The Snow Is Coming! Things To Know if You Are In a Car Crash In the Snow.

Virtually the entire of State of Oregon is under a winter storm warning at this time. Forecasters are doing their best to predict how much snow is going to be on the ground when we all wake up tomorrow. It is no secret that the folks in the Willamette Valley, Portland, and the Metro Area struggle with driving in the snow. Portland and the Metro area grinds to a halt usually when there is a threat of snow. People abandon their vehicles, cars slide off the road, cars also slide into each other and into pedestrians. This can result in serious and catastrophic injuries to people involved in these crashes. Oregonlive has posted some great driving tips for people that will venture out in the snow. However, what do you do if you are involved in a crash in the snow?


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. Photos of the scene are important in snow and ice crashes, because many times the parties will dispute what caused the crash. Also, have witnesses text or email you their contact information from their phones. This way you can locate them later if needed. If it is safe enough to move the car to the side of the road do it AFTER you take a couple of photos of the crash scene. Moving the vehicle permits traffic to flow through and will permit an ambulance, police officer, or other emergency responders to get to the crash if someone is injured.

If You or Someone Is Injured in the Crash and Needs Immediate Medical Attention: Call 911 if there is an injury and relay what the injuries are.

Seek Medical Care: Immediately seek treatment if you are injured. Your Oregon issued auto insurance should pay $15,000.00 for up to two years of crash related medical treatment. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries. The sooner the better. From a medical standpoint, you may be harming yourself if you wait to seek treatment. From a legal standpoint, insurance companies will likely give your claim less value if there is a “gap in treatment.” Insurance companies will not accept the justification that the snow prevented you from seeking treatment. This means you will likely have to fight harder to obtain maximum compensation for your losses and pain and suffering.

Contact Insurance and the DMV: Call your insurance company to set up a claim. Cooperate with them, but be cautious of their motives. If there was an injury or more than $1500.00 in property damage submit the proper Accident Report to the DMV ASAP. Here is a link to the form: DMV Accident Form.

If you were in a hit and run you must make a police report or notify the DMV within 24 hours and notify your insurer within 30 days. I advise reporting the matter to law enforcement as soon as possible. This is important as you may not be able to make a claim in the future if you were a victim of a hit and run.

Pro Tip: Call A Personal Injury Lawyer at 503.224.1658: Calling Ross Law PDX won't cost you anything to chat, and you can learn about what you need to do next.

Please be safe out there. Please remember that as an Oregon Personal Injury lawyer, Jeremiah Ross may be able to help you obtain maximum compensation for your personal injuries caused in the snow. The roads are still treacherous and there is more snow and ice on the way. Please do not hesitate to call if you have any questions. Please remember this blog and web-site may be considered attorney advertisement AND IS NOT CONSIDERED LEGAL ADVICE. REMEMBER ALL SITUATIONS ARE DIFFERENT, and this post is merely a guide.

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.


What is Your Car Crash Case Worth?

One of the most common questions I receive in a personal injury intake is, "How much is my case worth?"  That is not an easy question to answer and people should be leery of lawyers that automatically spit out a number without reviewing medical records, bills, and other information.  That is because there are various variables that we examine to assign a value to a personal injury car crash case.   More importantly that is the value we assign the case.  The insurance company also assigns a value to the case.  That number is usually lower than the injured person's lawyer's number.  At the end of the day only a Jury truly knows how much a particular case is worth, but most cases settle prior to trial.  

With that said, I have listed a few of  variables that lawyers use to put a value on the case below.   The list is not exhaustive, and it is in no particular order.  However, it should provide you with a general understanding of how a personal injury lawyer and an insurance company assign a value to a car crash personal injury case.  

 1) The Type of Car Crash injuries:  Broken bones are typically worth more than soft tissue (whiplash) injuries.  However that is not always the case.  For example, a herniated disc injury will likely be worth more than a fractured pinkie toe.  Injuries that cause scars or disfigurement are typically worth more than an internal injury.     

