A Tragic Statistic-A Record Number of Car Crash Deaths in 2015

Car Crashes have been on the top of the list as a leading cause of death for a long time.  However, the number of people killed in car accidents fluctuates year to year.   2015 was not a good year for drivers. 

A recent article noted that fatalities increased by 7.7% in 2015.  What that means is 35,200 people died in car crashes that year.  That is a astounding number of deaths. That number of crash caused deaths is basically equivalent to killing off the entire populations of Milwaukie, Oregon (population 20,512), Sandy, Oregon (population 10,014), Vernonia, Oregon (population 2,158)  and Rainer, Oregon (population 1,915).   That still wouldn't be enough.   

More troubling is that here in Oregon we were part of a region that saw the nation's biggest increase in car crash fatalities.  The number of people that died in car crashes in the northwest region jumped 20% from 2014.  That is a tragic statistic.  

The National Highway Traffic Safety Administration (NHTSA) and an insurance organization attributes the increased number of deaths to the fact that people are driving more and more.  Gas is cheap, so people are putting in more miles on the road.  More miles driven means more opportunities for car crashes.  More car crashes mean there are more deaths caused by car crashes.  The article also noted that 10% more motorcyclists were killed on motorcycles than in 2014.  

As a personal injury attorney, I look at my job as attempting to make the world a safer place.  The only way to do that is to hold people accountable for their negligent acts.  Holding people responsible for causing a crash will serve as a deterrent for others who drive negligently.  These statistics are troubling to me, because Oregon's deaths increased.  That means that as an Oregon Trial Lawyer I should be doing more to hold negligent driver's accountable for causing crashes.  The law is a powerful tool that can force people to change.  Hopefully this trend will continue.  

If you, or someone you know, has been injured or killed in a car crash then please call Jeremiah Ross at 503.224.1658.  Jeremiah represents persons involved in car crashes all over the state of Oregon.  He is happy to give you a free personal injury consultation.   He is also happy to assist you with dealing with the wrongful death of a relative and holding the negligent parties accountable.   Please call Ross Law today. 

If you were injured by Fireworks-Who is Responsible for your medical bills?

It is that time of year again.  People are dusting off their American Flags to hang on their porch, getting their barbecues ready, and stocking up on booze and fireworks.   The Fourth of July can be a blast, but it can also end in tragedy.   The Fourth of July is one of the few holidays where people often check there common sense at the door.  When people don't use common sense then they can injure others or themselves. 

People can be burned, maimed, or killed by fireworks.  Both legal and illegal fireworks are equally dangerous if used improperly.   When people are injured by fireworks, who is going to pay for the medical bills?  Well, like most things in the law, that is not an easy question.  However, there are some people or entities that may be responsible for the injuries caused by a firework.   The list below is not exhaustive, but it may help you determine whether or not you should call a lawyer.

1) The person that lit the firework.  Many times it is the same person that is injured.  That is why I noted "injured person" as number two.  However, if the person that lit the firework injured another, there home-owners or renters insurance may be responsible for paying your medical bills and compensating you for your injuries and lost wages.

2) The injured person.  Many incidents involving fireworks are caused by a lack of common sense or judgment.  Most people automatically want to blame the injured person for the injury.  However, people should not be so quick to rush to judgment.   This is based on a few factors. 1) The injured person may not done anything wrong, and it could have been a defective product; 2) The injured person may have been an innocent bystander that was simply watching the fireworks; 3) There may have been a lack of warnings on the packaging that may have helped prevent the incident; 4) Even if the person lighting the firework failed to exercise proper judgment and common sense, then there is comparative fault.  It could be combination of all of the factors above that resulted in the injury.

3) The property owner may have no fault insurance or "med pay."  Many insurance policies have no fault insurance (usually $5,000.00) called "Med pay."  This insurance can pay the injured persons medical bills up to the insurance policy limits. This is great insurance, because it doesn't matter who is at fault.

4) The property owner's liability insurance may be responsible for paying medical bills and compensating the injured person.   Many property owner's or renters have insurance that may cover injuries from fireworks.  An attorney will most likely have to investigate the incident to determine if the home-owner or business had any fault, but it is possible.  Maybe the homeowner supplied the fireworks?  Maybe the homeowner knew or should have known the injured person was too intoxicated to be lighting fireworks, but kept serving them alcohol?  Maybe the homeowner instructed the injured person to light the fireworks off in a certain area or in a certain way?  Any of these issues may result in the homeowner's insurance being liable for the injured person's medical bills and compensation for the injuries.

5) The manufacturer.  In certain cases it may be possible to show that the firework was a defective product.   This defective product caused the injured person's injuries so the company that made the product should be liable for the injuries.  These cases are not easy, but in certain circumstances, that may be a viable claim.

