Do you Need to Fill Out a Form To Notify DMV if You Have a Car Crash In Oregon?-Link to DMV Form Attached

My wife and I were driving home yesterday on Mclaughlin Blvd near Holgate when we saw this:

All Three Cars In Crash Should Fill Out DMV Form

This was a three car rear end collision.  The vehicle in the back received the brunt of the damage.  Everyone looked as if they did not have any immediate serious injuries, and there was not any emergency personnel on scene.  This is exactly the type of crash that one driver may not report to the Oregon DMV, because they didn't think it was serious enough.  Most likely the driver in the car in the front, would not think to report the collision because their car had minimal visible damage.  However, this may be a mistake because the rear car was likely towed from the scene and had more than $2500.00 of property damage.  The information below should be useful to people like those involved in the crash above.

“DRIVERS INVOLVED IN CRASH MUST FILL OUT THE OREGON TRAFFIC ACCIDENT AND INSURANCE REPORT IF:
1: Damage to your vehicle is over $2500.00
2: Any person is injured (even minor injuries)
3: Any person is killed
4: Damage to any person’s property is $2500.00
5: Any vehicle has damage over $2500.00 and any vehicle is towed from the scene because of crash.”

— Oregon Department of Motor Vehicles

The DMV Accident and Insurance form is very self explanatory.  A link to DMV form 735-32 is here:

Do I Have To Fill Out the Insurance Information?  Yes, it is important to do so.  If you do not fill in the Insurance Information on the DMV form the DMV may consider you uninsured.

Where Do You Mail the DMV Form? After completing the DMV Accident Form you MUST Mail or FAX the form to Accident Reporting Unit, DMV, 1905 Lana Ave NE, Salem OR 97314.

Can I Fax The Accident form to the Oregon DMV?  Yes, as of today's date the fax number is 503-945-5267.

Can I Deliver the Form to a DMV Office?  Yes.

Do I Use the same DMV Accident Form (735-32) if I was driving a Commercial Vehicle?  Yes, but you also must fill out and file DMV Form 735-9229 (Motor Carrier Crash Report) within 20 days of the commercial vehicle crash.

If you, or someone you know, has been in an Oregon Car crash call me at 503.224.1658.  Ross Law is happy to address any questions you may have regarding the Oregon Accident and Insurance form.   Please remember the links and the law regarding forms are constantly changing.  PLEASE CALL A LAWYER and DO NOT RELY SOLELY ON THIS POST.  This post, this blog, and this web-site may be considered Attorney Advertising. 

Is It Difficult to Become an Oregon Lawyer? Oregon Bar Exam's Historically Low Pass Rate

People often ask me if it is difficult to become a lawyer.  I really did not think it was that difficult to become a lawyer, it just took a lot of hard work.  The work was manageable and similar to someone that is working long hours or two jobs.   However, there is also the Bar Exam. Bar exams are the State's crucible meant to see if you have what it takes to become a lawyer.  The test seems to be difficult for many people and was not easy by any means.  Having taken both the California Bar Exam and the Oregon Bar Exam.  I have a unique perspective on the Oregon bar exam. 

Bar Exams are difficult multi-day tests that involve questions on various areas of law.  In California it was a three day test and in Oregon it was a two day test.  These test take an enormous amount of time to prepare for and they are expensive to take.  After passing both exams I am not sure they should be a requirement to practice law, but the politicians/lawyers apparently find some value in the test so here we are.

My suspicions on the value of the test were confirmed this Summer when the July 2016 Oregon Bar Exam results came out.  The Oregon State Bar Website notes only 58% of the people that took the Oregon Bar Exam passed it.  This is a historic low bar passage rate.   You have to wonder why the pass rate was so low.   I was always told that if a few students failed a test it was a problem with the students, but if numerous people failed the test then it is a problem with the test.   I think that may be the issue here, but apparently their is a trend of low bar passage rates around the Country.  

Could this be because portions of the test are standardized by Corporations?  Could this be that Law Schools are doing a lousy job preparing students to take the Bar Exam?  Could this be that the States are increasing standards to keep lawyers from flooding into a particular state.   I don't know the answer to these questions but I am sure there are some savvy law students that are eager to investigate these issues.

Congratulations to all of the people that took the Oregon and California Bar Exams.   

Jeremiah Ross

Should I go to the Doctor if I was in a Car Crash and Will it help my Personal Injury Case?