2)The permanency of the injury:  The longer the person suffers crash related physical impairments that effect their life, the more their case is worth.  Insurance companies know this and that is why they will often offer a paltry amount of money very early to settle the case.   If you settle the case before you know if the injury is permanent you will likely be leaving money on the table. People wonder how do you know if your injury is permanent?  Medical providers will typically tell a person and provide that evidence in a medical chart note.

Typically, the more time a person suffers from an injury, the more their case is worth.

Typically, the more time a person suffers from an injury, the more their case is worth.

3) The Medical Treatment Sought:  Personal injury cases rely heavily on medical evidence.   Medical providers provide the necessary diagnosis, treatment, and documentation to prove to a jury (and the bad driver's insurance adjuster) that you are injured and the types of injury you sustained.  Clients who seek medical treatment and follow their treatment providers' directives will often increase the value of the case.  However, it should be noted just because you see a doctor, doesn't mean you will increase the value of the case.  A chart note can also lower the value of the case if you claim an injury and the medical evidence does not support your injury claim.   Moreover, a hundred trips to an acupuncturist may not increase the value of your case if you never saw a medical doctor.

4) Medical bills incurred:   The urban legend that a case is worth three times the medical bills is just wrong.  Some cases end up that way, but many don't.  For example a person that quickly heals 100% after having a costly surgery may not recover as much as a person that doesn't have surgery for the same injury but suffers from well documented permanent injuries.  Additionally, some serious injuries don't have a lot of medical bills.  An amputated thumb may not have many medical bills. However, that is a potentially debilitating injury that will likely effect virtually everything the person does for the rest of their life.  The medical bills in that case are not an important variable, but they are still a variable.

5) Crash Damage:  Typically the more crash damage there is, the more a person's case is worth.  Minor impact cases with little visible vehicle damage can result in severe soft tissue (whiplash) type injuries, but typically jurors need to be convinced of that. On the other hand, jurors will usually infer from the beginning that a person had to have been injured in a high speed crash that totals the vehicles involved.    

6) The Client:   An honest client's case is worth more than a person who exaggerates their pain and injuries.  A tough client's case is usually worth more than a whiner's case.  An organized client that attends medical appointments and follows their medical providers's directives' case is usually worth more than the know it all client that tells everyone they are injured but doesn't seek treatment or follow up with medical providers.  Clients and the way they present themselves can dramatically increase or decrease the value of their case.   

7) The Bad Driving Defendant:  In almost all of my personal injury cases the defendant is insured.  The defendant's insurance company is the entity that will decide if they will make a fair offer or force us to seek an award from a Jury.   However, in Oregon jurors are not informed that it is the billion dollar insurance company that is refusing to make a fair settlement offer.  The Juror sees the little old lady that ran the red light that is the named defendant and may feel sympathy for her.  They may not want to award you any money to compensate you for your injury, because that may put the elderly lady on the street.   On the other hand a corporate defendant that has a bad safety record will likely increase the value of the injured person's case because jurors have little sympathy for a large corporation and they know the corporation has money to pay the judgment.

8) Comparative Fault and Other Defenses:  The value of the case can be reduced if the defendant has a good defense.  If the defense can show you caused the crash then your case value may go down or your case may not have any value at all.   If the defense can interject uncertainty and other legal issues to the case then that will bring down the value of your case.

9) Pre-Existing Conditions:  Pre-existing conditions are the most litigated issues in personal injury cases.  As we age our bodies deteriorate.  Insurance company defense lawyers capitalize on this medical fact and attempt to assert that the crash didn't injure you, and the pain is caused by a pre-existing medical condition.  If a person has sought treatment prior to the crash for a medical condition that they are claiming was caused by the crash that can reduce the value of the case. 

