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.

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.

5 Things Inured Cyclists Should Know About PIP and Getting Medical Bills Paid

Ross Law often fields calls from cyclists that were injured by a negligent driver (aka the “bad driver.) Many times the injured bike rider is struggling to figure out the insurance issues and how they can, 1) recover for their lost wages, and 2) get their medical bills paid. Whether or not a person can recover for lost wages (Wage Benefits) or get their medical bills (Medical Benefits) paid largely depends on whether or not they have PIP (Personal Injury Protection) insurance available to them. If you have questions about what PIP insurance is or how much you can receive in PIP, please CLICK HERE to Ross Law’s previous article on Oregon PIP benefits. The big thing to remember about PIP is that it is “no-fault” so it applies regardless of who is at fault.

The following should hopefully assist injured Oregon cyclists to navigate the insurance issues if they were injured in a crash with a bad driver.:

1) Does an Injured Cyclist Have PIP Insurance Coverage? Maybe. Insurance policies issued in Oregon are legally required to provide personal injury protection (PIP) coverage in certain scenarios. Generally, PIP will provide coverage for a cyclist that is injured in a crash with a bad driver. However, it is not that simple. It also becomes a matter of priority of insurance policies. That will be discussed below.

2) If a cyclist was injured in a crash with a bad driver, does the injured cyclist’s PIP Pay for lost wages and medical bills? Probably. Under Oregon law the injured cyclist’s own PIP insurance from the cyclists’s auto policy will pay first. If the injured cyclist does not have their own Oregon Auto Insurance Policy then the injured cyclist’s health insurance should typically pay. Lastly, if the injured cyclist does not have an Oregon Auto Insurance Policy or health insurance then PIP coverage can be obtained through the bad driver’s Oregon Auto Insurance Policy.

3) Can an injured cyclist get PIP benefits if they do not have their own Oregon Auto Insurance Policy? Maybe. It is very common for an injured cyclist to not have their own auto insurance policy. As a result, they may think that they do not have access to PIP benefits. An injured cyclist may be able to get PIP insurance coverage through a resident relative or through a ride-sharing program. If the injured cyclist has no PIP coverage of their own, then the injured cyclist can have access to the bad driver’s PIP to pay medical bills if 1) the injured cyclist does not have any health insurance coverage or 2) the injured cyclist’s health insurer does not pay the full amount of the medical bills (think co-pay expenses or out of network expenses). The bad driver’s PIP may also be responsible for paying PIP wage loss benefits if the injured cyclist cannot obtain PIP coverage of their own.

4) Why Would The Bad Driver’s Insurance Company Refuse to Pay PIP Medical Benefits to an Injured Cyclist? Usually, when the bad driver’s insurer is refusing to provide PIP coverage to an injured cyclist it is because the bad driver’s insurer is not convinced that: 1) the injured cyclist does not have PIP coverage under an Oregon Automobile Insurance Policy, or 2) the injured cyclist does not have health insurance. The bad driver’s insurer will often send out a document titled “Declaration of No Coverage” or something similar for the injured cyclist to sign. If you receive one of these documents you should immediately call a Personal Injury Lawyer to discuss it. Additionally, the bad driver’s insurer may claim that they are only paying reasonable and necessary medical expenses. They may deny payment of a bill because they claim it was not reasonable or necessary. Should that occur, please contact a Personal Injury Lawyer to discuss it.

5) How Does PIP Work if Your Health Insurance Is Paying Some Medical Expenses But Not All? Remember that if the injured cyclist does not have their own PIP insurance but they have health insurance then the health insurance becomes primary coverage over the bad driver’s PIP. As a result, the bad driver’s PIP will only pay medical expenses that are not paid by your insurance company. This can be frustrating as a practical matter because people often have to pay co-pays at the time they seek treatment. If this occurs, then the bad driver’s PIP insurer should reimburse the injured cyclist for the paid co-pay once the bad driver’s PIP insurer receives proof that it was paid. The bad driver’s PIP will usually send a check directly to the injured cyclist a couple of weeks it receives proof of payment (aka proof of loss.)

If you or someone you know were a cyclist injured in a crash with a bad driver, please call Oregon Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Jeremiah Ross has represented injured cyclists for years and is happy to provide a free case evaluation. Jeremiah Ross has also successfully sued numerous insurance companies for failing to provide Personal Injury Protection benefits to injured Oregonians. Pleae remember the law is constantly changing and this blog article is for information only. Please contact a personal injury lawyer if you have questions, comments, or concerns. Do not rely solely on this post.

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.

Portland's 10 Most Dangerous Intersections

Portland is known for its pedestrian and bike-friendly streets.  However, things are much different on the East side of town past 82nd Ave.   As a personal injury lawyer, I have represented people that have been injured at various Portland intersections.  A couple of years ago I represented a pedestrian that was struck by a vehicle crossing the street at SE 82nd Ave and Division St.  Thankfully my client was not injured too badly, relatively speaking. However, after some investigation, we determined there was an unusual number of "near misses" with pedestrians crossing the street in the late afternoon.  Recently, Oregonlive published its list of "Portland's 10 Most Dangerous Intersections" and noted all of them are East of 82nd Ave.  I was not surprised to learn that the intersection at 82nd and Division made the list. 

Here is the rundown from the Oregonian: 

No. 10: Southeast 148th Ave. and Stark St.