As an Oregon Personal Injury Lawyer, I often get calls from people that have just been in a car accident.  Some people do not go to the Emergency Room or Hospital right away.  Some people do not.   Many of the people that do not go directly to the Emergency Room will often ask "Should I go to the Doctor?"   That is not an easy question to answer because I am a lawyer, not a doctor.  As a result I have to defer to the professionals, the health care providers.

However, if you think you may be injured you should immediately see a health care provider.  If you are sore and the pain is getting worse, you should see a health care provider.   If you have any doubts about whether or not you are injured, GO TO THE DOCTOR!   It doesn't hurt.   This is important for many whiplash or soft tissue injuries, because it is my understanding they can actually get worse with time.  Also, there may be a slipped or herniated disc that may not develop symptoms immediately after the crash.   If you think you are injured see a doctor and get checked out to determine the extent of your injuries.  

Who Pays for the Doctor's Visit? If  you are in a car crash in Oregon You have Personal Protection Benefits (PIP), that will cover up to $15,000.00 of medical expenses incurred from one year from the date of the crash.  What this means is that "I can't afford to go to the Doctor" is not an excuse for not seeking medical treatment if PIP is available.   You pay for those benefits, so you should use them. 

Will going to the doctor help your personal injury case?  It depends, but typically yes.   Insurance adjusters need to document their file to substantiate any offer or decision they make.  If you make a claim for damages and you don't have any documentation regarding your injuries, the insurance adjuster will be pretty reluctant to offer you full compensation for your injuries.  This is because the insurance company does not have any medical evidence to justify an offer they give you.  

The bottom line is, remember most lawyers are not doctors.  If you think you are hurt or need to be checked out by a medical professional SEE A DOCTOR or medical professional!  

If you need a lawyer CALL ME at 503.22.1658 for your free personal injury consultation.  Ross Law LLC is happy to discuss your personal injury case with you and give you the details regarding your Personal Injury Protection benefits.   Please remember I AM NOT A DOCTOR!  This is not to be considered legal advice or medical advice.  If you think you need a doctor then please see a medical professional.   Please remember this blog, this post, and this web-site may be considered ATTORNEY ADVERTISING!

Who Will License Cars Driven By Computers? The Licensing Dilemma of Self-Driving Cars

I have previously blogged on self-driving cars and the dangers they pose to Oregonians.  Currently Oregon does not have any current rules, regulations, or laws governing self-driving cars.  Most states are like Oregon and are lagging behind the technology.  This is dangerous, because by the time Salem cuts through their gridlock to figure out how to regulate a tech-industry, the technology will have most likely morphed into something entirely different.  As a result, the Obama Administration recently affirmed they intend on exercising Federal Authority to regulate self-driving vehicle technology. 

Video-from Youtube and Google-We started designing the world's first fully self-driving vehicle to transform mobility, making it easier, safer and more enjoyable for everyone to get around. Now we're ready for the next step of our project: this summer, our prototype vehicles will leave the test track and hit the familiar roads of Mountain View, California, with our safety drivers aboard.

This is an interesting issue, because traditionally Oregon and other states have regulated drivers.   However things change when the car is driven by a computer.  Many states don't have the infrastructure, resources, and tech savvy employees that can implement meaningful policy guidelines.   Many States are becoming very close with driver-less car manufacturers in hopes to spur economic growth.  For example, Michigan is considering auto manufacturers to allow drive-less car testing on roads, but the cars would not need brakes or pedals.  

Also, if different states promulgate different driver-less car rules then it may prevent driver-less cars from interstate travel.  This may impair interstate commerce. It will be interesting to see how this plays out.   I anticipate some heavy handed litigation between manufacturers, the federal government, and State and Local governments.   

If you, or someone you know, has been in  a crash with a driver-less car or self-driving car, please call me at 503.224.1658.   Ross Law LLC is happy to provide free personal injury consultations.  Also, Ross Law does not collect a fee in personal injury cases unless you recover from the at-fault party. Please remember that the law is constantly changing, and this article may be outdated.  Also, this article, this blog, and this web-site is not intended to be legal advice.  This post may be considered ATTORNEY ADVERTISING!

Why Are There So Many Car Crashes When it Rains? Deadly Rainy Weekend in Oregon

Summer is slowly slipping away and the rain is starting to infiltrate our daily forecast.  With it comes the first rains of the season.  This weekend there was unusually heavy rain throughout Oregon.  This rain is being blamed for at least four deadly car crashes in Oregon.   Why were there so many tragic car crashes in a short period of time?

