3 Tips For Dealing with Portland's Snow:

Rumors of Snowmageddon are back. People seemed obsessed with the weather apps that are all showing the highly sought after snowflake graphic for Portland on Tuesday, Wednesday, and Thursday of next week. As Oregonians, we know that it is very difficult for meteorologists to predict snow in the Willamette Valley, but things look to be shaping up for snow to fall next week. Below are three tips to help deal with the snow (if it actually snows):

1) Be Informed: News Stations are using the threat of an impending storm to draw people in. That is why there is so much news chatter about Snow. As a result, I don’t pay attention to the snow or news meteorologist (even though some of them are pretty good.) If you want the true most reliable forecast to go to the source, The National Weather Service. Their web-site does a fantastic job, but their twitter feed is EPIC for keeping informed about snow and road conditions. Click Here for the National Weather Service Portland’s Epic Twitter Feed or follow them @NWSPortland. Click here for the National Weather Service Web-Site.

2) Be Prepared:

• Your Vehicle: Ensure the vehicles have a full tank of fuel for Monday and Tuesday’s commute. You do not want to be stuck in one of Portland’s infamous traffic jams without and run out of gas. Ensure you have a blanket and some snacks in your vehicle in case you get snarled in standstill traffic during your commute. Ideally, your vehicle should have tire chains and/or All Wheel Drive or Four Wheel drive. If you use chains you should practice putting them on this weekend. This ensures that you can put them on when you need to.

• Your Home: Ensure you have enough food at home. Remember to have food that can be prepared without electricity, because the power often goes out during a snow storm due to tree limbs falling on power lines. (Click Here for the PGE Outage Map) Be careful with heating your home with kerosene heaters, as they pose a fire risk and remember to ventilate your home. Click here for Kerosene heater safety tips. Also, remember to cover your exterior pipes and water facets so they don’t freeze.

• Your Sidewalk: Ensure you have a snow shovel or rock salt to clear your sidewalk. Remember the Portland City Code REQUIRES YOU to remove ice and snow on your sidewalk. At Ross Law we have represented people that have fallen and injured due to people failing to clear the sidewalk of ice and snow. Removing ice and snow from your sidewalk is the easiest way to avoid the guilt of knowing that your negligence injured someone and the hassle of dealing with insurance companies and their lawyers.

3) Be At Home: Unless you have to leave your home then you should stay home to avoid the commute. Ask your boss if you can work from home. Many employers in the Willamette Valley let employees go early to avoid the commute. If you have kids remember to keep up to date on their school’s closures as they often get released early.

Hopefully, everyone will be safe and avoid the disasters of the past snow events. However, if you find yourself needing a Portland Personal Injury lawyer please call Ross Law PDX at 503.224.1658 for your free personal injury case evaluation. Jeremiah Ross has represented people that were injured in car crashes in the snow and ice, and people that have fallen on slippery sidewalks.

New Law: In 2020 Oregon Cyclists Can Legally Roll through Stop Signs

Starting January 1, 2020 Oregon’s cyclists can legally roll through stop signs. In other words, if you are riding a bicycle you can treat a stop sign and flashing red lights as a yield sign. The new law only requires cyclists to slow to a safe speed and yield to any traffic that is already in the intersection or close enough to be dangerous to the cyclists.

As a personal injury that has represented numerous cyclists that have been injured in crashes with vehicles, I have mixed feelings about the law. The proponents of the law have a point when claiming cyclists need to keep their momentum and stop signs on residential streets can be a serious impediment to commuting by bike. They also have a point when they note that many cyclists are already doing “Idaho stops” or “California Stops.” However, the concern is that cyclists may construe the law as permitting them to dart in front of traffic and expecting vehicles to stop. This may increase the chance of the cyclist being injured or killed by a car. We will have to see how this plays out once the law goes into effect in a couple of days.

Click Here for the full text of SB 988 (2019) if you need further explanation on Oregon’s laws. If you or someone you know is a cyclist that was injured or killed in a crash with a vehicle please call Personal Injury and Bike Lawyer Jeremiah Ross. Call Ross Law PDX at 503.224.1658 for your free personal injury consultation. Please review the law and do not solely rely on this post.

Can Cyclists Get PIP Insurance Coverage if They Are Thrown Into a Stationary Vehicle?

Answer: Yes, an Oregon cyclist can get No-Fault PIP medical coverage if they are thrown into a Stationary Car waiting at a Stop Sign. See below for details.

