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Amusement parks are cherished destinations where memories are made and thrills are experienced. By adhering to these regulations, amusement parks contribute to a vibrant and secure environment that allows visitors to embark on unforgettable journeys while knowing that their safety is in capable hands. Here is what you need to know if you are injured….

What You need to know if You are Injured on an Oregon Amusement Ride or Device

HELPFUL LINKS FOR VA BENEITS

Another attorney was kind enough to provide the following links to assist veterans in obtaining benefits.  Ross Law LLC is not affiliated with any of these groups, nor does Ross Law LLC ensure the accuracy of the information contained on the linked website(s). 

Please remember this post is for informational purposes only.  

RUNNING A RED LIGHT CAN KILL, BUT PEOPLE STILL DO IT….

We all know the rules of the road require you to stop when the light is red or about to turn red.   However, many people continue to run red lights.  This split second decision can have deadly consequences, but people still do it.

A recent study found  2.3 million drivers in 18 states ran a red light last year. Additionally, more red lights were ran during memorial day weekend than any other weekend.  The study determined that if the results of the study were applied to the whole country it would result in a person running a red light every 1.2 seconds.  This is a terrifying statistic considering in 2009 676 people were killed and 130,000 people were injured by other drivers running red lights. Cyclist and pedestrians are particularly vulnerable to being injured by  a driver running a red light.  For more information regarding the study click here.

Here in Oregon, the law states a “driver facing a steady circular red signal light alone shall stop at a clearly marked stop line, but if none, before entering the marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, then before entering the intersection.  The driver shall remain stopped until a green light is shown except when the driver is permitted to make a turn under ORS 811.360 (When vehicle turn permitted at Stop Light).” ORS 811.260  Despite this law people continue to run red lights.  Not only do they risk a being convicted of a class B traffic citation, they risk killing or injuring another.  Knowing this, we have to wonder why are people running red lights.  Distractions, trying to save time, and failing to pay attention are common excuses.  Red light runners are aware these are not valid excuses, yet they still do it.

If you or someone you know has been injured by a person running a red light please contact Portland Personal Injury Attorney, Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  Red light cases can be challenging because the insurance company and the driver may take the position that the light was green and force the injured driver to prove the light was red. Many times it is imperative that an injured person speak with an attorney or their claim may be denied.  Please remember this post is for informational purposes only and the law is constantly changing.  This post does not create an Attorney client relationship.

NEGLIGENT DRIVER KILLS ADVENTURE RACE PARTICIPANT….

As a proud participant of a GORUCK challenge, I was saddened to learn a participant was killed by a negligent driver.  The GORUCK challenge is a team event inspired by special forces training that involves carrying a backpack filled with bricks, walking and running for long periods of time carrying heavy items, and pushing yourself beyond your known physical limits.  

Recently in New York, GORUCK participants were walking along the side of a highway.  A car approached from the rear and veered onto the shoulder of the road striking and killing a participant.  For more information regarding the incident click here.  

This tragedy is a reminder there are real consequences to momentarily taking your eyes off of the road.  People are killed by people looking at cell phones, changing the radio station, or simply not paying attention. These tragedies are avoidable if drivers simply pay attention and follow the rules of the road. 

If you or someone you know has been struck by a car feel free to callPortland Personal Injury Attorney Jeremiah Ross at 503.224.1658for your free personal injury consultation. Please remember this post does not create an attorney client relationship and is for informational purposes only.

THINK “SAFETY FIRST” WHEN HIRING A LIMO FOR PROM…

Oregon’s prom season is here.  Kids dream of the perfect evening and many want to hire a limo to arrive in style.   Most parents don’t give much thought about hiring a limousine and leave it to their children to scour the internet to find the limo the teen wants to hire. 

As a result, most of the effort in hiring a limo is focused to finding a limo that looks cool, can hold enough passengers, and is affordable and available.  Safety and insurance is often an afterthought.   However, safety and insurance should be the first thing parents look at when hiring an Oregon Limo company.