People often wonder why the roads are so deadly in the fall.   Especially in Oregon where we should be used to driving in the rain. As a personal injury attorney who regularly meets with people that have been injured in crashes, I think I have some unique insight on the causes of many of these crashes.   I believe many of the rainy day crashes are a result of:

www.2people1life.com a bit of our drive along the rainy Oregon coast, didnt let up for 2 days

Excessive Speed:  Most people drive too fast in rainy weather.   This is especially true when the rains are early in the season.  People are still accustomed to driving in dry weather, and don't adjust their speed..  As a result, more crashes occur.  If you are wondering how fast you should go in the rainy weather, read my previous blog article on the issue.   

Following Too Closely To Vehicle In Front of Them:  Cars require more distance to stop on wet roads.  This is due to the fact the tires don't have the same traction on a wet road as they do a dry road.  As a result, if people do not adjust their driving by leaving more space between their car and the car in front of them there is likely to be a rear end collision.  

Roads are Slippery During First Rains of the Year:  People in the "Know" call the first rain of the season the "first wet."  The first rain of the season can cause the roads to be especially slippery because the oil that has dripped off of cars, the dirt, and other debris has accumulated over the summer months.   When it rains the oil, dirt, and debris cause the roads to become incredibly slippery.   This is actually supported by science.  Click here to learn more.  

People Do Not Maintain Their Vehicles:  Windshield wipers, tires, headlights, and brakes are all imperative in rainy weather.   Many people do not maintain the wipers, tires, and brakes during the summer because the vehicle appears to be working correctly.  However, once a person turns on the wipers and they don't clear the windshield then the driver will have some real visibility issues.  Also, bald tires create hydroplaning and can result in a vehicle driving off the side of the road and increased stopping distances.

Standing Water and Clogged Drains:  The leaves have just began to fall.  These leaves often clog drains and cause large puddles to form on streets.  Drivers that drive too fast through them will often hydroplane and lose control of their vehicles.  This can result in injury to the driver or other people.

Leaves on the Ground:   In the fall,  many Oregon neighborhoods are carpeted by leaves falling on the ground.  The roads can become very slippery when they are covered by west leaves.   As a result, a vehicle has reduced traction while driving on leave covered roads. 

These are just a few of the many reasons why these first rainy days of the season can result in dangerous roads.  In order to protect yourself and others while driving on these rainy roads it is important that you SLOW DOWN, maintain your vehicle, and leave plenty of space between your car and the car in front of you.   If you were driving a safe speed and were in a car crash there could be another explanation what caused the crash.   That is why it is important to call an Oregon Personal Injury Lawyer.  

If you or someone you know has been injured in an Oregon Car Crash, please call me at 503.224.1658.  Ross Law LLC provides free Personal Injury Consultations.  Also, you do not owe a fee unless Jeremiah Ross recovers money from the bad driver(s).   Please remember this blog post is for information only.  It is not to be construed as legal advice.  This blog, this blog post, and this website may be considered ATTORNEY ADVERTISING!

Who Can be Held Liable if You Are Injured by a Rowdy Tailgater or a DUII Driver?

It is College Football season again.  Oregonians flock to Autzen Stadium or Reser Stadium to see their beloved Ducks and Beavers battle on the turf.  Here in Portland people flood into Providence Park to see the Portland State Pilots.  These fun outings can become tragic when alcohol, drugs, and/or stupidity meld together.  When that occurs  people can get hurt. That leads us to the question, who is liable for a person injured by an intoxicated person.  The obvious answer is the intoxicated person that actually injures another person.  However, the analysis does not stop here.

 Oregon's Dram shop law allows other people to be held responsible for the intoxicated person's actions.   This law allows a person injured by an intoxicated person to hold the social host liable for over-serving an intoxicated person.  Also, the bars around Providence Park in Portland should be aware they can be liable to a person injured by an over-intoxicated person if the visibly-intoxicated person was served alcohol while visibly intoxicated.   