Here at Ross Law, we are constantly fighting to ensure that insurance companies comply with the law and the terms of their insurance policies. This often results in interesting litigation where we get to geek out over what the language in the law and policies actually mean. (Click Here to Read about our USAA Dispute)

For example, we recently represented a cyclist who was hit by a car while lawfully riding his bike on the street. The impact of the crash threw the cyclist into a stationary vehicle waiting at a stoplight. State Farm insured the stationary vehicle.

The law allows cyclists to be eligible for up to $15,000.00 in no-fault PIP medical coverage in certain circumstances. Our cyclist client was eligible for PIP medical benefits, but State Farm denied our request for coverage because they claimed the law required that their insured’s vehicle is moving in order for the cyclist to be “struck by” the insured vehicle.

We obviously had a different take on State Farm’s reading of the law. ORS 742.520(1) and (2) were enacted to ensure that Oregon’s pedestrians had no-fault PIP coverage to pay their medical bills in the event they were “struck by” a vehicle. Cyclists are considered pedestrians under Oregon’s PIP law. As a result, it was our position that in order to fulfill the legislative intent that cyclists medical bills get paid by no-fault insurance; the court had to interpret the phrase “struck by” as the forceful collision between two objects. One could be stationary or both could be moving. The court agreed with our position and granted our Motion for Summary judgment. This means that our cyclist client will be reimbursed $15,000.00 for the medical bills that he paid out of his pocket.

State Farm also likely has to pay our cyclist client’s attorney fees. That means that the cyclist will collect the entire $15,000.00. This is important as it means that the cyclist basically received free legal representation because the insurer that took an unreasonable position should have to pay his legal fees. The court will decide that issue in the near future.

State Farm may appeal the matter. If they do then we are ready to continue to fight. This was a big win. Future cyclists should benefit from our work and won’t be denied PIP benefits simply because the insured’s vehicle was not moving at the time of the crash.

If you are injured while riding your bike and are trying to get your medical bills paid after a crash with a vehicle, call Ross Law at 503.224.1658. Jeremiah Ross is a personal injury lawyer that represents cyclists throughout Oregon and is happy to provide a free personal injury and insurance case evaluation.

Please remember that all cases are different and your facts may not entitle you to PIP coverage if you were a cyclist or pedestrian that was hit by a car. Remember there is a priority of coverage issues that mean if you have PIP insurance of Health Insurance then you may not be eligible to get PIP insurance from the vehicle that struck you. Please also remember the law is constantly changing so please contact a lawyer to obtain legal advice. This post is not intended to be legal advice and is for general education purposes.

Its Snowing in The Passes! Things You Should Have Before You Travel:

Its Thanksgiving already and the snow is dumping in the Cascades. Remember to be prepared before you leave because you never know what may happen out there. The last thing you want is to be involved in a crash or get stuck on the side of the road only to find out that you do not have an essential item. You should consider bringing all of the items below before you head off through Oregon’s Mountain Passes or drive through Eastern Oregon.

If you or someone you know is involved in an Oregon Motor Vehicle Accident call personal injury lawyer Jeremiah Ross at 503.224.1658 for your free personal injury case evaluation. Ross Law PDX represents people throughout Oregon, including Malheur County, Umatilla County, Clatsop County, Jackson County, and everywhere in between.

Is There a Deadline To File An Injury “Claim” in a Vehicle or Bike Crash?

The Only Deadline with the Bad Driver and their insurer is The Statute of Limitations: Insurance companies will try many things to expedite your claim and force you to settle short. They want to provide you with the least amount of money possible for your injuries and avoid the prospect of you having a costly permanent injury.

This is especially true in “soft tissue” damage cases. For example, if you settle for $1,500.00 a week after the crash and then find out you need back surgery a couple of months later because the crash herniated a disc, then you usually cannot come back and demand more money from the bad driver’s insurer because you settled your claim for $1,500.00.

The insurer’s Stop Watch is Not Always Operating the Same Speed as the Court’s Statute of Limitations

One way insurers try and pay minimal value for the claim is trying to rush you to settle. They will threaten to “close your claim” if you don’t settle that day. The bad driver’s insurance adjuster will say it in a manner that makes you think you can’t re-open the claim later. They may send letters noting the statute of limitations, but they will act differently on the phone. All you have to remember when dealing with the bad driver’s insurer is The only real deadline with respect to your Oregon bodily injury claim against the bad driver is the 2-year statute of limitations. See ORS 12.110(1) (2018) for specific language.

