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.

The Difference Between Civil and Criminal Sex Abuse Cases in Oregon

Sexual abuse cases are sensitive and complex legal matters that often involve both civil claims and criminal charges. In the state of Oregon, as in many jurisdictions, it's crucial to distinguish between the two legal processes to comprehend the nuances and implications for the parties involved. For many sexual assault survivors, these nuances are often misunderstood. Many times the sexual abuse victim may think the District Attorney or Victim Witness is “their lawyer” and is acting to ensure their civil claim is protected. That is not the case. Every sexual assault victim should understand the following if they desire to pursue a civil claim against the wrongdoers:

1. Purpose and Parties Involved:

   • Civil Claim: Civil claims in Oregon for sex abuse typically involve a victim seeking financial compensation from the alleged perpetrator. The purpose is to try and make up for the harm caused to the victim through financial compensation. Civil claims not only involve the actual perpetrator but can also involve a person or entity that foreseeably caused the sexual assault to happen. There are countless situations where a corporation or the government may be responsible for a sexual assault. Some examples are: 1) Oregon DHS houses a child with a foster parent who did not perform a background check and the foster parent sexually abuses the child. 2) School Administrators ignore complaints a teacher is acting inappropriately around children, and the teacher later abuses a child, 3) A security guard or law enforcement officer sexually assaults a person while on duty,

   • Criminal Charges: Criminal charges, on the other hand, are initiated by the state of Oregon against the alleged offender. The primary goal is to punish the perpetrator for violating criminal laws and to protect society. They are limited to the actual perpetrator.

2. Burden of Proof:

   • Civil Claim: The burden of proof in civil cases is lower than in criminal cases. In a civil claim, the plaintiff must establish the defendant's liability by a preponderance of the evidence, meaning that it is more likely than not that the alleged misconduct occurred. This is much lower than criminal court.

   • Criminal Charges: Criminal charges require a higher burden of proof. The prosecutor must prove the defendant's guilt beyond a reasonable doubt, a significantly more demanding standard to secure a conviction.

3. Legal Consequences:

   • Civil Claim: If the plaintiff prevails in a civil claim, the court may award monetary damages to compensate the victim for physical, emotional, and financial harm suffered due to the sex abuse. The court can also award punitive damages to punish the wrongdoers for the harm that they caused.

   • Criminal Charges: A conviction in a criminal case can lead to various legal consequences, including imprisonment, fines, probation, and mandatory registration as a sex offender.

4. Initiation of Legal Proceedings:

   • Civil Claim: Civil claims are usually initiated by the victim or their legal representative filing a lawsuit against the alleged perpetrator. The victim is often seeking justice and financial compensation for the harm suffered.

   • Criminal Charges: Criminal charges are initiated by the state or federal government through a prosecutor who represents the public's interest. The victim may or may not be directly involved in the decision to press charges. This is a big distinction because the victim may have a civil lawyer and the District Attorney working on their cases at the same time.

5. Statute of Limitations:

   • Civil Claim: Civil claims for sex abuse in Oregon have a specific statute of limitations that dictates the timeframe within which a lawsuit must be filed. This timeframe can vary based on factors such as the age of the victim and the nature of the abuse.

   • Criminal Charges: The statute of limitations for criminal charges in sex abuse cases may differ, and it is essential to consider the specific details of the alleged offense.

Understanding the difference between civil claims and criminal charges in Oregon sex abuse cases is crucial for all parties involved. While a civil claim focuses on compensating the victim, criminal charges aim to punish the offender and protect society. Navigating these legal processes requires a nuanced understanding of the distinct standards of proof, purposes, and consequences associated with each legal avenue. That is why it is highly recommended that any sexual assault survivor consults with a lawyer with experience in Oregon Sex Abuse Cases such as Jeremiah Ross at Ross Law LLC. Please call 503.224.1658.

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.

Uber Demands Confidentiality Clause to Settle Lawsuits

Uber is in the news again in Oregon as a result of one of its drivers brutally raping a passenger numerous times in Medford, Oregon. Our blog has previously noted the various incidents of sexual abuse of Uber passengers by ride-share drivers. As predicted, the incidents are becoming more prevalent. However, we are often not hearing about all of the incidents because Uber Technologies and Raiser LLC insist on confidentiality clauses and non-disparagement clauses (clauses that prevent a person from speaking freely about Uber, the incident, and/or any settlement) in order to resolve any claim the injured party may have.