Examples always make this easier to understand.   Imagine Jon is going to the PSU game and stops off at a bar for a drink.  Jon stays at the bar with his friends and becomes trashed.  He consumes eight shots of whisky in an hour and is struggling to stand.  The bar tender continues to serve him despite his rowdy behavior.  Jon then walks towards Providence to see his beloved Pilots play.  On the way he sees a person wearing a Montana Jersey.   Without provocation, Jon attacks the Montana Fan.  Jon seriously injured the Montana fan.  The Montana fan has a permanent brain injury and hundreds of thousands of dollars of medical bills.   Jon is prosecuted, but doesn't have any money, so the Montana fan has little hope of Jon ever paying his medical bills.  However, the Montana Fan's lawyer discovers Jon was drinking at a bar and was over-served.  The Attorney sends the bar the proper notice.  The bar's insurance policy may cover the Montana Fan's medical bills.   The bar may also be forced to compensate Montana Fan for all of his harms and losses from the beating, and the bar may have to pay the injured person Punitive Damages.  

Video Courtesy of youtube.  Ross Law Does not Condone fighting. Tailgate fight

Imagine another situation where Jenny is tailgating at the Ducks game.  She is at a tailgate party hosted by Marcia.   Marcia provided a few bottles of liquor and has cases of beer for anyone to drink.  Jenny gets into the Vodka, and Marcia keeps it flowing.  Marcia has a rule at her tailgates "Hell no H20," and continues to serve Jenny more and more alcohol.  Jenny begins to stagger around and vomits all over a neighboring tailgater's car.  Marcia gives Jenny one more Vodka Tonic as Jenny staggers off.  Jenny then gets into her car and attempts to drive to her aparment near campus.  Jenny begins to drive home and then veers off of the road and crashes into a group of students walking to the Duck's game.   The three students are seriously injured. Jenny's minimal $25,000/$50,000 policy limits is quickly subsumed by the students hospital bills.  One of the Student's Personal Injury attorney reads the police report and discovers that Jenny was drinking at Marcia's tailgate party.  The student's attorney sends a demand to Marcia for the "dram shop" liability.  Marcia's $1,000,000.00 umbrella policy covers the crash.  The attorney also believes the University was not providing adequate supervision because there were other reports of Marcia's guest being out of control and drinking heavily.  In fact, one of the Security Guards didn't do anything when another tailgater complained of the heavy drinking and was concerned Jenny may drive home.  The Student's attorney may now be able to prove a case of negligence against the Security Company and the University.  The student may collect maximum compensation for his injuries because all of the wrongdoers will be held accountable.

These are just two examples of social host and dram shop liability.   Anytime a person is injured by  a heavily intoxicated person social host or dram shop liability may come into play.  For more information about dram shop liability read my previous article.  It may assist an injured person obtaining compensation that would otherwise not be available.   These cases often involve assault and battery, sexual assault, rape, and DUII driving.  

If you have been injured, assaulted, or rapted as a result of a heavily intoxicated person in Oregon please call me at 503.224.1658 to discuss your case.  Ross Law provides Free Consultations.  We do not charge you anything unless we recover. Please remember this post is not to be considered legal advice. Also, please remember the law is constantly changing.  Please consult with an Oregon Personal Injury or Crime Victim Attorney at 503.224.1658 instead of relying on this post.  This Post, the web-site, and blog may be considered ATTORNEY ADVERTISING!

Is It Legal To Ride A Bicycle On A Downtown Portland Oregon Sidewalk?

Riding a bike in Downtown Portland can be intimidating at times.  There are numerous cars, there are one way streets, bike lanes abruptly begin and end, drivers are constantly turning right in front of you (think of the "right hook"), and you have to be constantly aware of getting "doored" by a driver opening their door in front of you.  Some people decide to avoid these dangers by riding their bicycle on the Downtown sidewalks. However, these people are breaking the law by riding their bicycles on the sidewalk.   Yes, that is correct it is illegal to ride your bicycle on the sidewalk in downtown Portland Oregon.  

This is due to the fact that the sidewalks are heavily congested in Downtown.  Also, cyclist that leave the sidewalk to cross streets often will dart in front of traffic.  A bicycle colliding with a pediestrian or vehicle can result in serious injuries.   As a result, Portland has enacted Portland City Code 16.70.320.  

“It Is Illegal to Operate a Bicycle Ride a bicycle on a sidewalk, unless avoiding a traffic hazard in the immediate area, within the area bounded by and including SW Jefferson, Front Avenue, NW Hoyt and 13th Avenue, except:

1. On sidewalks designated as bike lanes or paths;

2. On the ramps or approaches to any Willamette River Bridge; or

3. In the area bounded by the west property line of SW Ninth Avenue, the east property line of SW Park Avenue, the north property line of SW Jefferson and the south property line of SW Salmon Street.

