THE BASICS OF PERSONAL INJURY PROTECTION BENEFITS….

Many people that are in car crashes and accidents are reluctant to see a Doctor because they think they cannot afford it. Oregon is unique in that it requires all automobile insurance clauses to have a no fault insurance provision. In Oregon this is called Personal Injury Protection benefits. Most people refer to Personal Injury Protection benefits as PIP. 

What Are PIP Benefits?

Generally speaking, PIP benefits will pay accident related medical expenses, lost wages, and funeral expenses. ORS 742.524

How Much of My Medical Bills Will PIP Pay?

Generally speaking, PIP will pay up to $15,000.00 of reasonable and necessary medical, dental, surgical, and ambulance bills that were in incurred within two years after the accident. ORS 742.524 What this means is that PIP should pay your crash related emergency room bills, chiropractor bills, and other medical bills until you reach the limit of $15,000.00 or you are treating over a year after the crash.  Medical care is very expensive and people are often surprised at how fast $15,000.00 is spent.  You should be aware insurance companies don’t like to pay these bills and there is a process they they can go through to attempt to cut off your medical benefits early.  

How Much of My Lost Wages Will PIP Pay?

Generally speaking, if you are employed and the crash causes you to be out of work for at least 14 days, then PIP will pay 70% of your lost income from work until you can go back to work.  ORS 742.524.  Typically the maximum  lost wages PIP will pay is $3,000.00 per month.   Generally PIP will continue to pay lost wages for 52 total weeks a person is out of work due to  the crash. 

Will PIP Pay Funeral Expenses?

Generally speaking PIP will pay funeral expenses within one year after the date of the crash. ORS 742.524.  The maximum PIP will pay for funeral expenses is typically $5,000.00.  If the unthinkable happens and you are forced to bury a loved one that was killed in a car crash, hit by a car, or injured in a car you should keep these benefits in mind.  

Do All Oregon Insurance Policies have PIP?

Individual policies can vary, but Oregon requires all Oregon “Private Passenger Motor Vehicle” insurance policies to include Personal Injury Protection benefits. ORS 742.520 (1)  

If  you are injured in a car crash in Oregon you should seek medical treatment and use PIP to help  you get through these tough times.  If you have questions about PIP speak with Portland Oregon car accident lawyer Jeremiah Ross at Ross Law LLC. Jeremiah Ross can be reached at 503.224.1658.  He is happy to discuss PIP issues and other insurance issues. Ross Law offers free personal injury consultations.  

Please remember this post is for information only.  The law is always changing, so consult with a lawyer and review the current law.  You should not rely on this post for legal advice.  Please review your insurance policy to determine what benefits you are entitled to.  Insurance policies can vary. 

Also, this post does not create an Attorney Client relationship with yourself and an Attorney at Ross Law LLC.  If  you have any questions about this post or any other post contract Portland Oregon Car Crash Attorney Jeremiah Ross at 503.224.1658.    

DRIVER OPENS DOOR INTO CYCLIST…. WHO IS AT FAULT?

One common area where the rights of Oregon cyclist literally collide with drivers is when a cyclist is “doored” by a driver or passenger of a vehicle that is exiting the vehicle.

“Doored” is a term used to refer to an incident where a cyclist is riding and a person suddenly opens the door of a vehicle directly into the cyclist’s path.  The door instantly is in the cyclist’s path and usually the cyclist is deprived of any ability to slow down, stop, or react.  As a result, the cyclist crashes into the car door. Usually the cyclist is injured, the bicycle’s front wheel and forks are damaged, and the car door is damaged.  The severity of the injury and the damage to the bicycle can vary.

Usually, the driver, or their insurance company, will blame the driver for failing to stop in time.   As a result, many insurance companies give cyclist that have been “doored” low ball offers or deny their claim all together.  However, Oregon law is usually on the cyclist’s side.