If you have any questions reading the statute of limitations or need more information regarding dealing with an insurance company please call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX represents people involved in car crashes and insurance disputes throughout Multnomah County, Clackamas County, Washington County, Columbia County, Umatilla County, Clatsop County, and throughout the state of Oregon.

Please refer to the law or contact an attorney and do not solely rely on this post. The statute of limitations is a BIG DEAL and you must be very clear on that issue if you intend on pursuing a claim for compensation against the driver. Please note uninsured motorist claims, Dram Shop Claims, Claims Against Public Bodies (Federal, State, County, and City), under-insured motorist claims may all have different statutes of limitations. This post may be considered personal injury lawyer advertising.

Happy Veterans Day!

Ross Law would like to thank all of those that have served our country. As a Veteran himself, Jeremiah Ross, knows first hand the challenges service members endure on a daily basis. Thank you Veterans for all of the sacrifices you have made.

Ross Law is honored to zealously advocate for veterans and their families. A recent example of this was our litigation against USAA who wrongfully denied a veteran’s family member PIP insurance benefits after a car crash. We will continue to fight on behalf of those that have fought for us. Happy Veterans Day and Happy Birthday Marines!

Jeremiah Ross on the Left

5 Things To Know Before Communicating With Insurance Companies After a Crash

Car crashes are terrible and frustrating experiences. Insurance companies do not make that any easier for folks. Insurers are always demanding more information to “evaluate” the claim and want you to fill out mountains of forms, provide sensitive information, and give recorded statements. It can be confusing for the injured person who is trying to juggle their daily life with the added stress of crash-related injuries and the maddening information request from the Insurance Companies. Insurance Companies exploit this chaotic period by requesting information and claiming that they “have to have it.” Sometimes this is true, while other times it is not. Below are some tips that a person injured in a car crash or bike crash with a bad driver (the person that caused the crash) should know:

1. You Do Not Have to Give A Recorded Statement to the Bad Driver’s Insurance Company: You do not have to communicate with the bad driver’s insurance company if you do not want to. Usually, it is not a good idea to communicate with the bad driver’s insurance company because they will try and obtain information that they can and will use against you if you claim you were injured. The bad driver’s insurer may claim that you have to give a “recorded statement” that could not be further from the truth. You may communicate with the bad driver’s insurer on the property damage claim, but they won’t ask about the cause of the crash and injury. You typically have NOTHING to gain from giving a recorded statement to the Bad Driver’s insurer. They typically will look at medical records to determine the nature and extent of your injuries, and only use recorded statements as a tool to get dirt on you.

2. You Do Have to Give A Recorded Statement to Your Auto Insurance Company & PIP Insurer: People often get confused on this issue. However, just remember that you have a duty to cooperate with the company that you are paying to insure you. Virtually in every insurance policy mandates that you have to cooperate, provide information, and sign documents upon request. In Oregon, PIP Insurers (Click here for information on PIP) can even demand an Examination Under Oath (EUO). This is a formal recorded statement usually done by an insurance company lawyer. If you are facing a EUO then you should contact a personal injury lawyer ASAP. PIP insurance providers can also mandate that you appear for a medical examination. Again if this occurs you should contact a Portland personal injury lawyer ASAP. Sometimes the PIP’s Insurance Company and the Bad Driver’s Insurance Company are the same. If that occurs you should reach out to a personal injury lawyer. In any event, you should demand that the insurance company “bifurcate” the claims, so you do not have the same adjuster assigned to your PIP case and the bodily injury claim.

3. Be Prepared If You Do Give A Recorded Statement: Recorded statements are used to justify the insurance company’s lousy offer on your bodily injury claim. If they are a PIP recorded statement they are used to try and determine what is the reasonable and necessary treatment you will be receiving, any pre-existing injuries they can use to deny the crash injured you, and if there are any reasons to deny your PIP insurance claim or coverage. Questions like on a scale of 1 to 10 how is your pain right now take people off guard and is not a clear question. Which body part? Compared to who? They have other questions they will ask about your treatment. For example, both liability insurers and PIP insurers will ask specifically what type of treatment you are receiving and how often. If you say I am going to the chiropractor 2 times a week for manipulations, and then the next week you go three times in a week and have a massage, the PIP carrier may deny the extra visit per week and all the massage treatment. The liability insurer will claim the extra chiropractic visit and the massage was not related to the crash and try and blame a pre-existing condition. Both the liability and PIP adjusters will try and put words in your mouth and asks questions designed to give you a false choice designed to minimize your injuries.