Limousines can be very dangerous.  They can carry numerous people, most passengers are not wearing seat belts, and there are limited exit routes.  The dangers of limousines are often compounded by the rowdy passengers. This is why it is important parents do their homework prior to hiring a prom limousine.  Below is a list of things parent should address prior to hiring a limo:

  • Ensure the limo is modern and preferably has more than two exit doors.  Multiple exit doors are important if passengers need to exit quickly if their is a fire or crash.  Try and see the limo prior to signing any contract, so you can see if there are any safety concerns prior to prom night.  For instance maybe the doors are inoperable due to interior modifications. 
  • Fires can be deadly in limos due to the limited exit routes. Ensure the limo has a fire extinguisher that is accessible in the rear of the vehicle. Ensure the fire extinguisher is up to date. Most importantly discuss where the fire extinguisher is with your child.  Do your best to ensure they know how to operate it and they feel comfortable doing so in an emergency.
  • Ensure the driver and company is reputable.  The Oregon Secretary of State keeps a data base of consumer complaints that are forwarded to them.  Click here to search for the particular limo company’s complaints.  Also, review on-line reviews, better business bureau complaints, and perform a search engine search on the limo company and the driver’s name if possible.
  • Ask about prior incidents, collisions, and injuries.  Be open about your concerns and ask the limo company how they are going to address them.  For instance you may be concerned with kids consuming alcohol in the limo.  You may want to ask how the driver will handle that situation if it arises. 

The tips above are things for parents to think about, but the list is by no means exclusive.  Prom night can be exciting for teenagers and terrifying for parents.  Doing your homework on the limo company may help alleviate some parental anxiety on prom night.  It may also save your child from getting in a dangerous situation. 

If you or your child has been injured in a limo crash, call Oregon Injury Attorney Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  Please remember this post is not to be construed as legal advice and is for information purposes only. In some states this post could be considered Attorney Advertising.   Lastly, this post does not create an attorney client relationship.  

HIT BY A RECKLESS DRIVER? YOU MAY BE ENTITLED TO PUNITIVE DAMAGES..

Actor Paul Walker’s recent death is a reminder that Reckless Driving is not a victim-less crime.  Law Enforcement officials recently determined the Porsche Walker was riding in was traveling between 80 and 93 MPH prior to the crash.   The speed limit on the road was 45 MPH.  Investigators determined speed was the sole cause of Walker’s tragic death.  CNN Link To Speed Killed Paul Walker. 

It is no secret that Oregon Drivers will be cited for speeding.  However, many people are surprised they are cited for “reckless driving” after a collision.   A person commits reckless driving in Oregon if they recklessly drive in a manner that “endangers the safety of persons or property.” ORS 811.140. A person is “reckless” if they consciously disregard a substantial and unjustifiable risk.ORS 161.085.  Reckless driving is not only a Class A Misdemeanor, but a driver that commits reckless driving and injures a person or property can be liable for punitive damages.  If your not sure what a reckless driving is, see the youtube video below for a great example. (Yes, that is a machine gun being fired out of the window.)

In many cases, Oregon Law allows person to collect money from people that recklessly endanger and injure a person. ORS 31.730   These damages are awarded to the injured person to punish the reckless driver, and can make a difference in the amount of money the injured party receives. For instance, a person with temporary minimal soft tissue injuries with medical bills less than $10,000.00  will most likely find it difficult to receive a substantial award or insurance settlement.  However, if the at fault driver was reckless in causing the injuries then the injured party may receive more money.  The additional amount will vary depending on the injuries, the reckless conduct, and the “record as a whole.” ORS 31.730   

There are many nuances with punitive damages that should be specifically addressed by an Oregon Attorney.  Sometimes the effort to obtain punitive damages and what it allows the defendant to do may be detrimental to the injured parties case. It should also be noted that the State of Oregon will receive a portion of a punitive damage award. 

If you have been injured by a reckless driver in Oregon feel free to call Oregon injury attorney Jeremiah Ross at 503.224.1658 for yourfree personal injury consultation.  Ross Law LLC is always happy to discuss car crash cases with injured persons.  Please remember this post is for informational purposes only and does not constitute legal advice. Punitive damages can be a very complicated area of law and the law is constantly changing, so it is best to speak with an Oregon Lawyer about your case. Please also remember the post on the Ross Law LLC blog can be considered “Attorney Advertising” in some jurisdictions, and this post does  not create an attorney client relationship.

