Personal Injury

E-Scooters Are BACK! Six Statistics That May Keep E-Scooter Riders Safe.

Portland’s E-Scooters are back. The E-Scooters were taken off the streets over the winter, but the City of Portland recently permitted them to return. The return of the E-Scooters brings with them another convenient but dangerous mode of transportation. It is no secret that E-Scooter riders have suffered broken bones, muscle strains, head injuries, and even have been killed. A recent study of E-scooter crashes found that:

  1. 37% of riders claim they were going too fast on the scooters at the time of the crash;

  2. 24% of riders were travelling downhill while injured;

  3. 55% of riders were injured in the street;

  4. 33% were injured on the sidewalk;

  5. 16% were injured when colliding or swerving to avoid a car;

  6. 15% experienced a traumatic brain injury.

The statistics say a-lot. Speed and control seem to be large contributing factors to E-scooter crashes and injuries. Riders can likely reduce their chances of being injuries if they simply reduce their speed. The study also came to a rather obvious conclusion, “Studies have shown that bicycle riders reduce the risk of head and brain injuries by wearing a helmet,” the report stated. “Helmet use might also reduce the risk of head and brain injuries in the event of an e-scooter crash.” It is not only a good idea to wear a helmet on an E-Scooter, but it is also the law.

The study conducted by The Centers for Disease Control and the Austin Public Health Department concluded that almost half of the injured riders had a severe injury. This included bone fractures, nerve , tendon, and ligament injuries, severe bleeding , and organ damage that required an extended stay in the hospital. These types of injuries, especially fractured bones, likely happen when the rider is traveling at a higher rate of speed, so they can be avoided if the riders slow down.

The recent Austin Texas study also claimed that the there are roughly 20 injuries per 100,000 trips taken on E-Scooters. This does not seem like that many injuries, but the report acknowledges, that it “likely underestimates the prevalence” of scooter'-related injuries.

If you or someone you know has been injured on an E-Scooter please call Portland Oregon personal injury lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide a free personal injury case evaluation to persons that were injured while riding a e-scooter. Also, please remember that Ross Law PDX is not affiliated with the City of Austin or the Center for Disease Control.

6 Fatal Traffic Crashes In 4 Days in Portland! WTH Portland Drivers?

SIX fatal traffic crashes have occurred in the past FOUR DAYS in Portland Oregon! As an Oregon wrongful death and personal injury lawyer this is extraordinarily alarming. Each and every one of these heartbreaking deaths were likely preventable if people used common sense and simply followed the law while they were driving. Portland Police Bureau Chief Outlaw is warning, “Drivers [to] slow down, don’t drive impaired/distracted. Bikes and peds use caution-don’t assume drivers see you.”

Chief Outlaw also warned that the PPB is going to stepping up traffic enforcement. Portland drivers take note that you may be ticketed for what you perceive as a minor traffic violation (driving 10 miles over the speed limit, rolling through a stop sign, failing to stop while a pedestrian is waiting at a cross walk.) Hopefully increased enforcement will work to change Portland driving behavior.

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Law enforcement are not the only folks out there trying to change Portland’s driver’s behavior. Here at Ross Law, we believe that it is our duty to use the civil justice system make our community a safer place by holding wrongdoers accountable and hopefully deterring people from driving negligently, carelessly, or recklessly. We do this by filing lawsuits against the bad drivers that injure our clients. This will hopefully force the bad driver, their family, and their friends to change their driving behavior. We know that it is not easy to be sued and explain your actions that injured or killed someone. We use the civil justice process to attempt to force bad drivers that injure our clients to own up to what they did, and be held responsible by having to explain their actions, and admit they were at fault. Additionally, their insurer will have to pay to compensate the person they injured. We wholeheartedly agree with Chief Outlaw that drivers need to slow down, don’t drive impaired or distracted, and cyclist and pedestrians should be cautious on the roads.

If you or someone you know have been injured or killed in a Oregon motor vehicle crash, call Jeremiah Ross at 503.224.1658. Call Ross Law for your free personal injury case evaluation. We proudly represent people injured in car crashes, bicycle crashes, and pedestrians that were struck by a vehicle.

Oregon Women Pay More For Car Insurance Than Oregon Men! Here is Why...