It is obvious why Uber would want to sweep its negligence under the rug. The less people know about the number of incidents and types of incidents caused by an Uber Driver, the safer the Uber appears. These confidentiality clauses are a growing trend and Uber (through Allstate Insurance) is even insisting that our client sign a confidentiality clause in a car crash case involving an Uber Driver. From the perspective of the injured party, this is flat out wrong.

If you or someone you know has been injured or assaulted by an Uber driver and have questions about your options, please contact Oregon Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide a free personal injury case evaluation. Please note that this blog articulates the opinions of Ross Law PDX based on our training and experiences as a personal injury law firm.

Victims of Assault Can Fight Back With Civil Lawsuits

It seems like every couple of weeks a new wealthy celebrity is caught assaulting someone. Last month NFL Running back Mark Walton was arrested for getting into a scuffle with a woman in Miami Florida. In January 2019 NFL Linebacker Trevor Bates punched a cop in the face and refused to pay for a $32.00 cab fare. In November 2018, NFL Running back Reuben Foster was arrested for pushing and slapping a woman in Tampa Florida. In July 2018 NFL Defensive Tackle Vernon Butler was cited for pushing a woman and throwing a drink in her face in Dallas Texas. That same month, NFL Tight End Ricky Seals Jones was arrested for pushing a hotel staffer so he could use the bathroom. These assaults and arrest are so prevalent there is actually a website dedicated to tracking NFL arrests.

NFL players are not alone. San Francisco Giants’ CEO Larry Baer recently brazenly assaulted his wife in public while on video. Comedian Katt Williams recently punched a Portland chauffeur for refusing to allow William’s dog to ride in the front seat. These assaults seem to be getting more and more prevalent in our society. Most victims of assault rely solely on the criminal justice system to punish the offenders. However, assault victims can fight back with a Civil Lawsuit.

Civil Lawsuits allow the victim to take the power back and be compensated for the hell the assailant put them through. Civil lawsuits also punish the assailant by forcing the assailant to pay punitive damages. The civil justice system is a very powerful tool to use against wealthy powerful people, such as professional athletes, celebrities, and wealthy individuals. This is due to the fact that most of these assailants have the financial resources to hire people to keep them out of jail and keep their jobs. In a sense they are “above the law” because they do not suffer real consequences for their actions. A small court fine and misdemeanor probation with no jail time is a common sentence for these individuals even if they have a history or pattern of assaults. That is not likely to change their abusive behavior.

On the other hand, if the assailant is forced to pay the victim a substantial amount of money then they will likely learn from their mistake. The assailant will also have to explain why they assaulted the defendant. In Oregon, in most cases defendants in a civil lawsuit can be deposed and can be forced to explain their actions. This can help the victim’s healing process and provide closure.

Here at Ross Law we strongly believe in holding assailants accountable. We have used the legal process to force assailants to pay victims of assault, sexual assault, and domestic violence significant amounts of money. We have also helped victims receive closure by using the civil justice systems to get answers from the assailants regarding why they did what they did.

If you or someone you know is a victim of assault, domestic violence, or sexual assault call Ross Law PDX for your free case evaluation. Call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658 to discuss your case and your options. Please note that every case is different and results may vary. Ross Law PDX cannot represent victims in every case, and there are various factors that may play into whether or not a civil lawsuit can be used to hold a perpetrator accountable. Click (HERE) for more information regarding the differences between a civil court and criminal court.

Domestic Violence Survivors Can Fight Back By Suing the Abuser

Most people think that involving the police and the district attorney’s office are the only way to deal with domestic violence incidents. That is typically the case, but in some instances the civil justice system can assist the domestic violence survivor in obtaining compensation for the physical and emotional abuse caused by the defendant, while also punishing the defendant by obtaining punitive damages. Punitive damages are damages to punish the defendant.

