Uber Sexual Assault Survivor Fights Back and Sues Uber

I have previously posted about safety issues with Uber, Lyft, and other ride shares.  These ride share programs market themselves as a safe alternative to getting around town. However, that is not always the case.  A Los Angeles woman was brutally raped by an Uber driver that picked her up.

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She is fighting back and filed a lawsuit against Uber for its failure to conduct a background check.  Currently Uber simply has an on-line application process and hires a company to run cursory criminal record checks.  Therefore, if for whatever reason the criminal records check doesn't pick up an issue then passengers are put at risk of being assaulted, raped, or drugged by a ride-share driver.  These lawsuits are necessary to force the ride-share programs to take pro-active steps to discover any possible issue with their drivers.   For more information about the Los Angeles case click here:  LA Times Article.

If you or someone you know has been assaulted, sexually assaulted, or raped by a ride share driver then please call the police immediately.  If you have questions about your civil rights and your rights as a crime victim, please call Jeremiah Ross at 503.224.1658.  It won't cost you anything and you should know your rights.   

Evolution-Another Way to Prevent Car Crash Injuries and Deaths

Car crashes kill tens of thousands of Americans every year.  Here in Oregon roughly 312 people were killed in Motor Vehicle Crashes in 2015.   According to CBS, Motor Vehicle crashes and other "Accidents"  are the fourth leading cause of death in the united states.  These frightening statistics are why we  spend millions of dollars on trying to make the roads and vehicles safer, but what if there was another way to prevent injuries in car crashes?  It turns out there might be.  We as a species can  evolve to survive car crashes.  

Meet Graham.  Graham has already evolved to survive car crashes.  He looks strange, but he should survive most car crashes. 

Graham is an amazing example of how us humans have evolved to protect our species, but it turns out he isn't real.  Graham was created by the Australian Government to use as a tool to educate people about the dangers of car crashes.  Here are some of his features:

Neck:  The vast majority of my clients suffer some neck injury if they are in a car crash.  In a crash the head keeps on moving while the body stays in place.  This causes the neck to strain and flex in a manner it wasn't  intended to do. This is why most people will have a sore neck for a couple of days after a car crash.   However, some people suffer cracked vertebrae, herniated discs, and it can even break.  A broken spinal column can cause paraplegia or quadriplegia.  Recognizing that the neck was a weak point in the body, Graham evolved to not have a neck anymore. 

Face:  Facial injures can be common.  Their is minimal tissue to absorb impact, so even low impact crashes can result in broken facial bones.   Graham's extra fatty and flat face helps absorb and disperse the energy from an impact.

Skull:  Head injuries are common in car crashes.  Many times the head will suffer trauma from bouncing off of the steering wheel, the side post, or the side window.  This can occur even if the person is seat belted in.   These head injuries can be fatal, as they can damage the brain. Graham has evolved to have a skull shaped like a helmet that will absorb more impact earlier.  He also has "crumple zones" in his head.

Brain:  Brains are tossed around inside your skull in a car crash.  This causes damage to the brain.  Many times this brain damage is irreperable.  Graham has evolved to survive a crash without a Traumatic Brain Injury (TBI)

Ribs:  Ribs are often cracked or strained in a car crash. This is because they absorb much of the energy as the body is pressed against the seat belt in a crash. Broken ribs are very painful, but they can cause serious injuries if they fracture.  Fractured ribs can puncture lungs and other vital organs that can cause serious injury or death.  Graham evolved to have more nipples and fatty tissue around the ribs, so that the chest became an, "airbag instead of armour." 

Graham also has tough thick skin, his knee joints rotate 360 degrees and his feet and ankles are built to survive being hit by a vehicle.  If you want to learn more about Graham and the project go to the link: Meet Graham

If you haven't evolved to survive a car crash and were injured in a car crash, please call Portland Oregon Personal Injury Attorney Jeremiah Ross.  Ross Law LLC is happy to provide you a free personal injury consultation.  Please call 503.224.1658 for your free personal injury consultation. 

Jeremiah Ross Recognized by "Super Lawyers" and featured in Portland Monthly!

I am humbled by my recent recognition by SuperLawyers as a "Rising Star."    Superlawyers has a selection process that chooses a limited number of attorneys throughout the state of Oregon to be recognized as "Rising Stars." I was also featured in Portland Monthly as a "Rising Star" for personal injury litigation.  It is a fantastic feeling to be recognized by your peers.   

Tesla's Dangerous Autopilot Feature-Crashes and Recalls

Earlier this week I had written about the dangers of TESLA'S Autopilot feature.  There are allegations that this feature is responsible for causing car crash injuries and deaths throughout the United States.  Yesterday, Consumer Reports made the bold announcement requesting TESLA to disable the autopilot feature until the glitches are worked out.  This would allow TESLA to make the vehicles safer for people on the road.  

As I had stated earlier this week, Consumer Reports agrees that marketing the feature as "autopilot" will lead to driver complacency.  This is due to the fact that the name implies that the driver is not required to do anything.   The sales and marketing of the autopilot feature directly contradicts any warning TESLA may provide consumers.TESLA is denying liability and claims the autopilot feature is safe.  Tesla claims the statistics support their assertion that the autopilot feature is safe. 

If you or someone you know has been injured by an autopilot feature in a TESLA or any other vehicle, please call Jeremiah Ross at 503.224.1658.   Portland Oregon based Ross Law LLC is happy to provide a free consultation to any personal injury or products liability client.  

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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