Another Self Driving Vehicle Crash-Uber Pulls Autonomous Vehicles off of Road

Uber has been pushing for self driving vehicles and is using them in select cities.  These vehicles are manned by a driver that is to take over in dangerous situations.  However, the cars are primarily driven by a computer.  As suspected, there are some issues that arise when the computers don't function as designed, or the vehicle can't account for a dangerous situation. When these failures occur the results can be catastrophic leading to injury and even death.  (Click here to read about self driving car failure resulting in death.)  Uber recently pulled its vehicles off of the road after a self driving Uber car was involved in a crash.  (click here to read about recent autonomous vehicle Uber crash.)

Self Driving cars and ride-share programs somewhat compound an already uncertain area of the law and there are other safety risks that are going to arise should Uber continue to test vehicles on the road without proper research and development in house.  Maintenance issues, malfunctions, and small issues are destined to arise.  I have heard complaints from ride share operators regarding occasional glitches with the app, so it is difficult to imagine the self driving vehicle won't have any glitches. If a self driving vehicle fails to operate during a ride and leaves a customer stranded that is later a victim of an assault or robbery, will Uber be liable?  These are all issues that may arise.  

The autonomous vehicle issues are new to Oregon and Oregon politicians and agencies are struggling to keep up with technology.  Until they are able to adequately regulate this industry it will be up to attorneys looking out for injured people to raise these issues for their injured clients and hopefully provide an economic incentive for the autonomous vehicle industry to be abundantly cautious when rolling out these vehicles.  If you have more questions feel free to read my previous blog articles:  Who is Responsible for Crash with Self Driving Car?; Licensing Autonomous Vehicles in Oregon?;  What to do passenger In Crash with Uber or Lyft?  

If you were an Uber or Lyft passenger involved in a crash, please call Ross Law at 503.224.1658.  Jeremiah Ross is happy to discuss your personal injury case with you. If you are involved in a crash with a self-driving vehicle or autonomous vehicle feel free to call Jeremiah Ross.  Legal Stuff:  Please note this article is based on the author's opinion.   Ross Law does not have any affiliations with any ride share program or taxi-cab company.  This information is not to be considered legal advice and is for information only.

Litigating Cases in Far Away Places-Ross Law Takes Cases outside of Portland

People regularly ask if I take cases outside of Portland.  The answer is, sometimes.   For example, yesterday I appeared in Jackson County court in Medford, Oregon.   It is always nice to get outside of Portland for the right type of case.  I currently have cases pending in Eastern Oregon and on the Oregon Coast.   I typically will take Personal Injury cases and crime victim cases from all over the state of Oregon.  If you have any questions about the types of out of the area cases I take, call Ross Law LLC at 503.224.1658 and ask for Jeremiah Ross.

What to do if injured in a Uber or Lyft Crash....

Uber and Lyft have become incredibly popular in Portland and other Oregon cities.  These convenient ride shares allow customers to quickly hitch a ride virtually any time and anywhere within the Portland Metro region.   The drivers are regular folks who are often driving as a second job.  However, this can create problems.   Uber and Lyft are regularly in the news for the various issues that arise when their drivers don't behave or make mistakes.  People have reported incidents of Assaults, Sexual Assaults, and verbal abuse from ride share drivers.   However, the most common incident with Uber or Lyft is when the driver gets in a Car Crash with a passenger in the back seat.  (Click here for recent story of Uber Driver Crashing Into Gas Pump)

If you are in a passenger in a Ride Share program and are injured in a car crash you are going to face some unique issues.  One of the major issues that you will face is whose insurance is going to pay for your medical bills and compensate you for your injuries.   Many insurance policies exclude coverage for drivers that are working for Uber or Lyft.  That means if the Rideshare driver was at fault for the crash, then their bodily injury insurance may not provide coverage to pay you for your medical bills or damages.  Uber and Lyft have their own insurance policies, but they are not usually willing to pay without being forced to.   That is why you will usually need a lawyer if you are injured while a passenger in a ride-share program.

If you are injured in a crash with an Uber or Lyft driver here are some tips for you:

1. Ensure you preserve the driver's information.   You need the driver's name and the license plate of the vehicle.   You can take photos of the driver's license and the license plate.  However, it is important to try and document the Uber or Lyft Ride. The best way to do this is Screenshot the Lyft or Uber app right after the crash.  This is not always possible due to the severity of the injury, but that is the best way to ensure you have the driver's information.  If you were unable to screenshot the App immediately after the crash, both apps have a ride history section where you can bring up the driver's information and the ride route. (click here for instructions for UBER) (Click here for instructions for Lyft)  Once you find the ride then screenshot the page to ensure you preserve it. 
2. Get the UBER or LYFT Driver's Insurance Information:  Get their Auto Policy information and all of the Uber or Lyft Insurance information.  If the driver drives for both Uber and Lyft then try and get insurance information from the driver for both companies.
3. Other things to do 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.   
4. Seek Medical Care:  Immediately seek treatment if you are injured. Oregon auto insurance policies should pay $15,000.00 for up to two years of crash related medical treatment.  The Uber or Lyft Driver's insurance may pay as well.  This is why it is important to contact a lawyer first, as these issues need to be addressed early in the case.  
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. I will give you a free case evaluation. 
6. If you choose not to call a lawyer, you should contact your auto insurance if you have it: Call your insurance company to set up a claim. Cooperate with them, but be cautious of their motives.
7. Be Cautious of Discussing things with The Other Driver's Insurance and Lyft or Uber.  

If you have any questions please call Ross Law LLC at 503.224.1658 for your free case evaluation.   Legal Stuff: Please remember this post is for informational purposes only and you will likely need to do more than what is listed above to pursue an injury claim on your own behalf.  Also, the law is constantly changing, so please consult with a lawyer rather than relying on this post. 

National Consumer Protection Week-People and Laws that Protect Consumers

As a consumer attorney I am always attempting to bring awareness to issues that effect consumers.   Things like arbitration clauses, auto fraud, unlawful debt collections, lender fraud, and mortgage fraud, are all issues that consumer lawyers take on.   I focus on a small area of auto fraud, but there are many lawyers in Oregon that represent consumers in all different types of cases. 

This week is the Federal Trade Commission's consumer protection week.  The purpose of this week is to bring awareness to consumer issues.  Why does this matter to you?  It is simple, Consumer issues effect virtually everyone in the United States.  Regulatory agencies and attorneys work tirelessly to ensure that consumer's get a fair shot and attempt to use the law to encourage businesses to change their behavior.  

For example, things like the Truth In Lending act ensure that you should have the ability to understand your loan and how much it would cost you.  Without attorney's representing consumers that were not provided the proper paperwork disclosing the loan terms, the law would probably be ignored. Businesses wouldn't have any incentive to comply with it. Another example is the car dealer that sells a vehicle "As-Is" and it breaks down the next day.  The Oregon Department of Justice can enforce rules that should protect the consumer if this happens.  Private attorneys can also represent consumers that get ripped off by car dealers.  This will hopefully help educate dealers on the various laws they have broken and provide them an incentive to change their behavior.  Other issues such as banks charging hidden fees or debt collectors calling in the middle of the night are all issues that regulatory agencies and lawyers are constantly battling to prevent.  The bottom line is that if you feel you were ripped off  there are agencies and lawyers that are eager to assist. 

If you have any questions feel free to call Jeremiah Ross at 503.224.1658.  Jeremiah Ross represents persons in Personal Injury matters, Auto Fraud cases, and crime victims.  LEGAL STUFF: Please note Ross Law is not affiliated with the Department of Justice or the FTC or any other state or federal agency.  This blog post and web-site are not to be considered legal advice, but could be construed as Attorney Advertising.

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Reimbursement for Transportation to Crash Related Medical Appointments?

Here in Oregon we are fortunate to have Personal Injury Protection Benefits, or "PIP" benefits.  PIP benefits are no fault auto insurance benefits that allow people that are in car crashes to receive up to $15,000.00 to cover crash related medical expenses.  (Click here for a more detailed explanation of all PIP benefits and limitations).   Although the law mandates Oregon Auto Insurers to provide PIP benefits, it is not always clear exactly what are crash related medical expenses.  More specifically, does an Oregon Auto Insurance policy provide benefits to reimburse a person to travel to medical appointments?  Oregon's Supreme Court recently said no.  PIP benefits do not include transpiration costs to receive medical benefits.  

This is a blow to injured people in Oregon that rely on these benefits, and especially rural Oregonians.   This is due to the fact that folks living in urban areas have easy access to medical care.  However, people living on the Oregon Coat, in Southern Oregon, Central Oregon and Eastern Oregon may have to travel hours to see a medical specialist and even stay in a hotel.   Unfortunately, Oregon's Court did not find that argument compelling.

The Oregon Supreme Court  addressed the issue of whether or not medical transportation is reimbursable under Oregon's PIP law, ORS 742.520 (1).  In Dowell v. Oregon Mutual Ins. Co. 361 Or 62 (2017),  the court analyzed the 2007 PIP statute which notes Oregon Auto Insurance Policies must have a provision that that covers:

"All reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $15,000 in the aggregate for all such expenses of the person.” ORS 742.524(1)(a)

It is important to note, the law has since changed to allow services for two years after the date of the person's injury.   However, that did not effect the court's analysis in this case.   The court determined ORS 742.524 did not intend expenses for ordinary transportation to receive medical treatment or to obtain medication .  Again this is not good news for injured Oregonians and we can only hope for a legislative fix.   