5) A bar, a homeowner,  or other establishment that over-served the person that lit the fireworks.  This is the "dram shop" liability rule.  In Oregon, if a social host or a place that serves alcohol (bar, restaurant, concert venue, etc.) serves alcohol to a person that is visibly intoxicated then the bar or social host may be responsible for any damages the drunk person causes.  This is a tricky legal theory that requires an attorney to promptly investigate the incident to figure out these facts. 

This list is not exhaustive, there are others that may be responsible for your medical bills, lost wages, and compensation if you are injured by a firework. However, if you are injured by a firework, then you should call Personal Injury Attorney Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  Ross Law LLC is a Portland Personal Injury law firm that is happy to assist you hold the responsible parties accountable.  If you want to read tips on what to do if you were injured by a firework, read this blog post.  

Injured by Fireworks-What do you do to figure out who is responsible?

The Fourth of July is here.  It is "Merica's" birthday and a day of celebration.   Many celebrations in Oregon involve alcohol, and usually end with a small fireworks display.   Fireworks are legal here in Oregon, but that does not mean they are without their dangers. 

It has long been known that fireworks can injure, maim, or kill people.   While working as a deputy district attorney our office prosecuted a local law enforcement officer for lighting off fireworks that injured a child. The child was maimed for the rest of her life, and the law enforcement officer lost his job and his life will never be the same.   This is just one tragic example of many where people are injured by fireworks.  

Many things can cause these injuries and property damage.  A lack of common sense, intoxication, a defective product, or a combination of these factors can lead to these injuries.  Most people jump to conclusions that the lack of common sense is responsible for causing the incident.  However, that may not always be the case.  

This leaves the question of what to do if you, or someone you know, get(s) injured by fireworks?  People usually start to ask this question when they are trying to figure out who is going to pay for the tens of thousands of dollars in medical bills?   These tips may help you investigate the incident.

1) If the injury is severe, call 911.  The injured person must get immediate medical assistance.  Burns are nasty injuries that can become infected, and the injured person may not feel immediate pain.  Especially if there is alcohol involved. Also, getting emergency responders involved may assist you in investigating how this occurred. 

2) Take photos of the firework or firecracker.  It is understandable that the injured person won't be doing this, but this is key information.  Try and get clear photos of the "fine print" or any other label that may have survived the blast.  If you can find the packaging for the firework get photos of it as well. 

3) Take photos of the scene and surrounding area where the incident occurred.   This may assist people in figuring out how the person was injured by a firework.

4) Get witness information.  Ensure you have a list of who saw the firework injure the individual. Make sure you gather their contact information so you can find them in the future if needed. 

5) Gather photos and video from earlier in the evening.  With the prevalence of cell phones most people are filming or photographing anything remotely interesting these days.  There is likely a person that has a photo or a video of the injured person or earlier fireworks displays.  This may be important information to obtain.  For instance, if an insurance company denies compensation to the injured party by claiming the injured person was drunk, a video showing the person sober would be nice evidence to have to rebut that.  Also, a video of other fireworks being lit off that didn't have an issue might be useful in showing that a particular firework was defective. 

6) Gather the remnants of the firework that injured the person.  This may or may not be possible, but the paper scraps and plastic pieces may be valuable evidence to help locate the firework manufacturer etc. 

7) If the injury occurs on private property, try and obtain the property owner's insurance information. This insurance information may be beneficial in helping you get your medical bills paid.  

This list is not exhaustive.  There are other things that you might do to assist you in preserving evidence to determine who is at fault for the injury.  However, this list should get you thinking about how to preserve evidence in the case you need to hold another party responsible for the injury.   Read my blog article if you want to figure out who may be responsible for the injury.

If you or someone you know has been injured by the negligence of another please call Jeremiah Ross at 503.224.1658.  Please call Ross Law today for your free personal injury consultation.  Also, please remember to take this advice with a grain of salt, as every situation is different.

The War on Words-Crash vs. Accident

As the father of a toddler, I constantly hear my son claim intentional acts were an "accident."   My wife and I work hard to explain that throwing sand at another kid is not an "accident" and there is not an excuse for that type of behavior.  I think most parents raise their kids the same way. 

However, at some point in our lives things change.   Employees constantly claim that a screw up was an "accident" or "wasn't on purpose"' so that should mitigate the damages they caused.  As a prosecutor I would hear defendants that injure a person in a DUII crash say "it was an accident."  On the show "Cheaters" (yes I watched it) people would be caught being unfaithful to their loved ones.  My favorite excuse was, you guessed it, "It was an accident, I never meant for it to  go this far."  You have to wonder why people are manipulating the word accident.