ORS 811.490 (1) (a) mandates a person in Oregon cannot open a vehicle door “until it is reasonably safe to do so and it can be done without interference with the movement of traffic, or with pedestrians and bicycles on sidewalks or shoulders.”  This imposes a duty on the driver to ensure opening the door will not interfere with the movement of traffic, so usually the driver is at fault when a cyclist has been “doored.”

If you are a cyclist or know a person that has been doored on a bicycle and want to discuss your legal remedies, contact Portland Oregon attorney Jeremiah Ross at 503.224.1658.  Jeremiah Ross at Ross Law LLC is happy to provide a free personal injury consultation.  Ross Law LLC also represents many Oregonians in small cases that are valued under $10,000.00, so don’t think your case is too small for an Oregon Attorney to represent you. (see Ross Law LLC Blog”s previous post on ORS 20.080.) 

Please remember this post does not create an Attorney client relationship.  Also, this post does not constitute legal advice and is for informational purposes only.  Your situation is unique and you should consult with an Oregon Personal Injury Attorney (call503.224.1658) to determine your rights and remedies under Oregon Law.   

CRASH CAUSED BY DRIVING THE SPEED LIMIT ON ICY ROADS…..

Winter is here and  so are the freezing temperatures.  Even when there has not been any recent rain roads can become slippery.  Frost and Frozen Fog can accumulate on the roads in clear conditions causing the road to become very slippery.  Many bridges are susceptible to freezing and recently the upper deck of the Fremont Bridge was closed due to the frost and ice that had accumulated on it. 

Everyone is aware that icy roads contribute to crashes, yet here in Oregon we often see cars failing to slow down in these icy conditions.  People often disregard the basic speed law which mandates drivers take into account the weather conditions and “any other conditions then existing.” ORS 811.100   As a result, in icy conditions, a person can be found  at fault in a car accident even if they are driving the speed limit. 

These car crashes can often result in serious injuries or death because many of the crashes occur on Oregon’s highways and freeways at high speeds.  However, many rear end crashes that cause soft tissue and whiplash type injuries can also be caused by icy conditions.  

If you have been injured in a car accident please an Oregon Personal Injury Attorney.  Jeremiah Ross and Ross Law LLC would be happy to discuss your Oregon personal injury case with you.  Call Ross Law LLC today for your free personal injury consultation.  Please remember that this post does not constitute legal advice as laws and rules are constantly changing.  Please consult with an Oregon Personal Injury Attorney as the specifics of  your case may vary from this post. 

HALLOWEEN IS A SCARY TIME TO BE A PEDESTRIAN….

As I was riding my bike to work this morning, I saw a little girl dart across the street to examine the Ghost made from a sheet hanging from a large oak tree.  It was a quick reminder of how dangerous Halloween can be.  Halloween is an extraordinarily dangerous time: DUII Drivers are all over the road, mischievous teenage drivers are on the roads, and drivers are distracted by the folks walking around in costume.  Mobs of Children are everywhere and are not paying attention to their  surroundings. The totality of these circumstances combine make for a very dangerous situation.  Many people are aware of the obvious dangers of Halloween, but there are some hidden dangers that parents should be aware of.

Visibility:  It is common sense that a child dressed as a Ninja or in Camouflage will be difficult to see.  However, every year I see a child dressed in all black without any reflective strips or lights to increase their visibility.  This creates the obvious risk of a car injuring your child.  It is best to ensure your child is visible by giving them something that glows or lights up to help motorist see them.  At a minimum put reflective tape around their ankles and wrist where it is visible to others.  Additionally, it is well known that the child should be able to see out of the mask they are wearing, but mask wearing parents need to also remember this.  Limiting your visibility can hinder your ability to keep an eye on your little ones as they run from house to house. 

Tripping:  Kids and parents often find themselves standing on unfamiliar porches littered with small pumpkins and other Halloween decorations.  It is important that you pay attention to these tripping hazards, so you and your child can avoid being injured by a fall caused by tripping over these objects.  Also, sidewalks covered with leaves can cause a person to fall and be injured.  Slow down and watch your step when walking on dark leaf covered sidewalks, and let your kids know they should slow down and watch their step. 

