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. 

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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.

CLIENTS RECEIVE (ALMOST) FREE CARS AFTER BEING RIPPED OFF BY A DEALER!

Sometimes the stars align and I am able to achieve incredible results for my clients.   A recent case involving a car dealership that ripped off my clients is one of those instances where we somehow pulled off the impossible.  I don't know if I will be able to achieve the same results in a future case, but it feels good to make things right for my clients. 

My clients were ripped off in the purchase of two vehicles last year.   They had difficulty making payments on the vehicles and defaulted on the loans that totaled roughly $45,000.00.   Meanwhile we were involved in litigation with the dealership who denied any wrongdoing and attempted to paint my clients as deadbeats who could not pay their bills.   It took over a year to litigate the matter.  In the meantime, lenders were threatening to repossess the vehicles and sue for the deficiency.   

My clients prevailed in a private arbitration hearing, and the arbitrator awarded my clients over $40,000.00 plus attorney fees, and costs.  The award was based on the dealership violating Oregon's Unlawful Trade Practices Act (UTPA) and the Truth In Lending Act. Punitive damages were sought, but not awarded.

  In an effort to escape being held accountable for the judgment, the dealer then claimed they were going to assert Bankruptcy.  When a dealership files for bankruptcy it can put a stay on any debt collection efforts, so the filing must be taken seriously.  This is where things became interesting and a lot of posturing occurred between the parties.   While the parties were posturing, I had researched the law on the various ways this may play out.

At the end of the day we were able to collect roughly $25,000.00 from the Bond Company.  The dealership agreed to purchase the vehicles from the lenders and relinquished title to the vehicles to my clients full and clear of any encumbrances. That is just a fancy way of saying the dealership agreed to give my clients the vehicles in exchange for my clients not collecting on the arbitration award.   The dealer has managed to avoid Bankruptcy so far. I am not going to divulge the intricacies and maneuvering that occurred to get this done.  However, I believe it is achievable again in a very limited amount of cases. 

If you have been ripped off by an Oregon car dealer, please call Ross Law LLC at 503.224.1658.  Also, remember Jeremiah Ross also represents persons that are injured in car crashes, bicycle crashes, pedestrians that are injured by vehicles, and persons that are injured by the negligence of others.   Please call today for your free PERSONAL INJURY consultation.  REMEMBER: RESULTS MAY VARY!  Just because I could do this for two clients does not mean I will be able to achieve these results for any future clients. 

Sexual Assaults and Taxis-Be Careful Portland

I have previously written about young women that have been sexually assualted and raped by Uber and Lyft drivers.  However, Uber and Lyft drivers are not the only drivers to be concerned with, Taxi Cab drivers can take advantage of a vulnerable person resulting in rape, robbery, and assault. 

This is not a new thing.   In law school my wife clerked at the San Francisco District Attorney's office.  She worked on a terrible case where a San Francisco cab driver picked up a young intoxicated woman from a nice area of town.  The driver then drove the woman to a secluded area and brutally raped her.  He then put her in the trunk of the taxi cab and dumped her body in seedy area of town.   I remember that case, because I had never thought how vulnerable an individual can be when we accept rides from strangers.  Sure the drivers may be "professionals" and may have passed a background check, but that won't weed out all of the bad apples.

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Do not sit in the front seat of a Taxi if you are riding alone with the driver!

Recently here in Portland Oregon another young college student was sexually assaulted by a taxi driver.   The story is similar to the case in San Francisco.  The young intoxicated woman was trying to get home.  The cab driver saw her and offered to take her home.  The cab driver then claimed his GPS wasn't working, so he asked her to get in the front seat so she could provide him directions to her home.  She complied with the driver's wishes, and the cab driver began to drive around for a very long time.  Then he sexually assaulted her.   The young woman will be emotially scarred for life and the driver only ended up getting 10 years in prison. (Oregonian Story)

Portland is a friendly city, so sometimes we have a false sense of security.  However it is important to remember you need to be cautious when using taxi cabs and ride share programs.  Do not get in the front seat with the driver if you are alone.  Always have a cell phone with you and text someone when you get in the vehicle and let them know when you expect to arrive home.   Remain vigilant, and remember the cab company or rideshare company may have been negligent when they hired this person.  

If you have had the horrible experience of being sexually assaulted in a taxi cab, uber car, or lyft car please call Jeremiah Ross at Ross Law LLC to discuss your victim's rights and options. Jeremiah is always willing to discuss your rights as a victim and who may be accountable. The driver's employers may be culpable, so it is important to discuss your case with an attorney to hold everyone accountable and prevent sexual assaults from occuring in the future.   Please call Portland Victim's Rights attorney Jeremiah Ross at  503.224.1658. 

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. 

Memorial Day-It is a Time of Rememberance

Monday is memorial day.  Many people don't really understand the concept of what Memorial Day is about.  Memorial day is more than a day off to hang out at a barbecue or get great bargains during memorial day sales.  

Memorial Day is a time to remember the various men and women that sacrificed their lives so that we are able to live in this Country.  On Monday I will be thinking about the folks that I knew that died defending our Country, and it would be nice if we all did the same thing. 

Jeremiah