 It turns out that the word accident has been manipulated by corporation for over a Century.  Much like the brand "Kleenex" is synonymous with the word "tissue", "accident" has become synonymous with a preventable events, such as a "crash" or " human error".  

As a personal injury lawyer, this makes things a little more difficult for my clients in court.  This is due to the fact that the jurors have been pre-conditioned into thinking the bad driver that crashed into my client caused an "accident."  The defense lawyers/insurance lawyers imply because their client did not intend to run the red light they shouldn't have to pay the full amount of the damages they caused.  Many jurors agree, because that has been the way of thinking for decades.     

It turns out there has been a silent war to replace words involving a predictable event with the word "accident."  The New York Times recently wrote an article focusing on the debate between using the word "crash" vs. "accident."  According to the article, corporations used the word "accident" in their safety campaigns to attempt to absolve themselves of liability.   Car manufacturers used the word in the 1920's to absolve themselves of liability for manufacturing defects.  The word "accident" eventually was forced into our current lexicon by insurance companies and has become synonymous with the word "crash"

Here in Oregon, the word accident has replaced the word crash in our laws.  For example, ORS 811.720 notes "When an Accident must be reported to the department of transportation."   ORS 811.745, notes "When an Accident must be reported to  a police officer or law enforcement agency."  ORS 811.725 describes the penalty for "failing to report an accident." 

Is this a big deal?  I believe it is.  The word crash connotes what actually happens when a vehicle collides with something.  The word crash describes the noise, the twisted metal, the broken glass, and the twisted plastic.  It also better describes the crash was caused by human error.  We need to start taking accountability for our actions like we were taught to do.  Claiming things were an accident that were preventable events caused by human error contradicts everything we expect of our kids. 

If you have been involved in a car crash or if you prefer, car "accident," please call Jeremiah Ross at 503.224.1658.  Ross Law LLC will provide a free personal injury consultation to discuss your Oregon car crash.   Please remember the law is constantly changing and the laws cited above may change in the future. 

Can You Sue Someone That Over-served a Drunk Driver?

Barbecues and parties are a Memorial Day ritual for many.  Inevitably people consume alcohol at these barbecues.  Sometimes, people get drunk and decide to drive.  Obviously this is a bad idea.  A crash is likely to occur, and the drunk driver will most likely be prosecuted and can be sued civilly for negligence and punitive damages.   However, many times that will not leave the injured party whole.   Additionally, simply suing the drunk driver does nothing to deter people from over-serving alcohol to intoxicated people.  

In Oregon the "Social Host Law" ORS 471.565 allows for injured people to recover for damages caused by intoxicated guests.  The law requires that the "social host" (think home-owner or person throwing the party)  served or provided the booze or beer to the drunk driver while the drunk was visibly intoxicated and the injured person did not contribute to the drunk's intoxication.  

The law applies to negligence and intentional acts.  Therefore, a fraternity may be liable if they over-serve a drunk college student and the drunk college student rapes a young woman.  The host of a party that gets out of hand and a drunk hits and assaults another person may be liable if the host of the party over-served the drunk prior to the assault. 

The law also expands the liability beyond simply the drunk driver.  This allows for an injured person to arguably tap into a home-owner's insurance policy or renter's insurance policy. This is important in catastrophic injury cases where the hospital bills are tens of thousands (or hundreds of thousands of dollars).   The drunk's auto insurance policy may only be $25,000.00.  That is not enough if you have $50,000.00 in medical bills.   However, the social host may have a $300,000.00 home owner's insurance policy.  This would allow the injured person to attempt to collect $325,000.00 from the responsible parties.  

The law makes sense.  Basically don't be a jerk and put people in dangerous situations.   Over-serving alcohol to visibly intoxicated people is obviously a bad idea. It can be a very bad idea if you are aware the drunk is going to get rowdy or behind the wheel.  The law recognizes this.

The Social Host law is somewhat nuanced and has some short deadlines to file a notice with the social host.  Therefore, if you feel you were injured as a result of a person that over-served you, you should consult with an Oregon personal injury attorney as soon as possible.  Failure to give the other side notice may torpedo any potential social host liability. 

If you were injured by a drunk please call Portland Oregon Attorney Jeremiah Ross.   Ross Law LLC is more than happy to provide a free consultation to people that were injured by negligent and intentional acts of drunks.  Please call Ross Law LLC at 503.224.1658 for the free personal injury consultation.  Please remember Oregon Personal Injury law is constantly changing.  Please do not rely on this post for legal advice, and consult with a lawyer to determine your rights in your personal injury case. 

Marijuana Edibles: Holding People Accountable When They Get in The Wrong Hands

Oregon's marijuana industry is exploding at an astounding rate.  The OLCC is now loosening rules relating to marijuana edibles.  These edibles often contain concentrated THC and can vary in potency.   Many of the edibles are harmless.  However, some of the more potent edibles can become harmful if they fall into the wrong hands. 