No. 9: Southeast 92nd Ave. and Holgate Blvd.

No. 8: Southeast 136th Ave. and Powell Blvd.

No. 7: Southeast 122nd Ave. and Powell Blvd.

No. 6: Northeast 122nd Ave. and Glisan St.

No. 5: Southeast 82nd Ave. and Division St.

No. 4: Southeast 174th Ave. and Powell Blvd.

No. 3: Southeast 122nd Ave. and Division St.

No. 2: Southeast 82nd Ave. and Powell Blvd.

No. 1: Southeast 122nd Ave. and Stark St.

Please slow down, remain vigilant, and be extra cautious around these intersections.  Another person does not need to be injured due to the negligence of a driver.  If you or someone you know has been injured at a Portland Oregon intersection call Portland Oregon personal injury lawyer Jeremiah Ross for your free case evaluation.  Please remember Ross Law PDX represents pedestrians and cyclist throughout the state that have been injured by the negligence of others.  We are here to help. Call 503.224.1658.  Please note Oregonlive has done its own independent research, and Ross Law has not verified any of the information noted in this blog.   This blog article could be considered personal injury Attorney Advertising.  

PUT THE PHONE DOWN! Penalties for Using Your Phone and Driving Are Increasing

I have written a few articles on the dangers of texting and driving.   Last year bills were passed in Oregon that were intended to curb the distracted driving epidemic.   The new law closed a loophole regarding texting and driving so that it prevents people from driving with a mobile device in their hands.  More importantly, the Oregon law raised the penalties for people that can't resist the urge to use their mobile device while driving a vehicle. 

The new law takes effect on July 1, 2018, and will subject some violators to a fine of up to $2,500.00 and six months in jail.  More specifically if a habitual distracted driver is convicted of three offenses in ten years they will face a fine of $2,500.00  and six months in jail. First-time offenders are looking at a minimum of a $130.00 fine.   (Click here to read more on distracted driving penalties.)

It is a no-brainer that it is unsafe to use a mobile device and drive, but people still do not get it.  People know that distracting driving kills people.  People know they can be fined.  People also know that personal injury lawyers like myself will use the civil justice system to hold distracted drivers accountable.  However, drivers continue to use their mobile devices while driving.  Hopefully, this new law will help pound it into people's heads that distracted driving will not be tolerated.  It is simply too dangerous. 

If you, or someone you know, has been involved in a car crash with a person that was using their phone while driving, call Portland personal injury lawyer Jeremiah Ross.  Ross Law PDX offers free case evaluations to persons injured in car crashes on Oregon's roads.   Please do not use this post as legal advice, as the law is constantly changing. Please consult with a lawyer if you are involved in an incident involving distracted driving.  Please remember this blog may be considered ATTORNEY ADVERTISING.

Please Drive Safe! 17 People Have Died in Portland Traffic Crashes So Far

This year has been a deadly year on Portland's roads.   According to Oregonlive, as of May, 17 2018 people have died in traffic-related crashes in Portland alone.   Pedestrians are the most vulnerable road users, so far 9 pedestrians have been killed in traffic-related incidents so far.   Motorcyclists are also susceptible to injury or death due to the fact they have minimal protection in a crash.  4 Motorcyclists have been killed in traffic crashes so far.   Three people that were in motorized vehicles have also died in traffic crashes so far.  One cyclist has been killed by a vehicle this year.

These tragic deaths highlight the need for Portland's drivers to remain attentive.  Drivers need to get off of the phone, stay alert, look for pedestrians and cyclists, and slow down.  We all know we need to do this, but the consequences of a driver's "mistake" are tragic. 

If you or someone you know was injured by another driver's negligence call Ross Law LLC.  Portland Personal Injury Attorney Jeremiah Ross represents cyclists, pedestrians, motorcyclists and drivers who have been injured in Oregon traffic crashes.  Call Jeremiah Ross at 503.224.1658 for your free case evaluation.   

PUT THE PHONE DOWN! NATIONAL DISTRACTED DRIVING AWARENESS MONTH

It is a no-brainer that people need to put their cell phones down while driving.  However, despite the legal consequences of driving with a mobile device in your hand while driving, people continue to do so.   People also apparently have no issues with the fact that they are putting other drivers, cyclist, and pedestrians in danger if they are texting or using their mobile device while driving. This may explain why the number of traffic injuries and fatalities are on the rise.  In an effort to bring MORE awareness to this issue various agencies have declared April "National Distracted Driving Awareness Month."  Hence, this blog post.

Put the Phone Down and focus on Driving. As a personal injury lawyer, I have to represent too many people injured in an Oregon crash caused by a distracted driver.  There is no excuse for messing with the phone while you are driving.  It puts other lives in danger, and technology has made it absolutely unnecessary.  That is why I have no qualms about seeking punitive damages from a cell phone using defendant that has injured one of my clients. 

If you or someone you know has been injured in a car crash then call Ross Law PDX and Jeremiah Ross.  Oregon Personal Injury Lawyer Jeremiah Ross will provide a free case evaluation.  Call Ross Law PDX at 503.224.1658 to discuss your crash injury case, cyclist injury case, pedestrian injury case, or wrongful death case.  Please remember that this post is for information purposes only.  It is not to be considered legal advice.