INVOLVED IN A CAR CRASH WITH A POLICE PATROL CAR-? GET THE AFTER ACTION REPORT

In recent litigation with a local city regarding a collision involving my client and a patrol car, I encountered an interesting issue involving the “Crash Review Board” report.  These reports can contain valuable evidence regarding who was at fault and they contain valuable witness statements.

Many Oregon police departments have Crash Review Boards that are made up of various members from the Police Department, Risk Management, and City Management. The City of Portland has a Crash review board that evaluates each officer involved car crash to determine if the crash was preventable or non-preventable.  If the crash was determined preventable then board will make a recommendation to the various management entities that decide if the officer should be disciplined.  A non-preventable collision does not require further action.  The board members may draft an After Action Review document noting what they believe the cause of the collision was and they then justify their decision with the evidence before them.

In rendering their decision board members are usually provided police reports and accident reports and a report from a higher ranking investigating police office with the officer’s recommendation regarding whether or not the collision was preventable.   The County or City that is tasked with defending a lawsuit involving a police car may assert a privilege or redact many of these documents in the discovery process. However, these documents should be disclosed.

In Oregon, every person has a right to inspect any public record of a public body , except as otherwise expressly provided by ORS 192.501 to 192.505. (ORS 192.410 (1)) The government must prove the public interest in nondisclosure “clearly” outweighs the interest in disclosure. City of Portland v. Oregonian Pub. Co , 200 Or. App. 120 (2005).

In City of Portland, v. Oregon Pub. Co. 200 Or App 120 (2005), the City refused to provide documents related to an internal investigation related to an officer involved shooting. Specifically, the Oregon Publishing Company requested, “documents that fill the gap between  the criminal investigation and the disciplinary letter to McCollister.” (Id.)  The City relied on ORS 192.502 (1) and a letter from the chief stating:

“I strongly believe that in order to encourage greater candor and critical self-evaluation, Bureau members need to feel comfortable that honest, candid assessments will be used solely to improve the performance of a particular employee (through disciplinary action should that be necessary) or to assist in improving the performance of the Bureau as a whole. In my opinion, public disclosure of records of the type at issue in this case would have a chilling effect on the free flow of frank, uninhibited advice and self-critical observations within the Bureau.”

    Id. at 121

The Court held an in camera review and noted: The City possessed an “after action memorandum” a “confidential memorandum” and logs relating to a review committing and their votes regarding if the officer breached protocol and what if any sanction should be imposed.” The Court held “none of these documents contains material the disclosure of which would have a seriously chilling effect on future investigations, particularly in light of the fact that the description of events, the findings, and the discipline imposed were already disclosed***” Id. at 123.)  The court went on to note, no whistleblower was identified, no personal criticism is leveled. Also, “Supervisory personnel render judgments, but they are clinical and detached. To conclude that public disclosure of such judgments, made pursuant to supervisory duties, would discourage future candor is an insult to the supervisors themselves.” Id. 

The Court ordered all of the documents to be disclosed and noted that the public needs to have complete confidence in an unbiased and thorough inquiry and “That confidence comes from transparency and its value is not outweighed by the speculation that transparency will quell candor at some future date. This is not a close case.” Id.

The government may argue that this report is inadmissible because it is a subsequent remedial measure.  However, Oregon Courts have ruled otherwise.   In Ensign v. Marion County, 140 Or App 114, 118-120 (1996), the court found a crash review board’s determination that a deputy Sheriff caused a collision was admissible against the County.  Specifically, the board’s finding was not a “subsequent remedial measure” because “one cannot investigate an accident before it occurs.” Id.Therefore it is admissible.

If you were struck by a police car or are an attorney representing an injured Oregonian feel free to contact Portland injury attorney Jeremiah Ross at Ross Law LLC.  Please call 503.224.1658 for yourfree personal injury consultation.  Please remember this post is for information only and is not meant to be relied on as legal advice. The law is constantly changing so consult with the applicable statutes, cases, and if necessary an Oregon Attorney before relying on the information in this post. This post does not create an Attorney Client Privilege.