The Street:  The Street is an obvious danger to most, but many people live on quiet streets that do not have a lot of traffic.  Children become complacent and often play in the street or run across the street without being cognizant of the dangers involved. A recent tragic example illustrates the dangers of playing near the street. Two children  were seriously injured and killed after being struck by a car as they were playing in leaves piled up in the street adjacent to the sidewalk in front of their house.  The Driver for some reason veered into the leaves, ran over the children, and fled the scene.  These unthinkable tragedies happen and the only way to prevent them is to do your best to keep the kids out of the street and ensure they are aware that they absolutely cannot be in the street on Halloween night. 

Stay Close to Your Little Ones:  My son is too young to understand the dangers posed by cars, so it is up to me to look out for his safety.  Parents are always doing their best to look out for their children, but sometimes they may let their little ones get too far from them to react to a dangerous situation.  This is very true when people are in their own neighborhood, because people often become complacent in their neighborhood. On Halloween, it is always a good idea to keep your little ones extremely close and walk all the way to the door with them.  Keep your body between them and the street, so if they do dart out into the street you are in a position to prevent them from going into the street. 

Halloween should be a fun time for all, and you should not have to spend the night in the hospital worrying about your little one’s injuries and the tens of thousands of dollars in medical bills. Being aware of the dangers can help you prevent yourself and your little ones from being injured by the negligence of another.  I wish you all a safe and Happy Halloween!

If you  believe you were injured by the negligence of another call Ross Law LLC and Jeremiah Ross at 503.224.1658 for your freepersonal injury consultation.  Please remember this post is for informational purposes only and does not constitute legal advice.  Also, please remember that this post does not create an Attorney client relationship.  

WHO IS RESPONSIBLE FOR DANGEROUS SIDEWALKS & SLIPPERY LEAVES. LOOK TO THE CITY CODE…

This year Oregon has been blessed with amazing fall weather and spectacular fall colors.  The leaves changing colors is an annual event that many Oregonians look forward to.  However ,once the leaves fall they need to be removed or they can  pose a danger to pedestrians and cyclist alike.  

Leaves can be slippery and can create a slippery surface causing people to fall. Additionally, leaves can conceal hidden dangers below.  It is common for a person to step in a hole, or trip over an uneven sidewalk due to the fact the leaves concealed the dangerous sidewalk below.  Cyclist can become very vulnerable, because they cannot see these hazards and may be traveling at a greater speed than a pedestrian.

Some Oregon cities have a requirement that property owners care for the sidewalk adjacent to the property.  This means that property owners have a duty to maintain the sidewalk in a safe condition. (For example read Chapter 17.28.020 of the Portland City Code.)  If a person falls and is injured as a result of an unsafe sidewalk the property owner who owns the property next to the sidewalk may be responsible. Also, that property ‘s home owner’s insurance should be responsible to compensate the injured party. 

Additionally some Oregon Cities require home owners and persons living in a property to remove leaves from the sidewalk adjacent to their property.  In Portland, Section 17.52.020 of the City Code imposes a duty on property owners and tenants to keep the sidewalk clear of leaves, branches, flowers and fruit.   Therefore the owner of the premises can be liable in a negligence claim if a party is injured as a result of tripping or slipping on leaves, branches, flowers or fruit that should have been removed.

If you or someone you know has been injured as a result of slipping or tripping on a sidewalk in Oregon please contact Jeremiah Ross and Ross Law LLC at 503.224.1658 for your free personal injury consultation. Also, please do not rely solely on this post, as it is meant for informational purposes only and is not to be considered legal advice.   The law is constantly changing and it is best to consult with an Attorney rather than relying on this post. Lastly, please remember that this post does not create an Attorney Client relationship.