10)  Lawyers Involved:  Many people settle their cases with the insurance company without a lawyer.  This is largely because they don't want to get a lawyer involved or they don't want to have a lawyer take a percentage of any money they are awarded.   However, this is typically a big mistake.  Most of the time people that resolve their own cases are leaving money on the table.  Lawyers know how to get insurance companies to increase the value of the case and if not, then we take the case to trial or arbitration.  Insurance companies know that, so they usually will increase the value of the case if a lawyer is involved.   If you think your case is too small for a lawyer to handle, you should read this blog article.  

The list above is not exhaustive, and if you have any questions call me for your free personal injury case evaluation.  Call Ross Law at 503.224.1658 and ask for Jeremiah Ross.  Please remember that there are numerous variables that go into the case and do not rely solely on the list above.     

Confronting Myths About Car Crashes, Insurance Companies, and Lawyers

Last night I was sitting at a bar waiting to meet a friend when I overheard a conversation.  The two guys next to me were discussing a car crash their friend had recently been involved in.  The guys discussed how the crash occurred and the subsequent events. 

The tall guy was animated in speaking about the crash.  He described Airbags deploying and it sounded as if their friend had been broadsided by another vehicle at an intersection.  The tall guy noted that his friend did not feel immediate pain, but that was normal because he was "all amped from the crash."  The friend went to the hospital the next day just to get checked out.  The tall guy said his friend was diagnosed with "whiplash" and may have to go through some "physical therapy or something."  The tall guy also went on to say the friend was worried about payment of medical bills.  The two guys continued to talk about expensive healthcare and then the subject switched to insurance.  

The tall guy also said the insurance lawyer called his friend and said they would offer $1,000.00 right away and that is all his friend would get.  The insurance "lawyer" said his friend couldn't have been hurt if he didn't go to the doctor right away,   Then the conversation  switched to greedy lawyers and that no lawyer is going to take his friends case because his friend doesn't want tens of thousands of dollars.  His friend basically just wants some money for medical bills and a little extra.  His friend can't pay a lawyer, so he is going to just deal with the insurance company "lawyer."  

The entire time I was biting my tongue because of all the misconceptions and wrong assumptions about his friend's case.   I wanted to interject, but I didn't because it was clear these guys were not fans of lawyers and probably would be a little annoyed with some pencil pusher interrupting their conversation.   After listening to these two young gentlemen it became apparent the insurance companies' propaganda machine has been doing a great job on conditioning these guys.    Insurance companies have confused people about their rights and obligations after a crash.  This blog article will address some of the confusion created by insurance companies:

1) The Friend Didn't Feel Immediate Pain After Crash:   The guy was right when he said his friend was "amped" so he didn't feel any pain.  I am not a medical professional, but my understanding is many soft tissue injuries  do not result in immediate pain.  Many times the injury will manifest a day or two later.  

2) The Friend Is Worried About Crash related Medical Bills:  Personal Injury Protection benefits are available to pay the friend's medical bills.  This means the friend has $15,000.00 of no fault insurance to pay all crash related medical bills incurred up to a year after the crash.   For more information read my blog post addressing PIP issues. 

3)  The Insurance Company's Lawyer Called His Friend:  It is rare in a case where a person has soft tissue injuries to have a lawyer contact the injured person.  Most likely the insurance company person was an insurance adjuster.  These adjusters sometimes like to think they are lawyers, but in reality they have little, if any, formal legal education.  Many adjusters have little formal education.  It is important to remember the insurance adjuster's sole mission is to ensure the insurance company pays out the minimal amount to any injured person that is making a claim.  Some are honorable and may make a fair offer, but many do not.  It is also important to remember there is no requirement that an injured person speaks to an insurance company adjuster or lawyer. For more information on insurance company phone calls read my blog article.  