4. You Do NOT Need To Sign Releases For The Bad Driver’s Insurer: The Bad driver’s insurer usually will send you forms soon after the crash. They will say that you are required to fill out forms related to Medicare and Medical Releases (HIPPA releases). They do not tell you the purpose of these forms is so that they can pull all of your medical records and scour them to search for any evidence of a pre-existing condition that they can blame for the crash-related symptoms. For example, if you had a sore neck after sleeping on it funny and mentioned that at an annual check-up 3 years before the crash; the insurance company will use that information to try and blame your neck pain on pre-existing degenerative conditions and not on the soft tissue damage caused by the crash. Additionally, if you mentioned to the doctor that you were struggling with alcohol addiction, then the bad driver’s insurer may try and claim the “emotional distress” you are suffering from the crash is actually just a symptom of your alcohol addiction. They will do this even if it is a stupid argument. However, insurers do this because they know that many people will be embarrassed if they have to discuss private things like alcoholism. Personal injury lawyers fight to ensure that only relevant medical records are produced in order to ensure the insurance companies cannot try and gain information that will be used to annoy, harass, or embarrass the defendant. Remember, if your own insurer is requesting that you sign forms for them that you have a duty to cooperate. If you have questions call Ross Law PDX at 503.224.1658.

5. You Do NOT Have to Sign the Bad Driver’s Insured’s Medicare Forms or Provide Your SSN: The bad driver’s insurance company will want you to give them your social security number right after the crash and claim it is required in every claim. That is NOT true. In fact, insurance companies will use the social security number to run you through various databases to determine if you have had any other crashes that they can blame your crash-related injuries on, or use that information to determine the amount of a settlement you may be willing to accept. Insurers also know that people without Social Security Numbers may be reluctant to pursue a claim if they have to provide an SSN. Simply by sending these forms and informing people they have to sign them, the insurance company may be able to increase their annual profits. Insurers usually claim they need the form for “Medicare” purposes. However, there are forms you can fill out to allow the insurer to notify Medicare without providing an SSN, and these forms are only necessary if there is a settlement and potential Medicare involvement. If you have questions about this please Call a Personal Injury Lawyer at Ross Law at 503.224.1658.

Please remember that situations vary and the law is constantly changing. This post is for informational purposes only and should not solely be relied upon. It is not to be considered legal advice. Please contact a Portland Personal Injury Attorney at Ross Law PDX at 503.224.1658. Jeremiah Ross is happy to provide a free personal injury case evaluation and discuss insurance issues with you.

What You Need to Know to Survive Halloween!

Almost every year Ross Law posts Halloween safety tips. However, this year we have to admit that the Madison Alabama Police Department has outdone us. I came across a great post from the Independence Oregon Police Department yesterday with useful and hilarious Halloween tips. Here are some of the highlights from the Madison Alabama Police Department’s post:

Adults:
If you want to participate in Trick or Treat…turn on your porch lights. Fire up the scary skeletons and spooky goblins!

If you do not want to participate, turn OFF porch lights and any lights on the front of your home. This is a signal to young ones that you are not serving up the goods!

If you are handing out cavity starter packs, be sure the candy is wrapped and sealed. Homemade treats are great, but will often end up in the trash after parental inspections. Consider non-food treats such a coloring books or stickers to avoid possible food allergy issues.

If you are driving through residential areas, be aware that little monsters and goblins are hyped up on sugar and may not be paying attention to cars or traffic.

Do not drop your children off in a strange neighborhood to trick or treat alone just because it looks like a safe place to get some highfalutin candy. Remember, even Jeffrey Dahmer lived in a nice neighborhood.

Do NOT Get in This Guy’s Car No Matter What Kind of Candy He Offers you!

For the Trick or Treaters:

If the porch light is OFF keep moving. This house probably has Dollar Tree candy anyway.

If you receive homemade treats, ask your parents before eating them. Not everyone washes their hands.

Use sidewalks and stay in a group. Cross streets only at crosswalks and do not cut across yards.

Carry a flashlight or wear reflective clothing. Ghosts are only cool if you can see them!

Never go in a house or enter a car to get candy or treats. It could be haunted or worse.

Trick or Treating after 9:00 pm is not cool. Go home and divvy up your loot! Tomorrow is a school day!

Click HERE to read the full post.

Please be safe out there. We want to thank Law Enforcement agencies for getting the word out and trying to keep our streets safe. If you have any questions please call Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide free personal injury consultations. Please note that Ross Law is not affiliated with either the INdependence Police Department or the Madison Alabama Police Department.