Uber Demands Confidentiality Clause to Settle Lawsuits

Uber is in the news again in Oregon as a result of one of its drivers brutally raping a passenger numerous times in Medford, Oregon. Our blog has previously noted the various incidents of sexual abuse of Uber passengers by ride-share drivers. As predicted, the incidents are becoming more prevalent. However, we are often not hearing about all of the incidents because Uber Technologies and Raiser LLC insist on confidentiality clauses and non-disparagement clauses (clauses that prevent a person from speaking freely about Uber, the incident, and/or any settlement) in order to resolve any claim the injured party may have.

It is obvious why Uber would want to sweep its negligence under the rug. The less people know about the number of incidents and types of incidents caused by an Uber Driver, the safer the Uber appears. These confidentiality clauses are a growing trend and Uber (through Allstate Insurance) is even insisting that our client sign a confidentiality clause in a car crash case involving an Uber Driver. From the perspective of the injured party, this is flat out wrong.

If you or someone you know has been injured or assaulted by an Uber driver and have questions about your options, please contact Oregon Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide a free personal injury case evaluation. Please note that this blog articulates the opinions of Ross Law PDX based on our training and experiences as a personal injury law firm.

What You need to Know if You were Injured or Assaulted by a Drunk!

The Superbowl is here again. Some people get excited for the Superbowl to watch the game, others for the commercials. For some, the Superbowl is an excuse to party and get drunk. The people that party in excess are who you have to worry about. Drunk Driving, Road Rage, Bar Fights, and even Domestic Violence and sexual assault incidents are often caused by people that drank too much alcohol on Superbowl Sunday. If you are one of the unfortunate people that are injured and/or assaulted by a drunk on Superbowl Sunday you may be able to hold all wrongdoers accountable by filing a civil action in court. This means that not only is the drunk that directly injured or assaulted you accountable, but also the bar or social host that knowingly permitted the drunk to drink to excess.

Oregon has specific “Dram Shop” laws and “Social Host” laws that are meant to deter people from over-serving alcohol to people. Oregon courts have determined a person who receives guests in a social l 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. See Solberg v. Johnson, 306 Or 484, 490 (1988). This case can also be interpreted to mean that not only would the social host be responsible for the injuries caused by the drunk driver, but would also be liable if the drunk assaulted another or sexually assaulted another.

It is important to keep in mind if you intend on making a dram shop claim there are time limitations that notice must be given in. Specifically, if it is a wrongful death claim then notice must be given within one year of the date of death, or within a year after the date the plaintiff discovered or should have discovered, the claim, whichever is later. (ORS 471.565) In a personal injury matter, notice must be given within 180 days of the injury, or 180 days after the injured person discovered or reasonably should have discovered, the existence of a dram shop claim whichever is later. (ORS 471.565) However, these notice requirements may not always apply and there are exceptions. Please refer to a current version of ORS 471.565 for notice requirements and time limitations.

Dram shop cases can be complicated and there are other theories an attorney can use to attempt to obtain maximum recovery for a person’s 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. Please consult with an attorney if you believe you have a dram shop claim or have been injured or assaulted by a drunk.

3 Tips For Dealing with Portland's Snow:

Rumors of Snowmageddon are back. People seemed obsessed with the weather apps that are all showing the highly sought after snowflake graphic for Portland on Tuesday, Wednesday, and Thursday of next week. As Oregonians, we know that it is very difficult for meteorologists to predict snow in the Willamette Valley, but things look to be shaping up for snow to fall next week. Below are three tips to help deal with the snow (if it actually snows):

1) Be Informed: News Stations are using the threat of an impending storm to draw people in. That is why there is so much news chatter about Snow. As a result, I don’t pay attention to the snow or news meteorologist (even though some of them are pretty good.) If you want the true most reliable forecast to go to the source, The National Weather Service. Their web-site does a fantastic job, but their twitter feed is EPIC for keeping informed about snow and road conditions. Click Here for the National Weather Service Portland’s Epic Twitter Feed or follow them @NWSPortland. Click here for the National Weather Service Web-Site.