4. For police or special officers operating a bicycle in the course and scope of their duties; or

5. For employees of the Association for Portland Progress and companies providing security services operating a bicycle in the course and scope of their duties. These employees must have in possession an identification card issued by the Chief of Police certifying the rider has completed a training course in the use of a bicycle for security patrol.”

— 16.70.320

What does this mean?  Well a picture is worth a thousand words.  See the map below to see exactly where it is illegal to ride a bicycle on the Sidewalk. 

DO NOT RIDE YOUR BICYCLE ON THE SIDEWALK IN THE RED AREA!

If you have any questions about where to ride your bicycle in Downtown Portland, please call 503.224.1658.   If you or someone you know is a cyclist who has been hit by a car, please call me at Ross Law LLC.   Please remember the law is constantly changing.  It is best to check the Portland City Code and DO NOT rely on this map or web-site as it may be OUTDATED.  Also this website, blog, and its contents are not to be considered legal advice but may be considered ATTORNEY ADVERTISING.   Please ride safely!

Do You Have to Give The Insurance Company A Recorded Statement After A Car Crash?

I often get calls from people that have been in  Oregon Car Crashes and asking if they need to return the insurance companies phone calls.   Insurance Companies hire people to take a "recorded statement" as soon as possible to lock you into your story.   These insurance company employees are typically friendly and persistent, but don't be fooled by their demeanor.  The insurance company employee is trying to get a statement to benefit the insurance company, not you.   There is not a clear answer of whether or not you have to give a recorded statement, because it depends on the insurance company that is calling you.  I'll explain that below.

In a typical car crash there are at least two cars involved.  We will call one car the "Bad Driver" and the other car is the "Good Driver."  Both the good driver and the bad driver are legally required to have insurance.   For the purposes of this example lets say Bad Driver has an insurance policy with Greedy Insurance Inc.  The Good Driver has an Oregon insurance policy with  Lizard Insurance Company.  Bad Driver crashes into Good Driver's car and injures Good Driver.

Good Driver notifies her insurance, Lizard Insurance, of the crash. Good driver makes a claim with Lizard Insurance for her "Personal Injury Protection Benefits."  to get her medical bills paid under her PIP policy.  Lizard Insurance then calls and asks for a statement under oath.   Oregon Law  provides authority for Good Driver's Insurance, Lizard, to take a recorded statement from the good driver.  Also, Good Driver has an obligation to cooperate with her insurance company under the Good Driver's insurance policy.  

However, things change if the Bad Driver's insurance company, Greedy Insurance Co., calls.  Greedy Insurance Co. does not have a relationship with Good Driver, so she has no obligation to speak with Greedy Insurance Co.   Good Driver does not need to return Greedy Insurance Company's calls, or give a statement to them.  Good driver has no obligation to provide Greedy Insurance Company any information.   Good driver only needs to cooperate with her insurance company, Lizard Insurance. 

Things get confusing with Bad Driver and Good Driver both have Oregon Insurance Policies with the same insurance companies.  You should call me at 503.224.1658 if you are unclear if you should be giving a recorded statement to the insurance company.  

Why Does It Matter If I Give a Recorded Statement to the Insurance Company?   Any information you provide to the insurance company will be used to benefit the insurance company, not you.  They will attempt to use your words against you in an effort to deny any claim you may have.  The insurance company has trained employees that may attempt to minimize your injuries.  For example, if they call the day after the crash and ask how you are doing and you say "fine."  The insurance company may use that statement that you are "fine" to deny any compensation for a crash related injury.  In short, these statements can be used to kill any personal injury case you may have. If you are not required to give a statement, then do not give the statement.  If you are unclear if you are required to give a statement call me at 503.224.1658 for a free personal injury consultation.

Please call a Personal Injury Attorney if you have questions about whether or not you need to give a recorded statement.  Call Ross Law LLC at 503.224.1658 for your free personal injury consultation.  Jeremiah Ross is happy to chat with people about their personal injury cases and any issues they may be having with insurance companies. 

This post is not intended to be "legal advice."  PLEASE CALL an Oregon Personal Injury ATTORNEY to discuss the issues brought up in this post.  THIS POST, other blog posts, this web-site, may be considered ATTORNEY ADVERTISING!