As an Oregon Personal Injury Lawyer and Consumer Lawyer, I am regularly asked by people if making a claim to their auto insurance will cause their insurance rates to go up. This is not an easy question to answer, because Insurance Companies are for profit businesses. As a result, Insurers are going to do what they feel is necessary in order to make a profit unless regulators or attorneys’ stop them. For example, GEICO was ordered to pay $23,000,000.00 to one of their insureds for GEICO failing to pay benefits, and denying payments on a whim. State Farm agreed to pay its customers $250,000,000 (That is not a typo) in order to avoid a racketeering trial in which customers claimed that State Farm was rigging an election for a Judge that had made favorable rulings for State Farm. USAA agreed to pay $39,000,000.00 to settle a lawsuit filed by its insureds (Veterans, Active Duty Military, and their families). These cases are evidence that some Insurance Companies are willing to skirt the law and disregard the moral high-ground in an effort to make a profit. Another example of insurers putting profit over people is how insurance companies are charging Oregon women more than Oregon men for auto insurance.

A recent study by an insurance search engine, The Zebra, found that Oregon women’ paid roughly $70.00 more for auto insurance last year than men did. A recent Pew Research study also came to the same conclusions on a national level. The studies found certain states prohibit gender based pricing, but Oregon is not one of them. What this means is that Insurers are at liberty to charge women more for insurance than men, and they do not have to have any justification for doing so.

The statistics support the fact that Oregon insurance companies are charging dramatically different rates for women than men. In 2016, insurers charged Oregon women $13.00 more for auto insurance than men. However, in 2018 that number inexplicably jumped to women paying $71.00 more for auto insurance than men. Does that mean that women are more dangerous on the road than men if insurers are charging them more? The answer is no.

The data does not support the Insurance Industry’s decisions to charge women more for car insurance in 25 States. The Zebra study affirmed that women and men equally engage in distracted driving, so that could not be a basis to charge women more. Additionally, fatality statistics do not support the insurance industry’s decision to overcharge Oregon women for car insurance. For example, men are the drivers in the vast majority of fatal Driving Under the Influence (DUII) crashes. Men also cause more speed related wrongful deaths on the road. The statistics show that men are riskier to insure than women.

Additionally, different companies charge different rates to similarly situated women throughout the country. For example, State Farm charged middle aged women the same as men. However, GEICO charged middle aged women 16% more than men. This is an important statistic. If insurance companies rates reflect the risk of a particular demographic of drivers then there would not be such a large disparity between the rates particular insurance companies are charging.

Then why are insurance companies charging women the so called “pink tax” to insure their vehicles? Why have the number of states where women pay more than men doubled in the past two years? The answer is simple, profits. The insurance industry is operating in a relaxed regulatory environment that permits them to take actions that will make their companies more profitable, even if that means imposing the “pink tax” on women.

For example, the insurance industry knows that Oregon does not have a bad faith claim, and Insurance Companies are specifically exempted from Oregon’s Unlawful Trade Practices Act (UTPA). The UTPA is a law that provides consumers a remedy if consumers are ripped off by a business. However, the insurance industry lobbied the legislature to be exempted from that law. As a result the insurance industry knows they are likely immune from any real consequences of arbitrarily charging women more for insurance than men.

Despite the insurance industry’s protections, here at Ross Law we will sue insurance companies if a person has been wronged by an insurer and there is a recognized legal remedy for that person. For example we regularly sue insurance companies on behalf of people whose automobile insurers deny paying personal injury protection benefits. We also sue insurance companies to collect uninsured and under-insured motorist benefits. Ross Law has also sued insurance companies for denying insurance coverage for a car crash.

If you or someone you know has an issue with an auto insurance company please call Jeremiah Ross at 503.224.1658 for your free case evaluation. Ross Law PDX is happy to represent Oregonians in many types insurance disputes.

Please note that Ross Law PDX is not affiliated with The Zebra or the Pew Research Center. Please refer to the links in the article for the most accurate information. Please note that this blog may be considered attorney advertising and expresses the opinions of this law office. Please remember that the law is constantly changing and insurance issues are usually very complicated. Please consult with an Oregon attorney if you have a dispute with an Oregon insurer. Do not simply rely on this blog post.




Ross Law Has Been Busy Fighting on Behalf of Eastern Oregonians

We are often asked if we represent clients that live outside of the Portland Metro Region. The answer is yes! In the last year Ross Law PDX represented Eastern Oregonians in the following cases:

  1. Jeremiah Ross represented a man that was brutally assaulted while in the custody of law enforcement officer in Milton-Freewater Oregon. Ross Law filed a lawsuit in Federal Court alleging 28 USC 1983 claims for the violations of the victim’s civil rights and state law claims, including negligence. The case resolved after filing the lawsuit.

  2. Jeremiah Ross represented a client from an Eastern Oregon town in a patient safety case. The client went to a medical provider who negligently performed a procedure. The provider’s negligence fractured the client’s ribs. Ross Law attempted to settle the malpractice claim with the provider’s insurer. The chiropractor’s insurer failed to make a reasonable offer. Ross Law filed a medical malpractice lawsuit on behalf of the man against the medical provider. The insurance company then promptly settled the lawsuit for virtually every penny that was asked for, plus costs and attorney fees.