4)  A thousand Dollars is The Most You Can Get for Soft Tissue Injuries:  Again, that is not true.  The insurance adjuster is trying to convince the friend that his case does not have any value in an attempt to hoodwink the friend into settling for pennies on the dollar.   The case may have substantial value if there are permanent soft tissue injuries or there are other injuries that have yet to be diagnosed.  Insurance Companies try to settle cases quickly in an attempt to prevent people from making large damage claims or speaking with a lawyer. If you have settled the case and realize you were hoodwinked you should call me at 503.224.1658.  There may be a way to set aside the settlement and pursue your claim for money damages.

5)  The Friend Couldn't Have Been Hurt Because He Didn't Go To The Doctor Right Away: Insurance companies often use this line, but I don't think people actually believe that.   They call this a "gap in treatment" or "delayed treatment." Most Oregonians are tough hard working folks that would rather be working or trying to get better on their own rather than going to the doctor over some pain in their neck.  However, once they realize the pain is worse than anticipated or is not going away, then they seek medical attention.  This is perfectly reasonable even if it is a few days or weeks after the crash.

6)  No Lawyer Is Going to Take the Case because It is Not Worth Tens of Thousands of Dollars:  There are numerous Oregon Personal Injury lawyers that are eager to take small cases valued at $10,000.00 or less.  I represent many people on these smaller soft tissue cases.  These cases are common and there is a way for the lawyer to make money on the case and the injured person to receive full compensation for their injury without the lawyer taking a cut of the settlement or award. If you have more questions about small cases then you should read my blog article on the issue.  If you think you have a case but are concerned it is too small call me at 503.224.1658.  It will not cost you anything as I provide free personal injury consultations.

7) His friend Can't Afford A Lawyer:  I take almost all personal injury cases on a contingent fee. What this means is I don't get paid an attorney fee unless we prevail.  My personal injury clients do not pay my hourly rate.   For more information on how attorneys get paid see my blog post on the issue.   

Hopefully this post will address many of the misconceptions that people have about personal injury cases.   People shoudl be informed when they are injured in a car crash.  They do not need to rely on the insurance companies to take care of the crash and make a "fair" offer.  Injured people should seek an attorney to assist them with their claim.  

If you or someone you know has been injured in a car crash please call me at 503.224.1658.  Ross Law is happy to provide free personal injury consultations.  I also work on a contingency fee in personal injury matters.   Legal Stuff:  This post is not to be considered legal advice and does not create an attorney client privilege.   This post, website, and blog may be considered ATTORNEY ADVERTISING.

Things You Should Know if You Were Injured at an Oregon Pumpkin Patch:

This weekend my wife and I took our little munchkin to Sauvie Island to explore one of the various pumpkin patches scattered about the island.  My toddler's mind was blown by all of the amazing things at the pumpkin patch.  There were tractors, hay-rides, cow-trains, stacks of hay bails to play on, mazes, corn mazes, and he loved romping around in the pumpkin patch looking for his prized miniature pumpkin.   All of these activities are a ton of fun, but some of them can be dangerous.  

Some of these activities can be very dangerous if the property owner does not do their job to keep the property safe.  Pumpkin Patch owners have a responsibility to keep their premises in a reasonably safe condition.  They should be inspecting their property for dangerous conditions.  They should also be warning people of dangerous conditions.  If they do not then they may be responsible if a person is injured on their property.   These pumpkin patches should be insured and their insurance should be paying medical bills and compensating the injured person if they didn't provide a safe experience.

What should you do if you, or someone you know, is injured at a Pumpkin Patch:

  1. If seriously injured, immediately seek medical attention and/or call 911;
  2. If you are injured, or tending to the injured person, delegate someone to take photos and get information for you;
  3. Photograph the scene of the incident and any injuries;
  4. Try and get names and phone numbers of witnesses (ask them to send a text to your phone is the easiest way to do it);
  5. Keep any tickets to any activities at the pumpkin patch;
  6. Notify the property owner of the incident;
  7. Take photos of the entrance to the pumpkin patch and ensure you know the address of where you were injured (look on your smart phone or ask someone that works there)
  8. If you are injured by a tractor or a ride, make sure to get the pumpkin patch's employees full name that was driving the equipment.
  9. Attempt to get the pumpkin patch's insurance information and determine if they have a "no fault" or "medpay" provision in their policy.
  10. Call an Oregon Personal Injury Attorney like myself at 503.224.1658.
Just like in Maine, New York doesn't have an official system in place that would define a hayride as safe or unsafe.

