What You Need to Know if You Were in Drunk Driving (DUII) Crash in Oregon

Car crashes can be a nightmare. They can be even worse if you were a drunk or intoxicated (DUII) driver hits you. You not only have to deal with your injuries, auto repairs, and insurance issues, but you also have to deal with the law enforcement investigation and prosecution.

Below are things EVERY PERSON involved in a crash caused by a drunk or intoxicated (DUII) driver must know:

Several legal remedies are available to the injured party in a DUII crash. These remedies can be pursued through civil litigation and may include compensatory and punitive damages. Here are the primary remedies available:

1. Compensatory Damages

Compensatory damages are intended to make the injured person "whole" by covering both economic and non-economic losses. They include:

• Medical Expenses: Compensation for current and future medical bills, rehabilitation costs, and other healthcare-related expenses resulting from the accident.

• Lost Wages: Reimbursement for lost income due to time off work, as well as future earning potential if the injury results in long-term disability.

• Property Damage: Coverage for repairs or replacement of the damaged vehicle and any other property damaged in the accident.

• Pain, Suffering, Embarrassment, Frustration, Inconvenience, Annoyance, etc. : Compensation for physical pain and emotional distress experienced as a result of the accident.

• Loss of Consortium: Damages awarded to the spouse of the injured party for the loss of companionship, affection, and support.

2. Punitive Damages

In cases where the drunk driver's behavior was particularly egregious, such as driving under the influence of alcohol or drugs (DUII), punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar conduct in the future. Oregon law allows for punitive damages if it is proven that the driver acted with "reckless indifference to the safety of others" or engaged in intentional misconduct. In other words, Oregon law permits people injured by drunk drivers to give teh drunk driver a “legal spanking.”

3. Wrongful Death Damages

If the drunk driving or driving under the influence (DUII) crash results in the death of another, the surviving family members may file a wrongful death lawsuit. Damages in a wrongful death claim may include:

• Funeral and Burial Expenses: Costs associated with the deceased’s funeral and burial.

• Loss of Financial Support: Compensation for the loss of the deceased’s income and financial contributions to the family.

• Loss of Companionship: Compensation for the emotional and relational loss suffered by surviving family members.

• Emotional Distress: Compensation for the mental anguish, distress, and grief experienced by the surviving family members.

4. Additional Remedies

• Insurance Claims: Victims can file a claim with the drunk driver's insurance company to recover damages. If the driver's insurance coverage is insufficient, the victim’s own uninsured/underinsured motorist coverage may provide additional compensation.

• Restitution: In some criminal cases, courts may order the drunk driver to pay restitution to the victim as part of the sentencing process. This is separate from civil damages and aims to compensate for out-of-pocket expenses. There can also be a “compensatory fine” ordered in some limited circumstances.

• Dram Shop Claims: The injured person or the Estate of a person killed by a DUII driver can also sue a bar, home-owner, or renter if they overserved alcohol to the Drunk Driver. These are called “Dram Shop Cases.” There are some very short timelines involved in Dram Shop cases, and they can be difficult to prove, so please speak with a lawyer if you believe you have a dram shop case.

Filing a Lawsuit

To get any compensation from being involved in a crash caused by a DUII driver, the injured party must file a civil lawsuit against the drunk driver. The process typically involves:

1. Filing a Complaint: Initiating the lawsuit by filing a legal complaint outlining the facts of the case and the damages sought.

2. Discovery: Both parties exchange information and evidence related to the accident and injuries.

3. Settlement Negotiations: Many cases are settled out of court through negotiations between the plaintiff and defendant (or their insurance companies).

4. Trial: If a settlement is not reached, the case proceeds to trial, where a judge or jury determines liability and awards damages.

Statute of Limitations

In Oregon, the statute of limitations for personal injury claims, including those arising from car accidents, is generally two years from the date of the accident. For wrongful death claims, the statute of limitations is typically three years from the date of death. If there is a Dram Shop claim involved a formal notice to the person, business, and/or company that you believe over-served you must be served within 180 days of the crash. There may be other time limitations invovlved, so please consult with a DUII Injury Lawyer such as Jeremiah Ross.

Legal Assistance

It is advisable for victims to consult with an experienced personal injury attorney to navigate the legal process, ensure all deadlines are met, and maximize the potential recovery. Ross Law has represented numerous individuals that have been injured by DUII driver’s in Oregon and has achieved incredible results for them. Please call DUII Injury Lawyer Jeremiah Ross at 503.224.1658 if you have any questions regarding your rights and remedies if you were injured by a DUII Driver in Oregon.

