Injured by a Drunk Driver Leaving a Holiday Party? Throwing a Party? Things you Need to Know

The Holiday Season is in full swing.  People are shopping, decorating, and atttending the various holiday festivities here in Portland.  Many people are also dusting off their ugly holiday sweater and attending Holiday Parties.   I am a huge fan of Holiday Parties and a bigger fan of tacky sweaters, but I can't stand people that drink and drive.  Unfortunately, drinking and driving occurs far too often during the Holiday Season.  This can turn the Holiday season into a tragic event for anyone involved in a crash with a DUII Driver.  Socieity has little tolerance for DUII Drivers, but here in Oregon the law also allows the injured person to hold all people accountable for causing their injuries.   This includes the business or people that over-served the DUII driver alcohol.

In Oregon, homeowner’s can be held responsible for serving alcohol to a person that is visibly intoxicated and later injures another in a DUII crash. (ORS 471.565). Oregon courts have determined a person who receives guests in a social setting, in which the host serves or directs the serving of booze or beer to guests can be held accountable if the overly intoxicated person later injures another in a DUII crash. See Solberg v. Johnson, 306 Or 484, 490 (1988). This type of liability is referred to as “Dram Shop” liability. Dram Shop liability is important because home owner’s and renter’s insurance policies may cover DUII crash injuries and provide tens of thousands, or hundreds of thousands of dollars, in additional insurance coverage. This money can be used to pay medical bills, physical therapy, vocational rehabilitation, and to compensate the injured person or their family for their harms and losses.   Dram Shop liability also applies to a business that over-serves a visibly intoxicated person that ends up harming another.

Hopefully this guy is not driving home.  If he does, and injures someone the party host may be liable.

It is important to keep in mind if you intend on making a dram shop claim there are time limitations that notice must be given in. Specifically, if it is a wrongful death claim then notice must be given within one year of the date of death, or within a year after the date plaintiff discovered, or should have discovered, the claim, whichever is later. (ORS 471.565) In a personal injury matter, notice must be given within 180 days of the injury, or 180 days after the injured person discovered or reasonably should have discovered, the existence of a dram shop claim which ever is later. (ORS 471.565) However, these notice requirements may not always apply and there are exceptions. Please refer to a current version of ORS 471.565 for notice requirements and time limitations.

Dram shop cases can be complicated and there are other theories an attorney can use to attempt to obtain maximum recovery for a person’s injury or loss. Please contact Portland Personal Injury Attorney, Jeremiah Ross, at 503.224.1658. for a free personal injury consultation. Please remember this post is for informational purposes only and you should rely on the current statute and case law when considering a dram shop claim. Please consult with an attorney if you believe you have a dram shop claim or have been injured by a DUII Driver.

In a Car Crash During the Recent Snow Storm? Here is What You Need to Do...

Snowpocalypse has arrived in Oregon.  The Willamette Valley , Coast, and Central Oregon have all been buried in Snow.  Last night when snow began to fall, Oregon's roads predictably became snarled with drivers trying to get home.  Many driver's were unprepared t and either crashed into another car, ran off the road, or simply abandon there vehicles in the road.   The Oregonian reported 101 car crashes in Portland alone.  Area hospitals also reported an increase of persons being admitted for car crash injuries. These visits can become costly if injured people do not take steps to protect themselves.     If you were one of those people that were involved in a crash here are things you should do:

A video taken by SW Portland resident Kathryn King shows a school bus crashing into several other vehicles in her neighborhood during a snow storm on Dec. 14, 2016. (Warning video contains explicit language)

1. At the Scene:   Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the car damage, the scene, the bad driver, witnesses, and the bad driver' driver's license, the bad driver's license plate, and the bad driver's insurance card.  Call 911 if there is an injury and relay what the injuries are. Have witnesses text or email you their contact information from their phones. This way you can locate them later if needed.   
2. Seek Medical Care:  Immediately seek treatment if you are injured. Your Oregon issued auto insurance should pay $15,000.00 for up to two years of crash related medical treatment. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries.
3. Contact Insurance and the DMV: Call your insurance company to set up a claim. Cooperate with them, but be cautious of their motives. If there was an injury or more than $1500.00 in property damage submit the proper Accident Report to the DMV ASAP.  Here is a link to the form:  DMV Accident Form.
4. If you were in a hit and run you must make a police report or notify the DMV within 24 hours and notify your insurer within 30 days.  I advise reporting the matter to law enforcement as soon as possible.  This is important as you may not be able to make a claim in the future if you were a victim of a hit and run.
5. Call A Lawyer at 503.224.1658:   It won't cost you anything to chat, and you can learn about what you need to do next. 