The Pumpkin Patch Had Signs Noting I was Assuming the Risk of Personal Injury, Can I Still get Compensation?  That is a good question, and it may or not deprive you of your right to get compensated for your injuries.  It will all be dependent on the facts and the sign. Some activities are so dangerous that a sign cannot alleviate the property owner from responsibility.  However, some signs may be enough to prevent an injured person from getting compensated for their harms and losses.  Call a lawyer, like myself, if you have any questions. 

The Pumpkin Patch's Insurance Company Wants a Statement, Do I have to Give it to them?  Typically no.  Read my previous blog article on the issue here.

The Pumpkin Patch's Insurance Company Says I Cannot Be Compensated Because of "Recreational Immunity."  Is that True?   It may be.  Oregon's Recreational Immunity Laws (ORS 105.668, et seq.)  basically state that if a land owner allows people on their property for certain recreational activities then they are not responsible if a person is injured as a result of the property owner's negligence.   However, it does not apply in all situations.  One of the main things that may prohibit this defense at a pumpkin patch is when the land-owner charges a fee to participate in an activity on the property.  Oregon's Recreational Immunity statute can be difficult to interpret, so please call an Oregon Personal Injury Attorney, such as myself, at 503.224.1658 if you have questions about Oregon's Recreational Immunity Statute.

The Pumpkin Patch's Insurance Company Says I am At Fault for the Injury, So I have to Pay All of My Medical Bills. Is that True?   It may be.  Oregon is a modified comparative fault state. (See ORS 31.600)  What this means is that if you were more negligent than the property owner or other party(ies) then you cannot be compensated for your harms and losses. However, there maybe an insurance policy that allows for no-fault compensation (usually $5,000.00) to repay medical bills.   If this issue comes up then call an Oregon Personal Injury attorney at 503.224.1658. 

PLEASE CALL AN ATTORNEY AT 503.224.1658 IF YOU HAVE QUESTIONS!  I am happy to provide free personal injury consultations.  Please remember: THIS POST IS NOT INTENDED TO BE "LEGAL ADVICE" and may be considered "Attorney Advertising."  The law is constantly changing, so it is best to call a lawyer and not rely on this post to determine if you have a personal injury case.  


Should I go to the Doctor if I was in a Car Crash and Will it help my Personal Injury Case?

As an Oregon Personal Injury Lawyer, I often get calls from people that have just been in a car accident.  Some people do not go to the Emergency Room or Hospital right away.  Some people do not.   Many of the people that do not go directly to the Emergency Room will often ask "Should I go to the Doctor?"   That is not an easy question to answer because I am a lawyer, not a doctor.  As a result I have to defer to the professionals, the health care providers.

However, if you think you may be injured you should immediately see a health care provider.  If you are sore and the pain is getting worse, you should see a health care provider.   If you have any doubts about whether or not you are injured, GO TO THE DOCTOR!   It doesn't hurt.   This is important for many whiplash or soft tissue injuries, because it is my understanding they can actually get worse with time.  Also, there may be a slipped or herniated disc that may not develop symptoms immediately after the crash.   If you think you are injured see a doctor and get checked out to determine the extent of your injuries.  

Who Pays for the Doctor's Visit? If  you are in a car crash in Oregon You have Personal Protection Benefits (PIP), that will cover up to $15,000.00 of medical expenses incurred from one year from the date of the crash.  What this means is that "I can't afford to go to the Doctor" is not an excuse for not seeking medical treatment if PIP is available.   You pay for those benefits, so you should use them. 