2) Be Prepared:

• Your Vehicle: Ensure the vehicles have a full tank of fuel for Monday and Tuesday’s commute. You do not want to be stuck in one of Portland’s infamous traffic jams without and run out of gas. Ensure you have a blanket and some snacks in your vehicle in case you get snarled in standstill traffic during your commute. Ideally, your vehicle should have tire chains and/or All Wheel Drive or Four Wheel drive. If you use chains you should practice putting them on this weekend. This ensures that you can put them on when you need to.

• Your Home: Ensure you have enough food at home. Remember to have food that can be prepared without electricity, because the power often goes out during a snow storm due to tree limbs falling on power lines. (Click Here for the PGE Outage Map) Be careful with heating your home with kerosene heaters, as they pose a fire risk and remember to ventilate your home. Click here for Kerosene heater safety tips. Also, remember to cover your exterior pipes and water facets so they don’t freeze.

• Your Sidewalk: Ensure you have a snow shovel or rock salt to clear your sidewalk. Remember the Portland City Code REQUIRES YOU to remove ice and snow on your sidewalk. At Ross Law we have represented people that have fallen and injured due to people failing to clear the sidewalk of ice and snow. Removing ice and snow from your sidewalk is the easiest way to avoid the guilt of knowing that your negligence injured someone and the hassle of dealing with insurance companies and their lawyers.

3) Be At Home: Unless you have to leave your home then you should stay home to avoid the commute. Ask your boss if you can work from home. Many employers in the Willamette Valley let employees go early to avoid the commute. If you have kids remember to keep up to date on their school’s closures as they often get released early.

Hopefully, everyone will be safe and avoid the disasters of the past snow events. However, if you find yourself needing a Portland Personal Injury lawyer please call Ross Law PDX at 503.224.1658 for your free personal injury case evaluation. Jeremiah Ross has represented people that were injured in car crashes in the snow and ice, and people that have fallen on slippery sidewalks.

New Law: In 2020 Oregon Cyclists Can Legally Roll through Stop Signs

Starting January 1, 2020 Oregon’s cyclists can legally roll through stop signs. In other words, if you are riding a bicycle you can treat a stop sign and flashing red lights as a yield sign. The new law only requires cyclists to slow to a safe speed and yield to any traffic that is already in the intersection or close enough to be dangerous to the cyclists.

As a personal injury that has represented numerous cyclists that have been injured in crashes with vehicles, I have mixed feelings about the law. The proponents of the law have a point when claiming cyclists need to keep their momentum and stop signs on residential streets can be a serious impediment to commuting by bike. They also have a point when they note that many cyclists are already doing “Idaho stops” or “California Stops.” However, the concern is that cyclists may construe the law as permitting them to dart in front of traffic and expecting vehicles to stop. This may increase the chance of the cyclist being injured or killed by a car. We will have to see how this plays out once the law goes into effect in a couple of days.

Click Here for the full text of SB 988 (2019) if you need further explanation on Oregon’s laws. If you or someone you know is a cyclist that was injured or killed in a crash with a vehicle please call Personal Injury and Bike Lawyer Jeremiah Ross. Call Ross Law PDX at 503.224.1658 for your free personal injury consultation. Please review the law and do not solely rely on this post.

Its Snowing in The Passes! Things You Should Have Before You Travel:

Its Thanksgiving already and the snow is dumping in the Cascades. Remember to be prepared before you leave because you never know what may happen out there. The last thing you want is to be involved in a crash or get stuck on the side of the road only to find out that you do not have an essential item. You should consider bringing all of the items below before you head off through Oregon’s Mountain Passes or drive through Eastern Oregon.

If you or someone you know is involved in an Oregon Motor Vehicle Accident call personal injury lawyer Jeremiah Ross at 503.224.1658 for your free personal injury case evaluation. Ross Law PDX represents people throughout Oregon, including Malheur County, Umatilla County, Clatsop County, Jackson County, and everywhere in between.

Is There a Deadline To File An Injury “Claim” in a Vehicle or Bike Crash?

The Only Deadline with the Bad Driver and their insurer is The Statute of Limitations: Insurance companies will try many things to expedite your claim and force you to settle short. They want to provide you with the least amount of money possible for your injuries and avoid the prospect of you having a costly permanent injury.