TIPS ON PREPARING TO GET A LAWYER INVOLVED IN A CASE WITH A USED CAR DEALER…

Almost everyday I receive a phone call from a person who has an issue with an Oregon used car dealer. The specific issues vary from person to person, but they all involve a car dealer that the person believes ripped them off.  Many callers have just discovered they were ripped off and do not know how to go about getting their money back. When I speak with people I usually will explain the following steps that I would like to see before litigating their case.  I say usually because every case is different, so you should contact an Oregon Attorney at 503.224.1658 to discuss your matter.  

  • Figure out what you want, and why you think you need an Attorney.  (i.e. Do you want to unwind the deal?  Do you want to keep the car and have the dealer repair the car? Do you want to keep the car and have the dealer pay for repairs? etc.)  Once you figure out what you want then you can figure out how to get it.
  • If you suspect you were sold a car with a “material defect” the dealer should have known about it, you should have evidence of the material defect.  Simply saying the car runs funny, or pulls to the left, does not convince me there is a “material defect.”   I usually ask people to take their car to a reputable mechanic and get the mechanic to write down any material defects and whether or not the defects render the car unsafe to drive.  Photographs are also very helpful. It is also important to remember that the mechanic may have to come to court to testify on your behalf, so find a mechanic that is friendly, knowledgeable, and willing to help.  
  • If you suspect you were ripped off by an on-line advertisement, you should immediately take a screen shot of the advertisement. Dealers will often times remove these from their web-site shortly after the sale.  It is tough to make a claim for false advertising (UTPA violations) if you do not have any evidence of the false advertisement. Ensure to store the electronic information in a safe accessible file.
  • Save all communications with the dealers.  Most people have smart phones and there is an app for everything now days.  You should save all voicemails, text messages, and missed call logs showing dealer contacts.  You should export that information to somewhere to preserve it in case your cell phone is damaged or lost.
  • Communicate with the dealer in writing.  Always communicate with the dealer in writing to memorialize any conversation that occurred.  The dealer may lie in the future regarding what transpired during the sale and after the sale.  If you had written communications that were either faxed, text ed, emailed, or mailed to the dealer then  the dealer cannot deny the communication occurred.  This is very important if  you ask for  your money back.   You should have proof that you informed the dealer of the material defect and that you want your money back. 

The list above is just the tip of the ice burg. Each case is different and the information required by each case varies from case to case. However, before you  think you are ready to contact an Attorney to litigate your matter the above steps should be acknowledged and addressed.  Please remember that this post is for information only and your situation may vary.  It is important you contact an Oregon Attorney.  Jeremiah Ross fights for consumers that have been ripped off by used car dealers.  Please call Ross Law LLC at 503.224.1658.  This post does not create an attorney client relationship.

OREGON ATTORNEYS ARE EAGER TO HELP WITH MANY CASES VALUED UNDER $10,000. (ORS 20.080)

Oregon has a small case law, ORS 20.080, which allows for attorney fees in certain circumstances for claims of $10,000.00 or less.  These cases typically arise in the following scenarios: (Keep in mind every situation is unique so call an Oregon Injury attorney at 503.224.1658 to discuss  your case)

  • People are injured in low speed collisions where they suffer soft tissue damage to their neck, back, and shoulders (Commonly these injuries are referred to as either cervical, thoracic, or lumbar strains).  Some of these low speed collisions can cause permanent damage, but more often than not, these soft tissue injuries heal in less than a year. 
  • People are injured at a store, in a business, in a home, or on the sidewalk and suffer soft tissue damage to their back and neck, ankle or wrist, or cuts and bruises. These injuries can be caused by items falling off the shelf, slippery substance on the floor, doors closing or opening too fast, or items on the floor that create a tripping hazard. Many of these injuries heal in less than a year. 
  • Drivers and Cyclist also suffer property damage of less than $10,000.00 in collisions caused by another or the crash caused diminished value of their automobile. 
  • Small cuts, bruises, or scars caused in a collision. These injuries are common for cyclist in low speed crashes that are injured due to the negligence of another.  Many of these cases are
    valued at less than $10,000.00.  
  • Disputed liability cases where the case may be valued at more than $10,000.00, but the insurance company is blaming you for causing the incident and refuses to make any offer or reduces the value of the offer based on your negligence. Insurance companies use this tactic very often with crashes involving cyclist. These cases can be difficult to prevail on so it is suggested you contact an Oregon Attorney to discuss these cases.