  3. Jeremiah Ross has represented multiple people who have been ripped off by car dealers in Pendleton, Hermiston, and Ontario, Oregon.

  4. Jeremiah Ross and another law firm represented a truck driver who was severely injured at a loading dock near Nyssa, Oregon . The truck driver was walking through the loading area when a fork-lift violently struck him and dragged him for several feet. The crash caused serious injuries to the man’s chest, low back, and knees, pelvis, feet and shoulders. We alleged the forklift driver wasn’t properly trained, supervised, and was not following the law. The matter was initially set for trial, but the parties chose to proceed in private arbitration after the Court re-scheduled the initial trial date. The arbitrator awarded our client a significant amount of money.

Ross Law is also currently litigating a wrongful death case in Umatilla County. If you are an Eastern Oregonian who needs legal representation in a personal injury case, wrongful death case, civil rights case, or a auto fraud or lemon law case, call Jeremiah Ross at 503.224.1659. Please call Ross Law PDX for your free case evaluation. If we are unable to assist you with your legal matter we are happy to attempt to find someone that is able to. Please remember this blog post could be considered ATTORNEY ADVERTISING.

5 Things To Know if You Were In a Crash with a DUII Driver

Ross Law PDX recently resolved a case where our client was hit by a DUII driver. The driver was out drinking and decided to drive home. While he was driving his blood alcohol concentration was well over the legal limit. The speeding drunk driver ran a stop sign and T-Boned my client’s car. The crash totaled my client’s vehicle. The DUII driver then attempted to flee, but pulled over minutes later. The DUII driver was then arrested and charged with DUII and Reckless Driving. While the DUII driver was spending the night in jail, our client was at Urgent Care getting treatment for his injuries. The crash caused ourclient to suffer soft tissue injuries (neck and back strain) which thankfully healed in a short amount of time. Our client brought Ross Law on board and we were able to obtain the DUII Driver’s $25,000.00 policy limits very shortly after letting them know of our representation. This is not an unusual scenario in DUII crash cases. However, these cases are unique and many victims of DUII drivers are often getting less than they are entitled to simply because of confusion about their rights and obligations. The following five things should assist DUII victims in ensuring they receive maximum compensation for their losses:

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1) You Have a Right to Receive A Police Report & Other Information: One of the first things that victims want to know is what happened to cause their injuries. Clients often say, “I don’t understand how he/she could have been so drunk and still driving.” Getting a police report helps victims learn what happened. It also helps them evaluate a civil case against the DUII Driver. The vast majority of the time the District Attorney will not release a police report while the case is pending under any circumstances. This is one exception to that rule. The law mandates that the District Attorney’’s Office must provide a report to victims or their lawyers if it is requested. See ORS 135.857.

2) The District Attorney Does Not “Represent” The Victim: The District Attorney’s job is to prosecute the DUII driver. This means that they will ensure that the DUII driver is either convicted of DUII or brought to trial for DUII. If the DUII driver is convicted of DUII, then the District Attorney may ask all victims involved if they are seeking restitution. This does not mean that the District Attorney is the victim’s lawyer. It simply means that the District Attorney (“DA”) is doing their job to ensure that the victims receive criminal restitution they are entitled to. This distinction is important to remember, because many people believe that the DA is also helping them with an “insurance claim” or getting compensation. Simply put, that is not he District Attorney’s job. That is what personal injury lawyers and crime victim lawyers such as Ross Law PDX do. This must be clear because the victims may limit their compensation if they do not exercise all of their rights. Click here to learn more about the difference between the district attorney and a civil attorney.

3) Criminal Restitution is Not the Same as Compensation in a Civil Case: Many times the District Attorney will send DUII victims a letter requesting if they are seeking “restitution.” Many people are confused about these letters and notices. Additionally, some DUII victims believe that seeking restitution is the same as pursuing a civil claim against the DUII driver. These are very different things. Criminal restitution is very limited. Criminal Restitution only covers “economic damages” caused by the defendant. Economic damages are defined as “objectively verifiable monetary losses.” These are often referred to as “out of pocket expenses.” Things like medical bills, burial expenses, lost income, costs to repair property, and insurance deductibles are routinely covered. See ORS 137.106(1) and ORS 31.710(2)(a). However, things like pain, suffering, frustration, anxiety, interference with activities of daily living are not recoverable as criminal restitution. These are non-economic damages. The DA has to make a claim for restitution within 90 days of sentencing, so it is important to communicate with the DA promptly if you are seeking restitution.

4) Insurance Companies Will Still Cover A DUII Crash: There are many instances when an insurance company refuses to provide coverage for an incident due to the insured’s conduct. However, the vast majority of the time an insurance company will still provide insurance coverage for a DUII crash. This is important because it allows the injured victims to receive compensation for pain and suffering in addition to their economic losses.