Please remember this post is not to be relied upon as a substitute for legal advice. Remember the law is always changing, so please consult with an Oregon Personal Injury lawyer such as Jeremiah Ross and Ross Law LLC rather than relying on this post.

3 Tips for Dealing with Insurance Companies After an Oregon Car Crash

Navigating the aftermath of a car crash can be a daunting task, especially when dealing with insurance companies. Insurance Companies in Oregon are focused on minimizing the amount of money you get, which can leave you feeling overwhelmed and at a disadvantage. However, with the right approach, you can enhance your negotiation skills and secure a fair settlement. Here are three tips to help you effectively negotiate with insurance companies after a car crash.

Document Everything

The importance of thorough documentation cannot be overstated when negotiating with insurance companies. From the moment the accident occurs, start collecting and preserving evidence. This includes gathering information at the scene, such as exchanging contact details with the other party involved, taking pictures of the vehicles and the accident scene, and noting the names and badge numbers of responding law enforcement officers.

Additionally, keep a detailed record of all medical treatments, expenses, and any related receipts. This documentation serves as tangible evidence of the extent of your injuries and the financial losses incurred. Insurance companies often rely on these records when assessing the validity and severity of your claim. By presenting a well-documented case, you strengthen your negotiating position and provide a clear picture of the impact the accident has had on your life.

Also, document when you speak with an insurance company and who you speak with. If you are using the insurance company’s app then screen shot the correspondence to preserve the communication. Preserve all email correspondence with the insurer. This information is invaluable so you don’t feel overwhelmed with trying to remember what you have previously discussed or sent in. It is fairly common for insurers to deny receiving documents or correspondence.

Understand Your Policy and Rights

One common mistake individuals make when negotiating with insurance companies is not fully understanding their insurance policy and legal rights. Take the time to carefully review your policy to know the coverage limits, deductibles, and any exclusions that may apply to your situation. Knowledge is power, and being well-informed allows you to speak confidently during negotiations.

Moreover, familiarize yourself with the laws and regulations governing insurance claims in your jurisdiction. Each state may have different rules regarding fault determination, deadlines for filing claims, and limitations on damages. Armed with this knowledge, you can assert your rights effectively and challenge any unjust denials or lowball offers from the insurance company.

Consider Seeking Professional Assistance

Insurance negotiations can be complex, and the tactics used by insurance adjusters may catch you off guard. Insurers that can make the process more stressful and overwhelming know that you are likely to take a low settlement offer to avoid future stress and frustration. In such cases, enlisting the help of a skilled attorney such as Ross Law LLC experienced in car crash cases can make a significant difference. Personal injury attorneys, such as Jeremiah Ross, specialize in negotiating with insurance companies and can advocate on your behalf to ensure you receive a fair settlement.

Attorneys possess the legal expertise to interpret policy language, assess the true value of your claim, and navigate the complexities of the negotiation process. They can also handle communication with the insurance company, alleviating the stress and burden on you. While legal representation may involve fees, the potential increase in your settlement often outweighs the costs, making it a valuable investment in securing a just outcome. If you have questions regarding your personal injury case call Ross Law at 503.224.1658.

Conclusion

Negotiating with insurance companies after a car crash requires a strategic and well-informed approach. By documenting everything, understanding your policy and rights, and considering professional assistance, you can enhance your chances of reaching a fair settlement. Remember, the key to successful negotiation is being well-prepared and assertive in advocating for your rights and compensation.

Please remember this blog post is for informational purposes only. Please consult with an attorney regarding your Oregon personal injury case to ensure all of your rights and obligations are understood.

Jeremiah Ross Honored by Law School

California Western School of Law recognized Oregon Personal Injury Lawyer Jeremiah Ross for being selected as an Oregon Super Lawyer in the Personal Injury Category.

“Jeremiah, you are an inspiration to all of us and a major force for good in the legal profession.”

— Sean M. Scott, President and Dean of California Western School of Law

If you or someone you know is in need of an Oregon Personal Injury Lawyer call Ross Law at 503.224.1658 for your free personal injury consultation. Please note blog posts may be considered Attorney Advertising.

Jeremiah Ross Selected as a SuperLawyer! Again....

2019 was an incredible year for Ross Law and Jeremiah Ross! Ross Law fought tirelessly for our clients in personal injury cases, insurance disputes, wrongful death cases, medical malpractice cases, lemon law cases, auto dealership fraud cases, and crime victim cases. Ross law achieved incredible results for our clients.