Most people attempt to resolve these smaller cases themselves and become very frustrated when the wrongdoer’s insurance company offers them a few hundred dollars.  Insurance companies are aware that many people won’t seek  legal representation in their case because the injured person thinks they cannot pay  for an attorney. As a result, they make “low ball” offers to persons in small claims. Insurers will claim they could never offer more than XX amount of dollars for your claim. However, once an Attorney gets involved many times that offer increases.  Oregon law recognizes that this occurs and has a law to protect persons whose claim is valued at less than $10,000.00.  

ORS 20.080, allows for attorney fees in certain circumstances for claims for personal injury of damaged property of $10,000.00 or less.  The way ORS 20.080 usually works is:

  1. A written demand letter is typically drafted describing the incident that caused the injuries and the injuries. The demand letter is often sent certified mail to the at-fault party and a copy of that demand letter, with all the supporting documents to date (i.e.your medical bills and records, damaged property estimates, police or accident reports) are sent certified mail to his/her insurance adjuster;
  2. You wait to see if they respond with an offer.  If you like the offer, you can take it and if you do, and are represented by an Attorney the Attorney may take their fee (usually 1/3 of what the case settles for).  The wrongdoers’ insurance company’s last offer is important to keep in mind, because if at any time after you file a lawsuit  you are able to obtain more than the insurance companies or wrongdoer’s last offer then your Attorney’s Fees and costs should also be paid by the insurance company or wrongdoer. 
  3. If within thirty days you cannot settle the matter, you file a lawsuit against the wrongdoer shortly after the thirtieth day from the date the wrongdoer’s and/or their insurance adjuster received the demand letter. 
  4. After the lawsuit is filed you and your attorney give the wrongdoer and their insurance an opportunity to settle for a reasonable amount plus your attorney’s fees and certain costs.  If you cannot agree on a matter, you go forward with court mandated arbitration
  5. If the arbitrator awards you more than the wrongdoer’s last offer before you filed the lawsuit, her/his insurance company should have to pay your Attorney their hourly attorney fees and certain case costs, subject to his/her appeal by means of taking your case in front of a jury.
  6. If you don’t beat the at-fault party’s pre-filing offer at arbitration, you can either accept the arbitrator’s award, or appeal by taking your case to a jury.  If you beat the pre-filing offer at the Jury trial the court should award attorney fees and costs.  However, if you do not beat the arbitration award or pre-filing offer you may owe the defendants costs and some attorney fees.

 The client benefits from ORS 20.080 because after they file the lawsuit if they beat the pre-filing offer they receive the full award or amount of the offer. Costs and Attorney’s fees are not deducted.  The Attorney benefits because the Attorney can be compensated for their hourly rate that is paid by the wrongdoer’s insurance company.  This hourly rate can result in an Attorney
fee award for a substantial amount of money. This is why Insurance Companies should take these cases seriously.  They can be forced to pay tens of thousands of dollars in Attorney’s fees if they attempt to “low ball” a person with a small case.  However, many insurance adjusters still attempt to offer very little in small cases.

If  you have questions about ORS 20.080 or any injury case or property matter call Portland
Oregon Injury Attorney Jeremiah Ross at 503.224.1658.  Jeremiah Ross and Ross Law are eager to represent people with cases valued at under $10,000.00. Jeremiah Ross can also discuss the demand letter process with you.  However, Jeremiah Ross cannot take every case, so it is best to discuss the matter with Jeremiah Ross.  Please remember this post is for information only and does not constitute legal advice.  The law is constantly changing so it is best you speak with an Oregon injury Attorney, such as Jeremiah Ross, to discuss your case.  This post also does not
create an attorney client relationship.