5) A DUII Crash Case is Worth More than a Regular Case: Insurance companies evaluate make their money by evaluating risk. They do their best to attempt to figure out what a Jury may award the victim of a DUII driver. This can be difficult because of the risk of punitive damages and the fact that the Jury may simply award the victim a substantial amount of money because the driver was impaired at the time of the crash. As a result, insurance companies will usually pay more to a victim of a DUII driver.

If you or someone you know has been injured in a crash with an Oregon DUII driver or impaired driver you should call Ross Law PDX at 503.224.1658 for your free personal injury consultation. Oregon Personal Injury and Wrongful Death attorney Jeremiah Ross is happy to discuss your options. Please remember that case results vary and the law is constantly changing. Please contact a personal injury lawyer rather than relying on this post. Also this post could be considered ATTORNEY ADVERTISING.

Can You Be Sued for Over-serving Alcohol to A Person that Causes a Car Crash?

‘Tis the season for holiday parties, which means it is also the season for DUII crashes. Many of these crashes cause catastrophic injuries or deaths. When that occurs it is likely that the injured person’s family will want to hold all negligent persons responsible for causing the injuries or death. Most people think that simply the impaired driver is solely responsible for causing the crash. However, that may not be the case if the DUII driver is leaving a residence or bar where he was over-served alcohol. In Oregon you can be sued if you are a social host and over-serve a visibly intoxicated person who causes a car crash. This means that you may be responsible for the injured person’s losses which can be millions of dollars in some cases.

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To put it another way, homeowner’s can be held responsible for serving alcohol to a person that is visibly intoxicated and later injures another in a DUII crash. (See ORS 471.565). Oregon courts have determined a person who receives guests in a social setting, in which the host serves or directs the serving of booze or beer to guests can be held accountable if the overly intoxicated person later injures another in a DUII crash. Don’t believe me? Check out the Court’s opinion in Deckard v. Bunch, 358 Or 754 (2016).

Social Host liability is important because home owner’s and renter’s insurance policies may cover DUII crash injuries and provide tens of thousands, or hundreds of thousands of dollars, in additional insurance coverage. This money can be used to pay medical bills, physical therapy, vocational rehabilitation, and to compensate the injured person or their family for their harms and losses. More importantly, social host liability will hopefully act as a deterrent to over-serving intoxicated people who may get behind the wheel.

Social Host cases can be complicated and there are other theories an attorney can use to attempt to obtain maximum recovery for a person’s wrongful death, injury, or loss. Please contact Portland Personal Injury Attorney, Jeremiah Ross, at 503.224.1658 for a free personal injury consultation. Please remember this post is for informational purposes only and you should rely on the current statute and case law when considering a dram shop claim. These laws constantly change and the theories of liability are not as clear as they were in the past. Please consult with an attorney if you believe you have a dram shop claim, social host claim, or have been injured by a DUII Driver.

Plan Your Thanksgiving Trip Early- Historic Traffic Jams Predicted

Thanksgiving is already here. AAA predicts a historic amount of driver’s hitting the road this year. This will create terrible traffic throughout the Country, but it will also likely cause an increase in traffic crashes. During Thanksgiving people tend to be in a hurry, become inpatient, and are often fatigued during long drives. As a result, they make decisions that cause a crash. These crashes can be avoided if you simply plan your trip to account for the traffic. Give yourself extra time and leave earlier than you think you should. This will result in a much more pleasant and safer drive.

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If you or someone you know have been in a traffic crash please call Portland Personal Injury lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide free personal injury case evaluations.

Another Avoidable Tragic Death In Portland-Pedestrian Killed by Driver

Yesterday a Portland man was killed by a DUII Driver as he was on the side of the road. His death was the 33 traffic fatality in Portland this year. State wide more than 400 people have been killed in car crashes. All of these deaths could be prevented if people simply followed the laws, avoided distracted driving, kept their vehicles properly maintained, and roads were properly maintained and designed.

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The driver who killed the pedestrian yesterday now faces criminal charges, and will likely face a civil wrongful death lawsuit brought on behalf of the family of the victim. The family may seek millions of dollars to compensate them for their losses and punitive damages to punish the driver who killed their loved one. These cases are difficult for everyone involved, but are necessary to ensure the DUII driver is held accountable and the victim’s family is compensated for the loss of their loved one.

If you or someone you know were a pedestrian that was hit by a motor vehicle call Oregon Personal Injury and Wrongful Death Lawyer Jeremiah Ross at 503.224.1658. Ross Law is happy to provide free case evaluations for personal injury clients and has represented clients throughout the state of Oregon.