Please be safe out there.  The roads are still treacherous and there is more snow and ice on the way.   Please do not hesitate to call if you have any questions.  Please remember this blog and web-site may be considered attorney advertisement.

Help Support the National Crime Victim's Law Institute!

Being a Crime Victim can be overwhelming at times.  Dealing with the psychological issues, the criminal investigation, medical issues or the loss of property, and the district attorney's office can quickly become too much for any one person to handle.   Thankfully there are organizations out there like the National Crime Victim Law Institute in Portland, Oregon.  The National Crime Victim Law Institute is an organization solely dedicated to assisting crime victims in asserting their rights.  These folks focus on ensuring the victim's rights are honored throughout the process. They do fantastic work and they need your financial help.

The National Crime Victim Law Center is a 501(c)(3) non-profit legal education and advocacy organization. As a result, they need donations to operate.  Ross Law LLC donated this year to support their efforts and asks that you do the same.  To donate click HERE.

If you are a crime victim feel free to call me at 503.224.1658. Ross Law is always happy to provide a free consultation to crime victims to help them through the process.  If you  do not want to contact an attorney and have any questions regarding the criminal justice process, crime victim's rights, or any other issues regarding crime victims the NCVLI has more resources HERE.

Please be advised Ross Law LLC is not affiliated with the National Crime Victim Law Institute in anyway aside from providing a monetary donation.   I just think it is a great organization that we need to support.   Please contact the NCVLI directly if you have any questions regarding their organization.  This web-site, blog, or article can be considered Attorney Advertising.  

Be Careful in Parking Lots! Crashes and Injuries are more Common Than You Think

“On average at least 60,000 are injured and 500 or more die in the 50,000 plus crashes in parking lots and garages every year”

— The National Safety Council

Many people enjoy the chaotic scavenger hunt that the media has dubbed "Black Friday."  Black Friday is a day of deep discounts at retailers but it also a day of pure chaos on the roads.   Traffic around major retailers and shopping centers is usually backed up. Parking spaces are impossible to find.  Drivers are anxious and frustrated because they cannot get into the stores to shop.  Shoppers are also tired because they have been up to catch the early deals. Drivers and pedestrians are also distracted by their cell phones and other devices.  These drivers and pedestrians have also become complacent based on the false assumption that parking lots are safe.  All of these circumstances lead to a very dangerous situation for drivers and pedestrians.  

The National Safety Council has researched parking lot crashes.  The Council determined that one in five car crashes happen in parking lots.  The researches noted that the leading cause of the crashes is distracted driving and walking.  This is due to the fact people have a false sense of security in parking lots due to the slow speeds most people are traveling at.  However, even a crash at slow speeds can have tragic results.  

The council noted that that on average 500 people die in parking lot and garage crashes every year.  Approximately 60,000 people are injured in parking lot crashes every year.  The council also determined there are roughly 50,000 car crashes in parking lots and garages a year. These are surprising  and scary statistics that I ask you to keep in mind when you think about using your cell phone in the parking lot.

If you or someone you know have been injured by a vehicle in a parking lot please call me at 503.224.1658 to discuss your case.  Ross Law LLC offers free personal injury consultations.  It is usually imperative to retain a lawyer if you have  been injured in a parking lot,  because insurance companies make "low ball" offers.   Please note Ross Law is not affiliated with the National Safety Council. Also please note the statistics have not been vetted by Ross Law or any attorney at Ross Law.  If you have questions about them please contact the National Safety Council.   Lastly this post is not to be considered legal advice.  Please contact a personal injury attorney if you have been injured in a crash, and do not rely solely on this post.