All hope is not lost though.  You may still be able to recover transportation costs to medical care from the at-fault driver.  If you or someone you know has questions about your PIP benefits please call Jeremiah Ross at 503.224.1658. Ross Law LLC is happy to give you a free telephonic case evaluation.    

Also, remember the law is always changing.   Please rely on the text of the Court's decision and not solely on this post. Also, remember to rely on the current statute as the legislature is constantly changing the laws.   Lastly, this post is not intended to be legal advice and is for informational purposes only.   This could also be considered legal advertising.   

Superlawyers Recognizes Jeremiah Ross as a Personal Injury Rising Star Again!

Superlawyers selected Jeremiah Ross as a personal injury rising start for 2017.  This is the second year in a row Jeremiah Ross has been selected by Superlawyers as a Rising Star in Personal Injury cases.   According to Superlawyers the Rising Star selection is an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Oregon receive this distinction.  

Jeremiah V. Ross

Selected in 2017 Thomson Reuters

According to Superlawyers, "Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys."

If you would like to have a free personal injury case evaluation by Jeremiah Ross call Ross Law at 503.224.1658

A dangerous day for driving ,SNOW and the Superbowl:

It is Superbowl Sunday and the National Weather Service is also predicting snow yet again in Portland, Oregon.  As the Oregonian has previously reported, the Superbowl is historically a dangerous day for people to be on the road, because of all of the DUII Drivers.   Portland drivers have shown over the past few weeks that we have issues with driving in the snow.  In short, this is a terrible day to drive.  

If you need information about what to do if you were in a car crash due to snow click here.

If you were involved in a crash with a suspected DUII driver click here.

If you have questions about additional compensation, because you were hit by a DUII driver click here.  You may be entitled to punitive damages, criminal restitution, and increased damages if your case is taken to trial.  and there may be more people responsible for causing the crash than just the bad driver.  For more information click here.

If you want to speak with a lawyer rather than reading call me at 503.224.1658 for your free car crash personal injury case evaluation.  Feel free to call Ross Law and Jeremiah Ross at 503.224.1658.  

Please remember this post is for informational purposes only and the law is constantly changing.   Please call a lawyer before relying on this post. 

The Dreaded Arbitration Clause- A Brief Explanation

Many of my consumer cases hinge on the dreaded arbitration clause.  Businesses often bury arbitration clauses in fine print, in difficult to understand language, and the business rarely advises a person they can opt out of the arbitration clause.   With that said,  you are probably wondering, what is the big deal with arbitration clauses?   

The big deal:  Arbitration Clauses strip you of your right to a jury of your peers.  Here in Oregon the vast majority of arbitrators are white males who have been practicing law for decades and decades.  Many of the arbitrators do their best to see things from both sides, but they typically are pretty hard on consumers that have signed things like "As-Is" disclosures or other agreements.  They do this because they are seeing things through the eyes of a lawyer and not a typical consumer who might be on the Jury.   Consumers see things from a real world perspective and understand why a consumer may act in a particular manner.  

Another big issue is cost, many times the consumer has to pay the arbitrator thousands of dollars to hear the case.   It doesn't make sense for a consumer to pay the arbitrator $3,000.00 to preside over a dispute over $5,000.00.  Additionally, Arbitration Clauses are often coupled with Attorney Fee clauses that could make the consumer liable for the businesses attorney fees if they lose.  This can be tens of thousands of dollars. 

Consumers are also crippled by arbitration rules of procedure.  Many arbitration services tout themselves as efficient.  What this means is the rules make it difficult for the parties to gather information from each other and third parties.  This typically always hurts the consumer, because the business has all of the records regarding the product and the sale.   In a products liability case or Nursing Home case that requires arbitration the injured person will have little documentary evidence, but the Nursing Home or product manufacturer will likely have documents that support the injured persons case.   

What to do:  First try and locate the arbitration clause.  This could turn into a full time job for some folks, because many expensive products and credit cards usually are accompanied by a arbitration clause. Sometimes they are buried in the Warranty paperwork or Instructions.  If possible opt out of the arbitration clause.  Also, you can draw a line through an arbitration clause.  Most businesses don't know what to do if that is the case.  If it is an on-line agreement your options are limited, but they may be there. 

If you want more information and a recent example, check out CBS's story on Arbitration Clauses and how Samsung is using it to deprive an injured person of compensation for injuries Samsung caused. 

If you have any questions about an arbitration clause call me at 503.224.1658 to discuss your options.  Please remember Ross Law's post is not legal advice and is for informational purposes only.   Also, remember the law is always changing so who knows if Arbitration clauses may be in vogue in the future.