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.

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.

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.

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.

Jeremiah Ross Mentioned In August Portland Monthly Magazine

As previously mentioned, Jeremiah Ross was selected as a Superlawyer in the Personal Injury Category. Jeremiah Ross was mentioned as a personal injury superlawyer in the August 2018 edition of Portland Monthly Magazine.

If you or someone you know need an Oregon Personal Injury lawyer, call Jeremiah Ross at 503.224.1658. Ross Law PDX is always happy to provide free case evaluations for personal injury clients throughout the state of Oregon.

Portland Riders Take Note-Two Shared E-Scooter Riders Die This Month

I had previously expressed concerns the dangers the shared E-Scooters pose to riders and others. As predicted as ridership has increased, so have the injuries and deaths. Last month two shared e-scooter riders died. One shared e-scooter rider was killed in Washington DC after being hit and dragged by an SUV. Another rider was killed after being found with a major head injury and hundreds of yards away from the scooter. That rider died of blunt force trauma to the head.

These catastrophic injuries are exactly the types of injuries we expect to see in the personal injury world. Earlier this year a teen was seriously injured while riding an e-scooter in or around Gresham Oregon. It is not a matter if, it is a matter of when, another Portland e-scooter rider suffers from a concussion, Traumatic Brain Injury (TBI), broken arm, or leg. Unfortunately, it is also only a matter of time before a shared e-scooter rider is killed in or around Portland. There are simply too many inexperienced riders without helmets riding vehicles that travel at speeds dangerous to cause serious injuries or deaths.

If that occurs the rider should contact immediately contact a personal injury lawyer. As a Portland Personal Injury Lawyer, I am happy to provide free case evaluations for personal injury clients. Call my office, Ross Law PDX, at 503.224.1658 if you or someone you know have been injured by or on a shared e-scooter. Please note that this post is for Advertising Purposes.

Jeremiah Ross Votes to Approve The 2018 Final Report on the Task Force on Autonomous Vehicle

After numerous meetings, hours of reviewing documents, and collaborating and discussing issues with others, Oregon’s Task for On Autonomous Vehicles unanimously voted to approve a 2018 Final Report to the Oregon State Legislature. I was honored to represent consumers on this committee and protect their interests on the Liability and Insurance Sub-Committee. In addition to myself there was only one other personal injury lawyer on the committee and I was proud to be the only Consumer lawyer on the committee. The Report will now be forwarded to the Legislature to assist them in formulating laws and policies regarding Oregon’s Autonomous Vehicles. Click here to review the full task force on Autonomous Vehicles 2018 Final Report.

If you or someone you know has been injured in a crash with an Autonomous Vehicle Call Oregon Personal Injury and Consumer& Auto Fraud Attorney Jeremiah Ross at 503.224.1658 or Ross Law LLC. Please remember this post is for informational purposes only and that it can be considered ATTORNEY ADVERTISING.

E-Scooter Injuries Are a Significant Concern for Portland

E-scooters have taken Portland by storm. It is only a matter of time before Ross Law PDX represents an individual injured on an e-scooter operated by Bird, Lime, or Skip. Recent articles have noted the frequent and alarming number of injuries on e-scooters. Some of these injuries are caused by operator error, some are caused by driver’s failing to pay attention to the riders, some are caused by the e-scooters failing to operate as they should. Some of these injuries can be catastrophic and one person has already been seriously injured on an e-scooter in Portland. This should concern all of us in Portland, as the nuisance of e-scooters is one thing, but injuries and fatalities are unacceptable.

As you may imagine, the courts and regulators are going to have to sort out the mess created when a person is injured or killed in an adverse incident involving an e-scooter.

If you or someone you know has been injured in a crash or accident with an e-scooter, please call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide a free case evaluation for personal injury clients.

Ross Law files Suit against USAA Casualty Insurance for Wrongfully Denying PIP Benefits

USAA has been my insurance company my entire adult life. They market themselves as supporters of the military and veterans. That may be the case, but as a personal injury lawyer, I often witness USAA doing anything they can to deny veterans and their families personal injury protection benefits. As a result USAA is often the target of PIP lawsuits in which the insured is forced to sue USAA for wrongfully denying benefits in an effort to obtain their insurance benefits. Recently Ross Law PDX filed a lawsuit against USAA Casualty Insurance Company in an effort to obtain our client PIP benefits.

In our case USAA through Auto Injury Solutions sent our client’s medical record out to a hired gun doctor to give an opinion that my client was not hurt as bad as she claims to have been. This is often referred to as a “record review” or “file review.” USAA then failed to provide any notice that it was denying our client’s bills or explain why. We have alleged this is in violation of Oregon Law and its contract. USAA appears to have taken a position of vigorously defending the action.

If you or someone you know have been wrongfully been denied PIP benefits, please call Oregon Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to fight insurance companies that have wrongfully denied insurance claims. Please note that the litigation noted above is pending, and the opinions espoused by me on this blog are my opinions and based on my personal experiences.