Thanksgiving Travel Tips-When Oregonians Should Drive to Avoid The Traffic

It is hard to believe Thanksgiving is already here.  Millions of people are gearing up to hit the road to travel to see family and friends.   Here, in Oregon the forecast looks wet (imagine that) and there is snow predicted to be a the mountain passes.   Wet weather conditions, poor visibility, frustrated and anxious drivers, and distracted and drowsy drivers all create the perfect storm for car crashes.  However, you can reduce your risk of being in a crash if you simply avoid much of the traffic. 

 Waze is a cell phone navigation app.  The app tracks drivers' speed, direction, and driving habits.   Waze does an incredible job of capturing and analyzing data to assist travelers predict travel patterns. Waze has monitored traffic for the past couple of years and has predicted when people should travel to avoid the Thanksgiving traffic. Waze believes the best and worst times to travel are:

• Tuesday, November 22, 2016:  Avoid being on the road between the hours of 12PM and 6PM.  Especially between 4 pm and 6 pm.  It would be best to leave early or wait until after the 6 PM traffic thins out to hit the road. In the Portland area, most traffic does not thin out until about 630 PM.
• Wednesday, November 23, 2016: Your odds of being in a car crash increase by 33% if you choose to travel on Wednesday.  Waze suggests avoiding the road in the late morning to the end of the day.  Most people travel on Wednesday, so it would be best to try and get an early start on Wednesday to avoid the traffic and the increased risk of being injured in a crash.
• Thursday, November 24, 2016:   Thursday is a great day to travel, but it is also Thanksgiving.   Most people are already at their destinations, so there really is not much traffic on the road.  However, those that are traveling please be careful of the Drunk Drivers on the road.  If you suspect a person is DUII on the road call the police immediately and keep your distance. 
• Friday, November 25, 2016:  Waze's data notes that Friday is a great day to travel.  However, we all know from experience that driving around shopping malls and other stores can be a nightmare on "Black Friday."   The Woodburn Outlet Mall usually has traffic backed up in the right lane of I-5 for a long distance before the exit.  Areas around the Washington Square Mall  also become congested.    These areas are particularly dangerous because of the amount of frustrated and anxious people on the road.   
• Saturday, November 26, 2016:  Waze notes Saturday is a great day to drive.   There shouldn't be much traffic that date, so it may not be a bad idea to hit the road early.  
• Sunday, November 27, 2016:  Waze predicts on Sunday there will be 100% more car crashes than usual.  Traffic Jams increase by 240%.   The bottom line is that driving between 11:00 AM and 6:00 PM is a terrible idea.  
• Monday, November 28, 2016:  Monday is predicted to be a great day to drive.  Waze only advises that the highest increase of vehicles on the road will be at around 3:00 PM. 

I hope everyone reaches their destinations safely and without too much stress and frustration.  However, should the unthinkable happen and you find yourself injured in a car crash, please call me at 503.224.1658.  Ross Law LLC is happy to provide Free Personal Injury consultations.  Please remember the data above is provided by Waze.  Ross Law LLC is not affiliated with Waze,  and has not vetted any of the data.  If you have issues with the predictions, please contact Waze.   Also, please remember that applications such as Waze can be very distracting to drivers and can cause car crashes.  Please keep your eyes on the road if you are using Waze and listen to the voice commands.  

Ross Law wishes the Marine Corps a Happy 241st Birthday!

On November 10, 1775 the United States Marine Corps was born.  Marines have been fighting on behalf of others every day since.  Every November 10 United States Marines around the world take time to celebrate the Marine Corps and reflect on their service.  

I was fortunate to serve in the Marine Corps decades ago.  Each year on November 10, I take time out of my day to briefly reflect on my service in the Marine Corps. This is a time of the year to catch up with old Marine friends and reflect on the skills and knowledge I obtained in the Marine Corps.  I didn't have a desk job in the Marine Corps.  I was a basic infantryman, so I didn't learn any office skills or other skills you would think may help a lawyer.  

