured by a bad driver that told them at the scene, "don't worry I have full coverage."  This term really doesn't mean much in the world of personal injury law.   Oregon has specific requirements regarding what should be in automobile insurance policies such as personal injury protection benefits (PIP), uninsured/underinsured (UM/UIM) motorist coverage. The law also imposes the minimum limits for each bodily injury insurance policy in Oregon.  The relevant law on minimum insurance limits provides:

     ORS 806.070 Minimum payment schedule. (1) This section establishes a schedule of payments for the following purposes:

      (a) An insurance policy described under ORS 806.080 must provide for payment of at least amounts necessary to cover the minimum required payments under this section to qualify for use for financial responsibility under ORS 806.060.

      (b) A person who is self-insured under ORS 806.130 must agree to pay according to the payment schedule established by this section.

      (c) The payment schedule is the minimum required payment of a judgment for purposes of ORS 809.020, 809.130 and 809.415.

      (2) The schedule of payments is as follows:

      (a) $25,000 because of bodily injury to or death of one person in any one accident;

      (b) Subject to that limit for one person, $50,000 because of bodily injury to or death of two or more persons in any one accident; and

      (c) $20,000 because of injury to or destruction of the property of others in any one accident. 

What this means for most injured people is that if they have a crash caused injury, the maximum they may be able to collect from the bad driver is a mere $25,000.00.  This sounds like a lot of money.  However, $25,000.00 can go quickly if you incur crash caused medical bills and are missing work. 

If you and two or three other people were injured in the same crash, the bad driver will only pay a combined total $50,000.00 to the injured people.  That will be divided up between them.   A lawyer should be involved if that is the case.  These are also important numbers when you are dealing with the bad driver's insurance company. 

If you or someone you know has been injured in an Oregon car crash, call Portland personal injury lawyer Jeremiah Ross at 503.224.1658.  Ross Law PDX provides free personal injury consultations. Please remember Oregon's personal injury laws and insurance laws are constantly changing.  DO NOT Solely rely on this post for information, look at the current law. Please consult with a lawyer.  This post is not intended to be legal advice and can be considered attorney advertising. 

Dealing with Insurance Companies After an Oregon Car Crash

I regularly get calls from people that are injured in a crash.  The basic scenario is that the person is injured in the crash by a bad driver.  The bad driver's insurance company calls the injured person and gets a recorded statement.  The bad driver's insurance company then convinces the injured person to sign documents to permit the bad driver's insurance company to obtain the injured person's medical records. Then the bad driver's insurance company makes a low-ball offer and tells the injured person that is the best they can do.   Usually, that is when the injured person gets suspicious and reaches out to a personal injury lawyer such as myself.

Some people take the offer and later regret it and then reach out to a personal injury lawyer.  People can save themselves a lot of headaches, anxiety, and stress if they simply call a personal injury lawyer beforehand.  However, some people don't want to deal with a lawyer.  If that is the case the three tips below may assist you in trying to settle the case with the insurance company:

1) You Do Not Have to Give a Recorded Statement to the Bad Driver's Insurance Company:   Many insurance companies hire pleasant sounding people to call you to get you to commit to a recorded statement.  There are numerous reasons insurance companies do this, but one of the main reasons is they are sizing you up and trying to figure out how to get their insured off the hook with paying as little as possible.  For example, insurers know that soft tissue damages may take a couple of days before the pain really intensifies.   If they get a recorded statement the day of the crash or morning after, the injured person may say they are not really hurt.  The insurance company will rely on that later when deciding what to offer the injured person.  Click Here for more information.  What do you do then?  Simple, don't give a recorded statement.  If you want to resolve your case you can use the Oregon Crash Report as the factual basis to inform the insurance company what occurred. You can forward the insurance the relevant crash-related medical records and bills as evidence of your crash-related injuries.  That should give the insurance company sufficient information to make an offer. 

2) You do Not Have to Sign a Medical Release Allowing the Bad Driver's Insurer Access to Your Medical Records:  Insurance companies mine for dirt in medical records.  They are looking for pre-existing injuries to the same body part, something that may cause the injured person embarrassment or other medical complications that they can rely on to justify making a low-ball offer. Insurance companies do this by having people sign medical releases and general releases and asking for a list of medical providers.  Then they send out these releases to all of your medical records and scour them so they can justify their low-ball offer.  What do you do?  You can control the information the insurance company receives.  You can get your crash-related medical bills and records from your medical providers (doctors, chiropractors, licensed massage therapist, etc.) or through other sources.   Then you can forward them to the bad driver's insurance company.

3) The Insurance Company Can  Make a Lousy Offer, Your Remedy Is to Sue the Bad Driver:      I regularly get calls from people that are frustrated with dealing with the bad driver's insurer.  The bad driver's insurer has deployed all sorts of tactics to inject as much anxiety and frustration into the settlement process.  The bad driver's insurer often will switch adjusters, claim to have not received information, and claimed to not have received communications.  These tactics are usually deployed once the negotiations begin and the insurer realizes they can't get the injured person to take their terrible low-ball offer.  The insurer may also make outlandish claims or get grumpy and mean on the phone and refuse to engage in true settlement negotiations. What do you do?  You sue the bad driver.  You have that right.  A lawsuit is a powerful tool, that is why lawyers can typically receive better pre-filing offers.  Insurers know that the lawyer should have the knowledge and skill to file a lawsuit if negotiations break down.  Many lay-people do not have the knowledge and skills to do that, so they don't have any leverage in negotiations.

Hopefully, these tips will help people that have been injured in a crash on Oregon's roads. Please remember it is advised to speak with an Oregon personal injury lawyer immediately after a crash to ensure your rights and remedies are protected. Ross Law PDX and Jeremiah Ross are happy to provide a free personal injury case evaluation. Please call Ross Law at 503.224.1658.  Do NOT SIMPLY rely on this post in an effort to maximize the value of your case, there are many nuances, traps, and pitfalls that cannot be addressed in a blog post.  Please remember the statute of limitations may preclude you from filing a personal injury lawsuit. Also, your rights and obligations are different when dealing with your own insurer, especially on a PIP claim.  This post is not intended to be legal advice and is considered Attorney Advertising.