Will going to the doctor help your personal injury case?  It depends, but typically yes.   Insurance adjusters need to document their file to substantiate any offer or decision they make.  If you make a claim for damages and you don't have any documentation regarding your injuries, the insurance adjuster will be pretty reluctant to offer you full compensation for your injuries.  This is because the insurance company does not have any medical evidence to justify an offer they give you.  

The bottom line is, remember most lawyers are not doctors.  If you think you are hurt or need to be checked out by a medical professional SEE A DOCTOR or medical professional!  

If you need a lawyer CALL ME at 503.22.1658 for your free personal injury consultation.  Ross Law LLC is happy to discuss your personal injury case with you and give you the details regarding your Personal Injury Protection benefits.   Please remember I AM NOT A DOCTOR!  This is not to be considered legal advice or medical advice.  If you think you need a doctor then please see a medical professional.   Please remember this blog, this post, and this web-site may be considered ATTORNEY ADVERTISING!



Don't Be "That Person" -Drivers Blocking The Crosswalk While Waiting In Traffic

Anyone that has walked or ran downtown has been a victim of "that person."  "That person" is the person that feels the need to make the selfish move of entering the crosswalk in heavy traffic as the light is turning red.  That Person's car is now stopped in the middle of the crosswalk acting as a barrier for those that are trying to lawfully cross the street.   

You can see it in That Person's facial expression as the anxiety and embarrassment sets in.   The light turns yellow and traffic isn't moving.  You can observe That Person check their mirrors looking for a place tor drive their car.  Sometimes That Person is able to get out of the way by pulling quickly into a parking spot off to the right or left side of the street.  Other times they simply stare straight ahead actively ignoring the chaos around them that they have caused.  

Notice the Walk Sign is Illuminated, but it is not safe to cross the street.  To cross you have to exit the crosswalk.

Notice the Walk Sign is Illuminated, but it is not safe to cross the street.  To cross you have to exit the crosswalk.

Usually by pulling ahead at the last minute while the light is turning red, "that person" has blocked the crosswalk and may be blocking traffic that is trying to move forward on the cross street.   This creates a very dangerous situations for pedestrians that may result in personal injury  or wrongful death.  Last, but not least, blocking the crosswalk is also a violation of the law.  (See ORS 811.028)

Pedestrians see the "walking sign" illuminated, but then see their path is blocked by a vehicle. This is obviously an issue.  Pedestrians then have the option of 1) going in front of the car, 2) going behind the car, or 3) waiting until the car has cleared the intersection until it is safe to cross.  Some of these are bad options for the reasons stated below:

Option 1)  Going in front of the car:  If the car is blocking the crosswalk it may seem like the safest option to walk in front of the car.   Walking in front of the car usually involves leaving the safety of the crosswalk.  In doing so, the pedestrian is now in "no man's land" where there is not any law to protect them.  If they are injured the bad driver will argue they left the safety of the cross-walk.   Additionally, the pedestrian must hope that the driver who is blocking the intersection does not suddenly pull forward.   I have seen this occur, as it seems the driver is so worried about getting out of the crosswalk they have blinders on as to who is crossing the sidewalk in front of them.   Obviously Option 1 is not a great option.    It also may result in a violation of violation of ORS 814.040 (failure to yield to a vehicle.) 

Option 2) Going behind the Car:  The pedestrian may think that going behind the car may be the best option for safely crossing the street without getting injured. However, similar to crossing in front of the car, crossing behind the car will result in the pedestrian leaving the crosswalk.  Going behind the car also presents a unique safety issue, because now the pedestrian may be susceptible to being hit by a car crossing the intersection from the cross street.   Also, cars that are turning onto the street where "that person" has blocked the crosswalk may be pulling forward to get close to the car that is blocking the crosswalk.  Obviously, this puts the pedestrian at risk of being hit or sandwiched between the two cars.  Again, similar to Option 1, leaving the crosswalk may result in a violation of ORS 814.040 (failure to yield to a vehicle.) 