“When the Continental Congress stood up two battalions of Marines in 1775, a culture of
discipline, vigilance, professionalism, and military excellence was born that has characterized
our Corps for nearly two and a half centuries. As Marines, we have a profound respect for our
traditions and heritage, and for taking care of each other. ”

— Robert B. Neller General, U.S. Marine Corps Commandant of the Marine Corps

However, I regularly draw from the skills and knowledge I obtained as a Marine to represent people injured by the negligence of others, crime victims, and consumers.  The Marine Corps taught me to adapt and overcome all odds.  I was constantly pushed to do more with less. Marines are not intimidated, even when the odds are heavily stacked against them.  Marines never quit.  Marines are expected to figure out a solution despite what many people perceive is an "impossible task." 

These lessons I learned in the Marine Corps are invaluable today.  As a plaintiff's personal injury lawyer, I am always out-gunned and out-numbered by  insurance companies and their high priced lawyers.   I don't have the hundreds of millions of dollars that an Insurance company has to finance a case, so I am constantly tasked with doing more with less and getting results.  I thrive on the fact that I am regularly an under-dog.  A fancy office building or a grumpy old lawyer that barks at me does little to assist their client. I am not intimidated by the prospect of a Jury trial, and have the discipline and drive to  continue litigating even when the case becomes difficult.   All of these lessons cannot be taught in law-school, in a seminar, or by working on the top-floor of a high rise Portland office building.  They were all learned while serving alongside my fellow Marines. 

If you served in the Marine Corps, then Happy Birthday. If you know a Marine then wish them a Happy Birthday.  It means a lot.  If you served in the Marine Corps or another branch of the military and have a legal issue then call me at 503.224.1658 for your free brief phone consultation. If I don't practice in an area I will do my best to find you someone that does.  

Dos and Don'ts of Driving in Oregon's Fog

The rain has finally left us for a few days. However, this morning's commute was hindered by a thick layer of fog throughout the Portland metro region.   Driving in fog can be very dangerous if people do not adjust their driving techniques.  Things happen very quickly in the fog.  As the video below shows people can be seriously injured by driving too fast in thick fog.  .

Click on Video To See What Happens If A Person Drives Too Fast In Thick Fog!

1)  SLOW Down!  It should go without saying, but people often drive too fast for conditions.  Fog can be difficult to drive in because it can suddenly become very thick completely obscuring visibility.  Remember you can get a traffic ticket for driving the speed limit if an officer believes you are driving too fast for conditions.  Read my previous blog article for more information.

2)   Be On The Look Out for Cyclist and Pedestrians!  Cyclist and pedestrians are already difficult to see in low light situations.  Fog can compound the issue.   Additionally, drivers may cross the white line (fog line) on the right side of the road that divides the bike lane from the traffic lane because they are concerned that they will get in a head on collision.   Driving close to the fog line is very dangerous especially in areas where cyclist and pedestrians are along side the road.

3)  Use Your Low Beam Headlights! Thankfully most drivers use their headlights in low visibility situations.  However some drivers instinctively use their high beams when driving in the fog.  I guess the theory is you can see better through the fog if you have a brighter light shining.  The exact opposite is true.   High beams cause the light to reflect and refract off of the fog and makes it very difficult to see.  A driver can create a more dangerous situation if they are using their high beam headlights in the fog.

4)  Remember to Turn off Fog Lights When On-Coming Traffic Approaches!  Many vehicles are equipped with fog lights. These bright lights are directed low at the road and can increase visibility for the driver.   NEVER substitute fog lights for headlights.  You should use both.  Oregon has very specific laws regarding fog lights.  The Oregon Department of Transportation (ODOT) has advised that people should turn off fog lights when they are within 300 feet of oncoming traffic during low light situations.  A low light situation is at night, dawn, or dusk.   ODOT asserts that fog lights are very distracting to on-coming drivers. 

5)  If it is difficult to See The Yellow Lane Divider Try Concentrating on the Fog Line!  As a teenager I learned to drive on the coast.  Fog constantly blanketed the little town I lived in.  I was forced to learn very quickly how to drive in very think fog.   My father thought me a trick that I have relied on for decades.   It turns out that this is a well known trick that ODOT recommends.  Sometimes the center yellow line is difficult to see or a driver will focus too much on it.  On coming traffic can make the situation worse, especially at night.   That is where the fog line comes in.  The fog line is the white line to the right side of the road.   I have found it is much easier to focus on the fog line in dense fog.  You don't get temporarily blinded by on-coming head-lights and you do not find yourself hugging the yellow lane divider.  However, this trick can create issues if you are in an area where cyclists and pedestrians are on the side of the road.   It is very important to remember to give them enough room.    