This is especially true in “soft tissue” damage cases. For example, if you settle for $1,500.00 a week after the crash and then find out you need back surgery a couple of months later because the crash herniated a disc, then you usually cannot come back and demand more money from the bad driver’s insurer because you settled your claim for $1,500.00.

The insurer’s Stop Watch is Not Always Operating the Same Speed as the Court’s Statute of Limitations

One way insurers try and pay minimal value for the claim is trying to rush you to settle. They will threaten to “close your claim” if you don’t settle that day. The bad driver’s insurance adjuster will say it in a manner that makes you think you can’t re-open the claim later. They may send letters noting the statute of limitations, but they will act differently on the phone. All you have to remember when dealing with the bad driver’s insurer is The only real deadline with respect to your Oregon bodily injury claim against the bad driver is the 2-year statute of limitations. See ORS 12.110(1) (2018) for specific language.

If you have any questions reading the statute of limitations or need more information regarding dealing with an insurance company please call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX represents people involved in car crashes and insurance disputes throughout Multnomah County, Clackamas County, Washington County, Columbia County, Umatilla County, Clatsop County, and throughout the state of Oregon.

Please refer to the law or contact an attorney and do not solely rely on this post. The statute of limitations is a BIG DEAL and you must be very clear on that issue if you intend on pursuing a claim for compensation against the driver. Please note uninsured motorist claims, Dram Shop Claims, Claims Against Public Bodies (Federal, State, County, and City), under-insured motorist claims may all have different statutes of limitations. This post may be considered personal injury lawyer advertising.

What You Need to Know to Survive Halloween!

Almost every year Ross Law posts Halloween safety tips. However, this year we have to admit that the Madison Alabama Police Department has outdone us. I came across a great post from the Independence Oregon Police Department yesterday with useful and hilarious Halloween tips. Here are some of the highlights from the Madison Alabama Police Department’s post:

Adults:
If you want to participate in Trick or Treat…turn on your porch lights. Fire up the scary skeletons and spooky goblins!

If you do not want to participate, turn OFF porch lights and any lights on the front of your home. This is a signal to young ones that you are not serving up the goods!

If you are handing out cavity starter packs, be sure the candy is wrapped and sealed. Homemade treats are great, but will often end up in the trash after parental inspections. Consider non-food treats such a coloring books or stickers to avoid possible food allergy issues.

If you are driving through residential areas, be aware that little monsters and goblins are hyped up on sugar and may not be paying attention to cars or traffic.

Do not drop your children off in a strange neighborhood to trick or treat alone just because it looks like a safe place to get some highfalutin candy. Remember, even Jeffrey Dahmer lived in a nice neighborhood.

Do NOT Get in This Guy’s Car No Matter What Kind of Candy He Offers you!

For the Trick or Treaters:

If the porch light is OFF keep moving. This house probably has Dollar Tree candy anyway.

If you receive homemade treats, ask your parents before eating them. Not everyone washes their hands.

Use sidewalks and stay in a group. Cross streets only at crosswalks and do not cut across yards.

Carry a flashlight or wear reflective clothing. Ghosts are only cool if you can see them!

Never go in a house or enter a car to get candy or treats. It could be haunted or worse.

Trick or Treating after 9:00 pm is not cool. Go home and divvy up your loot! Tomorrow is a school day!

Click HERE to read the full post.

Please be safe out there. We want to thank Law Enforcement agencies for getting the word out and trying to keep our streets safe. If you have any questions please call Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide free personal injury consultations. Please note that Ross Law is not affiliated with either the INdependence Police Department or the Madison Alabama Police Department.

5 Things Inured Cyclists Should Know About PIP and Getting Medical Bills Paid

Ross Law often fields calls from cyclists that were injured by a negligent driver (aka the “bad driver.) Many times the injured bike rider is struggling to figure out the insurance issues and how they can, 1) recover for their lost wages, and 2) get their medical bills paid. Whether or not a person can recover for lost wages (Wage Benefits) or get their medical bills (Medical Benefits) paid largely depends on whether or not they have PIP (Personal Injury Protection) insurance available to them. If you have questions about what PIP insurance is or how much you can receive in PIP, please CLICK HERE to Ross Law’s previous article on Oregon PIP benefits. The big thing to remember about PIP is that it is “no-fault” so it applies regardless of who is at fault.

