Self Driving Cars-Who is Responsible when there is a Crash?

The recent tragic death of a driver of a self driving Tesla has created another area of uncertainty in the litigation realm.  These cases appear unique and there are a handful that are being litigated around the United States.  I am not aware of any Oregon Cases where a vehicle on "auto pilot" caused a serious injury or death.  

RAW video and interviews from media event: Chairman on 30 Mile Highway Trip in Driverless Car Chairman Bill Shuster Will Join PennDOT Secretary Barry Schoch in Self-Driving Car from Cranberry to Pittsburgh International Airport Washington, DC - Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) will join Barry Schoch, Secretary of the Pennsylvania Department of Transportation, as Carnegie Mellon University¹s driverless 2011 Cadillac SRX transports them from surburban Cranberry to Pittsburgh International Airport.

These cases are unique products liability cases, because the cause of car crashes have historically been a driver's negligence.   Some vehicles have significant mechanical or electrical failures that have caused crashes, but the overwhelming majority of car crashes are caused by negligent humans behind the wheel.  Now this has all changed with the advent of the driver-less car.

Car companies are aware of this and the company Tesla is failing to concede its auto-pilot was the cause of a crash in Pennsylvania.  Instead, they have the typical response of "deny and deflect."  Tesla of course is denying it was the Tesla that caused the crash and Tesla is attempting to deflect the blame on the driver.   Tesla noted that "drivers are instructed to keep their hands on the wheel and maintain responsibility of the vehicle."

Tesla's instruction is what makes these cases interesting to legal geeks like myself.  This is a unique product that is marketed as "autopilot."  In reality, these vehicles are only partially self driving. The marketing coupled with the driver's expectations can create a sense of complacency for drivers.   Tesla must be aware of the driver's complacency.  However, what purpose does auto pilot serve if a driver still has to pay attention and keep their hands on the wheel?

Eventually an Oregon court will have to determine what legal theories are viable against certain defendants in failed autopilot car crashes.  Vehicle Manufacturers, Dealers, and the various companies that designed and programmed the software might all be viable defendants.   Products Liability claims, Negligence claims, Contractual causes of action, and maybe even Fraud may be proper Claims for relief depending on the facts of a specific case.   These cases may also be suitable for a Class Actions where numerous consumers have a common issue.

In the mean time, consumers can only hope manufacturers and software engineers are able to fix the bugs and glitches.  These bugs and glitches can result serious injuries and death, so their is no excuse for them to take every effort to protect their consumers and other people driving on Oregon's roads and highways. 

If you or someone you know have been injured in a crash where a car with auto-pilot was involved, please call Portland, Oregon attorney Jeremiah Ross at 503.224.1658.  Ross Law LLC is always happy to provide free personal injury consultations.  Please remember that the law is constantly changing.  This blog article is intended to create awareness of the safety issues wit driver-less cars and is not intended to be legal advice.   

Is Your Case Too Small For A Lawyer To Handle?-ORS 20.080

I was having lunch with a chiropractor yesterday and somehow we began to speak about the viability of representation for people with soft tissue injuries and only a couple of months of chiropractic treatment.   Most people that have soft tissue injuries and a few months of treatment think that their case is too small for a lawyer.  As a result, they are left without representation.  This leaves them at the mercy of the insurance adjuster.

Insurance companies prey on these unrepresented people.  The adjusters do their best to convince them that soft tissue damages don't merit compensation. The insurance adjuster will repeat the fact that there isn't any major damage to the vehicles.   The adjuster will diminish the impact by claiming it is a mere fender bender with only $1,000.00 in property damage.   These are the obvious tactics the adjuster uses to convince people they have no case.  The adjuster has been trained to try and convince people that if the vehicles involved in the crash are not damaged then a person couldn't be injured.

 The bad driver's insurance company will often offer a few hundred dollars and say what ever it takes to get you to resolve the case.  Many times the insurance adjuster on a small case will be very friendly at first.  However, the insurance adjuster's mood will quickly sour once you don't accept their first couple of offers.   People injured in car crashes shouldn't have to deal with that.  That is where a lawyer can help.

The question then becomes, How does a lawyer get paid in a small soft tissue case? Luckily Oregon law has the answer.  Oregon Law (ORS 20.080) is often referred to as the "small case statute."  This is a fantastic law that has assisted many Oregonians obtain maximum compensation for their injuries.  The law was enacted, because many insurance companies take advantage of unrepresented injured people with cases that are not worth more than a few thousand dollars.   Prior to the law, insurance companies knew that a lawyer couldn't make money on a small case, so the insurance company didn't have to make a fair offer.  Basically the insurance company could do whatever they wanted with the offer without fear of being held accountable by facing a lawsuit.   Then ORS 20.080 was enacted and it all changed.

ORS 20.080 basically states that people that have been injured by another person can make a written demand to the at fault party and the at fault party's insurance company.  The demand will be sent with any medical records, bills, or other records to assist the insurance company in evaluating the claim.  The injured person will also let the at fault party and their insurance company know they have 30 days to meet the injured person's demand of no more than $10,000.00.

The ball is then in the at fault party's insurance company's hands.  It then becomes an issue with what offer, if any, the insurance company will make within the 30 days.  ORS 20.080 was drafted with the intent to force insurance companies to make their top offer in the thirty days, so there usually is not much negotiating that should occur.  

If the insurance company makes an offer then you have some choices. If you like the offer, then you can accept it.  If not, then you can do nothing or counter-offer.  If you do nothing and file a lawsuit then you must beat the insurance company's last offer.  If you beat the last pre-filing offer then then the insurance company has to pay your costs and attorney fees in addition to any award or judgment you receive from the court or arbitrator.

For example, say a person is in a car crash.  The person suffers soft tissue injuries and treats with a chiropractor for 2 months..  The person sends out a written demand letter and medical records and bills to the at fault party and the at fault party's insurance company.   The insurance company makes an offer of $900.00 to the injured party and claims it is their "top offer."  If the injured person accepts that offer, then the attorney might be entitled to a third of it ($300.00) to pay the attorney fees.  This would mean the injured person obtains $600.00.

However, if the injured person then files a lawsuit against the bad driver the injured person can obtain much more.   If, the case proceeds to arbitration and the arbitrator awards the injured person a penny more than $900.00 then the injured person should receive $900.01.  The insurance company then has to pay the injured person's costs and attorney fees separately.  Usually the insurance company has to pay thousands of dollars in attorney fees and costs.

ORS 20.080's power is derived from insurance companies fear it will be forced to pay tens of thousands of dollars in attorney fees for a small case valued at less than $10,000.  That provides the incentive for the insurance adjuster to make a good offer prior to litigation.  This also provides an incentive for people like myself to represent people with small cases under $10,000.00.  

 Unfortunately, many insurance companies still try and take advantage of unrepresented people.  Insurance companies also try and low-ball pre-lawsuit offers even when a person is represented.  An attorney in these situations can help you navigate the system and do their best to assert your rights to obtain maximum compensation for your injuries.  Even if you think your case is too small, I strongly suggest you contact a lawyer. 

If you have more questions about a small case where you were injured or your property was damaged by the negligence of another, please call Portland Personal Injury Attorney Jeremiah Ross.  I am always happy to chat with people to discuss whether or not a lawyer may be of assistance to them, and what their rights are.  Ross Law LLC is happy to provide a free personal injury consultation.  Please call Ross Law LLC at 503.224.1658.   Please note that different attorneys have different fee agreements with their clients.   The above example is based on the typical arrangement I have with my personal injury clients.  However another Oregon Attorney may do it differently.  

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.