Option 3) Waiting for the Car to Clear the Crosswalk: Waiting for the car to clear the crosswalk is probably the best option.  Most lights in Portland and other Oregon Cities don't take that long.  At most you may lose a few minutes of your day by waiting for it to be safe to cross the street.   It is my opinion that it is best to wait until the cross walk is clear and it is safe to cross the street.  This is the only way to attempt to mitigate the risk of injury from being struck by a car while crossing the street.   

If you, or a person you know, has been hit by a car while crossing the street, please call Portland Oregon Personal Injury Lawyer Jeremiah Ross.  Ross Law LLC is happy to provide you a free personal injury consultation.  Please call Jeremiah Ross at 503.224.1658.  Please also remember that each situation is different do not solely rely on this post to ensure your safety.   

Evolution-Another Way to Prevent Car Crash Injuries and Deaths

Car crashes kill tens of thousands of Americans every year.  Here in Oregon roughly 312 people were killed in Motor Vehicle Crashes in 2015.   According to CBS, Motor Vehicle crashes and other "Accidents"  are the fourth leading cause of death in the united states.  These frightening statistics are why we  spend millions of dollars on trying to make the roads and vehicles safer, but what if there was another way to prevent injuries in car crashes?  It turns out there might be.  We as a species can  evolve to survive car crashes.  

Meet Graham.  Graham has already evolved to survive car crashes.  He looks strange, but he should survive most car crashes. 

Graham is an amazing example of how us humans have evolved to protect our species, but it turns out he isn't real.  Graham was created by the Australian Government to use as a tool to educate people about the dangers of car crashes.  Here are some of his features:

Neck:  The vast majority of my clients suffer some neck injury if they are in a car crash.  In a crash the head keeps on moving while the body stays in place.  This causes the neck to strain and flex in a manner it wasn't  intended to do. This is why most people will have a sore neck for a couple of days after a car crash.   However, some people suffer cracked vertebrae, herniated discs, and it can even break.  A broken spinal column can cause paraplegia or quadriplegia.  Recognizing that the neck was a weak point in the body, Graham evolved to not have a neck anymore. 

Face:  Facial injures can be common.  Their is minimal tissue to absorb impact, so even low impact crashes can result in broken facial bones.   Graham's extra fatty and flat face helps absorb and disperse the energy from an impact.


Skull:  Head injuries are common in car crashes.  Many times the head will suffer trauma from bouncing off of the steering wheel, the side post, or the side window.  This can occur even if the person is seat belted in.   These head injuries can be fatal, as they can damage the brain. Graham has evolved to have a skull shaped like a helmet that will absorb more impact earlier.  He also has "crumple zones" in his head.


Brain:  Brains are tossed around inside your skull in a car crash.  This causes damage to the brain.  Many times this brain damage is irreperable.  Graham has evolved to survive a crash without a Traumatic Brain Injury (TBI)

Ribs:  Ribs are often cracked or strained in a car crash. This is because they absorb much of the energy as the body is pressed against the seat belt in a crash. Broken ribs are very painful, but they can cause serious injuries if they fracture.  Fractured ribs can puncture lungs and other vital organs that can cause serious injury or death.  Graham evolved to have more nipples and fatty tissue around the ribs, so that the chest became an, "airbag instead of armour." 

Graham also has tough thick skin, his knee joints rotate 360 degrees and his feet and ankles are built to survive being hit by a vehicle.  If you want to learn more about Graham and the project go to the link: Meet Graham

If you haven't evolved to survive a car crash and were injured in a car crash, please call Portland Oregon Personal Injury Attorney Jeremiah Ross.  Ross Law LLC is happy to provide you a free personal injury consultation.  Please call 503.224.1658 for your free personal injury consultation.