The civil justice process can be an important tool to truly punish an abuser who receives a lenient sentence in criminal court. Unlike a criminal trial, the Jury in a civil trial decides if they are going to punish the offender by awarding the domestic violence survivor punitive damages. The Jury gets to speak for the community in deciding the reprehensibility of the defendant’s conduct and punishing the defendant by awarding the survivor punitive damages. This may result in the Jury punishing the defendant by awarding hundreds of thousands or even millions of dollars. The civil justice system may also hold others accountable for the abuse if they enabled it or permitted it to happen. (Click Here to Read New York Times Article Regarding Wealthy Lake Oswego Abuser and Morgan Stanely’s knowledge of it)

These are very nuanced cases with many obstacles. However, at times they are appropriate and should be brought. If you are a domestic violence survivor and you would like to bring a civil case against your abuser call Ross Law PDX at 503.224.1658. We are happy to provide crime victims and survivors a free case evaluation to discuss their options and the viability of bringing a civil lawsuit to seek compensation and punish the defendant.

PLEASE CALL THE POLICE IF YOU ARE IN DANGER! Please note as a civil law firm Ross Law cannot prosecute domestic violence abusers in criminal court. If you want to “press charges” or “send the abuser to jail” you need to call law enforcement or the District Attorney’s office. If you have questions regarding difference between a civil case and a criminal case, please read here. Please note that results may vary and this post may be considered attorney advertising.

Portland Uber Driver Assaults Female Passenger

As previously noted, I have grave concerns about ride-share drivers not being properly vetted by Uber or Lyft. Over the past few years numerous people throughout the United States have been assaulted or sexually assaulted by a ride-share driver. It was not a matter of if this was going to occur in Portland, but it was a matter of when. Unfortunately, it did happen last week. Last week an Uber driver climbed in the back seat of his vehicle and then began to kiss and thrust his body against the lone female passenger. Thankfully the passenger was able to fight off the driver and push him off of her. This terrifying encounter should not have happened.

This type of encounter can be prevented with proper background investigations, training, and supervision of drivers. However, the ride-share industry pushes back on these requirements. They claim to perform back-ground checks, but the nature and extent of them is not entirely known. As a result, litigation often will arise out of these incidents in an effort to hold the ride-share companies accountable in hopes that they will be forced to use a more robust system to protect riders.

If you or someone you know has been assaulted, sexually assaulted, or raped by a ride-share driver (Uber or Lyft) please call Ross Law PDX at 503.224.1658 for your free case evaluation. Jeremiah Ross proudly represents crime victims and fights to hold all persons and entities accountable, and providing compensation to the victim.

Oregon Court Decision Helps Crime Victims Recover Losses

Many crime victims do not realize they have a right to recover restitution for their out of pocket losses.   Oregon Law allows crime victims to recover "economic damages" that were a result of the criminal's activity.  ORS 137.106(1).  This typically means that crime victims and survivors can recover out of pocket losses that were a result of the criminal's behavior.  Economic damages are typically hospital bills, surgery bills, mental health bills, property damage bills, and past lost wages.  Economic damages are not things like embarrassment,  pain, suffering, and humiliation.

There are different avenues for victims and survivors to recover damages for pain, suffering, humiliation, embarrassment, etc.  However these types of damages are not part of criminal restitution, and most victims and survivors will have to use the civil court to obtain full compensation for their harms and losses.  

However, the term "economic damages" is often disputed by defendants that do not want to pay victims for all of the harms and losses they cause.   Recently Oregon's Supreme Court clarified victim restitution issues with their ruling of State v. Ramos.  The Court noted that a defendant is responsible for all economic damages that are a result of the criminal activity.    The court addressed whether or not 1) that damages are limited to harms that result from reasonably foreseeable risks and 2) whether or not attorney fees and litigation costs are generally not recoverable as restitution unless authorized by statute or contract.  

The Ramos Court concluded,   "reasonable foreseeability is a limiting concept that applies to an award of economic damages under ORS 137.106."  What this means in layman's terms is that the economic damages must "result from" a defendant's criminal activity in the "but for" sense and must be a reasonably foreseeable result of the defendant's criminal activities.  The court also determined that in some cases that a victim or survivor's attorney fees and litigation costs may be recovered as part of criminal restitution.   This case is a good tool for prosecutors to assist victims and survivors obtaining restitution. 

If you or someone you know have are a crime victim and have medical bills, mental health bills, property bills, or have suffered harms, losses, embarrassment, humiliation, pain, or suffering as a result of another's conduct, please call Jeremiah Ross at 503.224.1658.  Please remember the law is constantly changing.  Call a lawyer or ROSS LAW instead of relying solely on this post or the law cited in this post.