The following should hopefully assist injured Oregon cyclists to navigate the insurance issues if they were injured in a crash with a bad driver.:

1) Does an Injured Cyclist Have PIP Insurance Coverage? Maybe. Insurance policies issued in Oregon are legally required to provide personal injury protection (PIP) coverage in certain scenarios. Generally, PIP will provide coverage for a cyclist that is injured in a crash with a bad driver. However, it is not that simple. It also becomes a matter of priority of insurance policies. That will be discussed below.

2) If a cyclist was injured in a crash with a bad driver, does the injured cyclist’s PIP Pay for lost wages and medical bills? Probably. Under Oregon law the injured cyclist’s own PIP insurance from the cyclists’s auto policy will pay first. If the injured cyclist does not have their own Oregon Auto Insurance Policy then the injured cyclist’s health insurance should typically pay. Lastly, if the injured cyclist does not have an Oregon Auto Insurance Policy or health insurance then PIP coverage can be obtained through the bad driver’s Oregon Auto Insurance Policy.

3) Can an injured cyclist get PIP benefits if they do not have their own Oregon Auto Insurance Policy? Maybe. It is very common for an injured cyclist to not have their own auto insurance policy. As a result, they may think that they do not have access to PIP benefits. An injured cyclist may be able to get PIP insurance coverage through a resident relative or through a ride-sharing program. If the injured cyclist has no PIP coverage of their own, then the injured cyclist can have access to the bad driver’s PIP to pay medical bills if 1) the injured cyclist does not have any health insurance coverage or 2) the injured cyclist’s health insurer does not pay the full amount of the medical bills (think co-pay expenses or out of network expenses). The bad driver’s PIP may also be responsible for paying PIP wage loss benefits if the injured cyclist cannot obtain PIP coverage of their own.

4) Why Would The Bad Driver’s Insurance Company Refuse to Pay PIP Medical Benefits to an Injured Cyclist? Usually, when the bad driver’s insurer is refusing to provide PIP coverage to an injured cyclist it is because the bad driver’s insurer is not convinced that: 1) the injured cyclist does not have PIP coverage under an Oregon Automobile Insurance Policy, or 2) the injured cyclist does not have health insurance. The bad driver’s insurer will often send out a document titled “Declaration of No Coverage” or something similar for the injured cyclist to sign. If you receive one of these documents you should immediately call a Personal Injury Lawyer to discuss it. Additionally, the bad driver’s insurer may claim that they are only paying reasonable and necessary medical expenses. They may deny payment of a bill because they claim it was not reasonable or necessary. Should that occur, please contact a Personal Injury Lawyer to discuss it.

5) How Does PIP Work if Your Health Insurance Is Paying Some Medical Expenses But Not All? Remember that if the injured cyclist does not have their own PIP insurance but they have health insurance then the health insurance becomes primary coverage over the bad driver’s PIP. As a result, the bad driver’s PIP will only pay medical expenses that are not paid by your insurance company. This can be frustrating as a practical matter because people often have to pay co-pays at the time they seek treatment. If this occurs, then the bad driver’s PIP insurer should reimburse the injured cyclist for the paid co-pay once the bad driver’s PIP insurer receives proof that it was paid. The bad driver’s PIP will usually send a check directly to the injured cyclist a couple of weeks it receives proof of payment (aka proof of loss.)

If you or someone you know were a cyclist injured in a crash with a bad driver, please call Oregon Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Jeremiah Ross has represented injured cyclists for years and is happy to provide a free case evaluation. Jeremiah Ross has also successfully sued numerous insurance companies for failing to provide Personal Injury Protection benefits to injured Oregonians. Pleae remember the law is constantly changing and this blog article is for information only. Please contact a personal injury lawyer if you have questions, comments, or concerns. Do not rely solely on this post.