Edibles are often packaged in packaging that mirrors candy, cookies, and other sweets.  The packaging makes the treats enticing to adults, but also makes them very tempting for kids.   As the father of a two year old, I am constantly amazed at the time and effort a toddler will dedicate to discovering and consuming a cookie.

What happens when a child consumes marijuana edibles?  According to the Children's Hospital in Colorado, a child may become extremely drowsy, have difficulty breathing, and in some cases may enter a coma and need the assistance of a ventilator. The hospital notes that most children will require hospitalization if they ingested a marijuana edible. 

Who is responsible for paying the medical bills if a child is hospitalized due to consuming a marijuana edible?  The answer is not clear. Insurance may pay the medical bills, but then assert a lien over any amount that they paid, and often insurance doesn't pay the full amount.  Many people may assert it is the parents fault for not watching their children, or keeping the edibles in a place accessible to children.  However, Oregon Law has parental immunity that may protect the parents in this situation.  Other times the children may obtain the marijuana edibles at a friend's house or some other place.  If that is the case, then the person who possessed the edibles may be responsible.  In some cases the manufacturer may be responsible.  

Can the child obtain compensation for the harms and losses they suffer from eating marijuana edibles?  Maybe.  One of the issues would be how severely harmed was the child.  It is unlikely that a child who eats edibles that makes him drowsy would recover very much.  However, a child that suffers respiratory issues that reduced oxygen levels to dangerous levels may be awarded a substantial amount of money.

If you or someone you know have a child who consumed marijuana edibles and was hospitalized, please call Portland, Oregon Attorney Jeremiah Ross.  Ross Law LLC provides a free consultation for personal injury clients and is happy to discuss your child's case with you.   Please remember this is an attorney blog, that could be considered attorney advertisements.  Also, please note each case is unique and the law is constantly changing.  Do not rely solely on this blog, as it is not legal advice. For more information call 503.224.1658. 

Roads are Safer than Hospitals According to Johns Hopkins

For years we have been told that roads are dangerous and one of the leading causes of death in the United States.  A new study by Johns Hopkins just confirmed that Hospitals are more dangerous than car accidents.  The study analyzed statistics regarding the causes of death and determined that "medical errors" are the THIRD leading cause of death in America. 

"Patient Safety" appears to be entering the main-stream.  The Washington Post article highlights how these issues are just now coming to light.   For years people were told and believed that Doctors rarely make mistakes, and when they do Doctors often receive a "pass" because of all of the people they help.   Hospital Administrators and Insurance Companies appear to be losing ground on the public relations front, and people are waking up. 

The article mentions many of the complexities that must be resolved before we discover how large this problem truly is.  One of those issues are secret "medical review boards." Here in Oregon, many hospitals have medical review boards that analyze medical mistakes.  However, those review boards and there findings are secret.  This makes it difficult to track the number of mistakes and learn who is making them and how often.   This process in Oregon needs to be changed to allow more transparency, so patients can make informed treatment decisions. 

If you have been harmed by a "medical error" or medical malpractice please call Jeremiah Ross at 503.224.1658.  

Ross Law Obtains $50,000.00 Policy Limits Settlement for "Soft Tissue Injury"

Many insurance companies refuse to pay full value on cases involving soft-tissue or whiplash type injuries.  Insurance companies are skeptical of people claiming soft-tissue injuries, so they minimize the value.   However, soft tissue injuries can have an enormous impact on an injured person's life.   The constant pain can become overwhelming and interfere with every aspect of a person's life.

I recently represented a client that was involved in a Portland Oregon car crash.  The crash caused soft tissue injuries ("whiplash") to his neck.   The client had pre-existing neck injuries, so that complicated the case.   The insurance company stone-walled and would not tender the $50,000.00 policy limits.   The adjuster asserted it was a "soft tissue" case, and discounted it on that basis. 

I filed the case and and initiated discovery.  In return, the defense sent my client to a Defense Medical Exam (aka IME).  The Defense Medical Examiner gave his standard spiel relating to pre-existing condition and gave the insurance company the opinion they had paid for.   

Despite these challenges, I continued to push the case forward and insist on the policy limits settlement.  Eventually, the insurance company capitulated to our demands and tendered the policy limits.   

Soft tissue cases can have an enormous impact on a person's life.  These injuries should be compensated like any other injury, and can have significant value.   If you have been injured in a crash and have suffered soft tissue injuries, please call Jeremiah Ross at 503.224.1658.  The Personal Injury consultation is free, and there is not any obligation to you. Please remember that all cases are unique and results may vary.  Your case may not have the same value.