Peers selected Jeremiah Ross as a 2020 SuperLawyer for personal injury general plaintiff’s practice. This is the fifth year Jeremiah Ross has been recognized by SuperLawyers.

• 2020 Oregon Super Lawyers

• 2019 Oregon Super Lawyers

• 2018 Oregon Super Lawyers

• 2017 Oregon Rising Stars

• 2016 Oregon Rising Stars

We look forward to continuing with the amazing success Ross Law has had and are thankful to be rated as a SuperLawyer!

Please remember the results may vary for each client. Each case is different. If you or someone you know needs to speak with a Personal Injury Lawyer, Wrongful Death Lawyer, Crime Victim Lawyer, or Consumer Lawyer, please call 503.224.1658 to speak with Ross Law. This post may be considered Attorney Advertising.

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.

6 Fatal Traffic Crashes In 4 Days in Portland! WTH Portland Drivers?

SIX fatal traffic crashes have occurred in the past FOUR DAYS in Portland Oregon! As an Oregon wrongful death and personal injury lawyer this is extraordinarily alarming. Each and every one of these heartbreaking deaths were likely preventable if people used common sense and simply followed the law while they were driving. Portland Police Bureau Chief Outlaw is warning, “Drivers [to] slow down, don’t drive impaired/distracted. Bikes and peds use caution-don’t assume drivers see you.”

Chief Outlaw also warned that the PPB is going to stepping up traffic enforcement. Portland drivers take note that you may be ticketed for what you perceive as a minor traffic violation (driving 10 miles over the speed limit, rolling through a stop sign, failing to stop while a pedestrian is waiting at a cross walk.) Hopefully increased enforcement will work to change Portland driving behavior.

Law enforcement are not the only folks out there trying to change Portland’s driver’s behavior. Here at Ross Law, we believe that it is our duty to use the civil justice system make our community a safer place by holding wrongdoers accountable and hopefully deterring people from driving negligently, carelessly, or recklessly. We do this by filing lawsuits against the bad drivers that injure our clients. This will hopefully force the bad driver, their family, and their friends to change their driving behavior. We know that it is not easy to be sued and explain your actions that injured or killed someone. We use the civil justice process to attempt to force bad drivers that injure our clients to own up to what they did, and be held responsible by having to explain their actions, and admit they were at fault. Additionally, their insurer will have to pay to compensate the person they injured. We wholeheartedly agree with Chief Outlaw that drivers need to slow down, don’t drive impaired or distracted, and cyclist and pedestrians should be cautious on the roads.

If you or someone you know have been injured or killed in a Oregon motor vehicle crash, call Jeremiah Ross at 503.224.1658. Call Ross Law for your free personal injury case evaluation. We proudly represent people injured in car crashes, bicycle crashes, and pedestrians that were struck by a vehicle.

Oregon Women Pay More For Car Insurance Than Oregon Men! Here is Why...

As an Oregon Personal Injury Lawyer and Consumer Lawyer, I am regularly asked by people if making a claim to their auto insurance will cause their insurance rates to go up. This is not an easy question to answer, because Insurance Companies are for profit businesses. As a result, Insurers are going to do what they feel is necessary in order to make a profit unless regulators or attorneys’ stop them. For example, GEICO was ordered to pay $23,000,000.00 to one of their insureds for GEICO failing to pay benefits, and denying payments on a whim. State Farm agreed to pay its customers $250,000,000 (That is not a typo) in order to avoid a racketeering trial in which customers claimed that State Farm was rigging an election for a Judge that had made favorable rulings for State Farm. USAA agreed to pay $39,000,000.00 to settle a lawsuit filed by its insureds (Veterans, Active Duty Military, and their families). These cases are evidence that some Insurance Companies are willing to skirt the law and disregard the moral high-ground in an effort to make a profit. Another example of insurers putting profit over people is how insurance companies are charging Oregon women more than Oregon men for auto insurance.

A recent study by an insurance search engine, The Zebra, found that Oregon women’ paid roughly $70.00 more for auto insurance last year than men did. A recent Pew Research study also came to the same conclusions on a national level. The studies found certain states prohibit gender based pricing, but Oregon is not one of them. What this means is that Insurers are at liberty to charge women more for insurance than men, and they do not have to have any justification for doing so.

The statistics support the fact that Oregon insurance companies are charging dramatically different rates for women than men. In 2016, insurers charged Oregon women $13.00 more for auto insurance than men. However, in 2018 that number inexplicably jumped to women paying $71.00 more for auto insurance than men. Does that mean that women are more dangerous on the road than men if insurers are charging them more? The answer is no.