I hope these tricks are useful and help you drive safely in Oregon's fog.  However, should the unthinkable occur and you are injured in a crash please call me at 503.224.1658.  Ross Law LLC is happy to provide free personal injury consultations to Oregon Drivers.  Please remember these suggestions are based on my personal experience and are not legal advice.  This post is intended for informational purposes only.   Also, please remember this blog, this article, and this web-site can be considered attorney advertising. 

Be Safe on Halloween: Tips to Keep Your Kids Safe

Halloween is here again.   Each year gets more and more fun as my little toddler gets older and older.  This year my son is going to be a pumpkin.  He is so excited because he is finally old enough to run around the neighborhood and go trick or treating.  Although my wife and I can't wait to see our little guy trick-or treating, we are also a little anxious because Halloween can be a dangerous time for little kids to be out and about.  This is due to the fact that DUII Drivers are all over the road, mischievous teenage drivers are on the roads, and drivers are distracted by the folks walking around in costume.  Mobs of kids are also everywhere and some are not paying attention to their surroundings. These factors create a perfect storm for an injury to occur.   Many of these injuries can be preventable. Here are a few Halloween tips to help you protect the little people when they are out and about:

Visibility:  It is common sense that a child dressed as a Ninja or in Camouflage will be difficult to see.  However, every year I see a child dressed in all black without any reflective strips or lights to increase their visibility.  This creates the obvious risk of a car injuring your child.  It is best to ensure your child is visible by giving them something that glows or lights up to help motorist see them.  At a minimum put reflective tape around their ankles and wrist where it is visible to others.  Additionally, children and parents should be able to see out of the mask they are wearing.  Limiting your visibility can hinder your ability to keep an eye on your little ones as they run from house to house.  

Tripping:  Kids and parents often find themselves standing on unfamiliar porches littered with  pumpkins and other Halloween decorations.  It is important that you pay attention to these tripping hazards, so you and your child can avoid being injured by a fall caused by tripping over these objects.  Also, sidewalks covered with leaves can cause a person to fall and be injured.  Slow down and watch your step when walking on dark leaf covered sidewalks, and let your kids know they should slow down and watch their step.   At your house you should ensure the pathway is clear to your front door and you do not have any tripping hazards.  Remove slippery leaves and ensure their is sufficient lighting for people to see where they are walking.  

The Street:  The Street is an obvious danger to most, but many people live on quiet streets that do not have a lot of traffic.  Children become complacent and often play in the street or run across the street without being cognizant of the dangers involved. A tragic example illustrates the dangers of playing near the street. Two children  were seriously injured and killed after being struck by a car as they were playing in leaves piled up in the street adjacent to the sidewalk in front of their house.  The Driver for some reason veered into the leaves, ran over the children, and fled the scene.  These unthinkable tragedies happen and the only way to prevent them is to do your best to keep the kids out of the street and ensure they are aware that they absolutely cannot be in the street on Halloween night. 

Stay Close to Your Little Ones:  My son is just starting to understand the dangers posed by cars, so it is up to me to look out for his safety.  Parents are always doing their best to look out for their children, but sometimes they may let their little ones get too far from them to react to a dangerous situation.  This is very true when people are in their own neighborhood, because people often become complacent in their neighborhood. On Halloween, it is always a good idea to keep your little ones extremely close and walk all the way to the door with them.  Keep your body between them and the street, so if they do dart out into the street you are in a position to prevent them from going into the street. 

Halloween should be a fun time for all, and you should not have to spend the night in the hospital worrying about your little one’s injuries and the tens of thousands of dollars in medical bills. Being aware of the dangers can help you prevent yourself and your little ones from being injured by the negligence of another.  I wish you all a safe and Happy Halloween!

If you  believe you were injured by the negligence of another call Ross Law LLC and Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  Please remember this post is for informational purposes only and does not constitute legal advice.  Also, please remember that this post does not create an Attorney client relationship.