The data does not support the Insurance Industry’s decisions to charge women more for car insurance in 25 States. The Zebra study affirmed that women and men equally engage in distracted driving, so that could not be a basis to charge women more. Additionally, fatality statistics do not support the insurance industry’s decision to overcharge Oregon women for car insurance. For example, men are the drivers in the vast majority of fatal Driving Under the Influence (DUII) crashes. Men also cause more speed related wrongful deaths on the road. The statistics show that men are riskier to insure than women.

View fullsize

Additionally, different companies charge different rates to similarly situated women throughout the country. For example, State Farm charged middle aged women the same as men. However, GEICO charged middle aged women 16% more than men. This is an important statistic. If insurance companies rates reflect the risk of a particular demographic of drivers then there would not be such a large disparity between the rates particular insurance companies are charging.

Then why are insurance companies charging women the so called “pink tax” to insure their vehicles? Why have the number of states where women pay more than men doubled in the past two years? The answer is simple, profits. The insurance industry is operating in a relaxed regulatory environment that permits them to take actions that will make their companies more profitable, even if that means imposing the “pink tax” on women.

For example, the insurance industry knows that Oregon does not have a bad faith claim, and Insurance Companies are specifically exempted from Oregon’s Unlawful Trade Practices Act (UTPA). The UTPA is a law that provides consumers a remedy if consumers are ripped off by a business. However, the insurance industry lobbied the legislature to be exempted from that law. As a result the insurance industry knows they are likely immune from any real consequences of arbitrarily charging women more for insurance than men.

Despite the insurance industry’s protections, here at Ross Law we will sue insurance companies if a person has been wronged by an insurer and there is a recognized legal remedy for that person. For example we regularly sue insurance companies on behalf of people whose automobile insurers deny paying personal injury protection benefits. We also sue insurance companies to collect uninsured and under-insured motorist benefits. Ross Law has also sued insurance companies for denying insurance coverage for a car crash.

If you or someone you know has an issue with an auto insurance company please call Jeremiah Ross at 503.224.1658 for your free case evaluation. Ross Law PDX is happy to represent Oregonians in many types insurance disputes.

Please note that Ross Law PDX is not affiliated with The Zebra or the Pew Research Center. Please refer to the links in the article for the most accurate information. Please note that this blog may be considered attorney advertising and expresses the opinions of this law office. Please remember that the law is constantly changing and insurance issues are usually very complicated. Please consult with an Oregon attorney if you have a dispute with an Oregon insurer. Do not simply rely on this blog post.

The Snow Is Coming! Things To Know if You Are In a Car Crash In the Snow.

Virtually the entire of State of Oregon is under a winter storm warning at this time. Forecasters are doing their best to predict how much snow is going to be on the ground when we all wake up tomorrow. It is no secret that the folks in the Willamette Valley, Portland, and the Metro Area struggle with driving in the snow. Portland and the Metro area grinds to a halt usually when there is a threat of snow. People abandon their vehicles, cars slide off the road, cars also slide into each other and into pedestrians. This can result in serious and catastrophic injuries to people involved in these crashes. Oregonlive has posted some great driving tips for people that will venture out in the snow. However, what do you do if you are involved in a crash in the snow?

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. Photos of the scene are important in snow and ice crashes, because many times the parties will dispute what caused the crash. Also, have witnesses text or email you their contact information from their phones. This way you can locate them later if needed. If it is safe enough to move the car to the side of the road do it AFTER you take a couple of photos of the crash scene. Moving the vehicle permits traffic to flow through and will permit an ambulance, police officer, or other emergency responders to get to the crash if someone is injured.

If You or Someone Is Injured in the Crash and Needs Immediate Medical Attention: Call 911 if there is an injury and relay what the injuries are.

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. The sooner the better. From a medical standpoint, you may be harming yourself if you wait to seek treatment. From a legal standpoint, insurance companies will likely give your claim less value if there is a “gap in treatment.” Insurance companies will not accept the justification that the snow prevented you from seeking treatment. This means you will likely have to fight harder to obtain maximum compensation for your losses and pain and suffering.

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.

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.

Pro Tip: Call A Personal Injury Lawyer at 503.224.1658: Calling Ross Law PDX won't cost you anything to chat, and you can learn about what you need to do next.

Please be safe out there. Please remember that as an Oregon Personal Injury lawyer, Jeremiah Ross may be able to help you obtain maximum compensation for your personal injuries caused in the snow. 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 AND IS NOT CONSIDERED LEGAL ADVICE. REMEMBER ALL SITUATIONS ARE DIFFERENT, and this post is merely a guide.