FEDERAL COURT RULES JOB CORPS CONTRACTOR NOT A INSTRUMENTALITY OF US FOR REMOVAL

Earlier this year Ross Law LLC and Portland Oregon Attorney Jeremiah Ross prevailed in a legal battle against a government contractor who claimed it should be  entitled to the same rights and remedies as the United States Government. The case involved a sexual abuse assault of a student who was raped at a Job Corps Center.

The link below is to the Magistrate’ s Opinion.

Order to Remand and For Attorney Fees

If you have any questions related to litigating against a Job Corps center, or are a crime victim at a Job Corps center please call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658.

HOW AUTO INSURANCE COMPANIES DETERMINE WHAT YOU PAY

A recent Consumer Reports article highlights the need for Insurers to become more transparent as to how they arrive at insurance quotes. 

According to the article, insurance companies judge you based on your socio-economic factors more than your driving  habits.    Insurance companies are very secretive on how they arrive at insurance quotes.  Their quotes come from very complex formulas.  This results in a large price disparity between companies for the same coverage.

The article then rates how the big five insurance companies stack up for male and female drivers.

The results are as follows:

Allstate charges an average of $1570.00 for coverage.

Progressive charges an average of $1,414.00 for the same coverage.

GEICO charges an average of $1,177.00 for the same coverage.

State Farm charges an average of $1,147 for the same insurance coverage.

USAA charges the least amount, $817, for the same  insurance coverage.

There is no logic or rational for the large disparity in quotes for the same coverage.   Consumers should demand transparency in Insurance pricing formulas, so they can make educated decisions when choosing an Auto Insurer.

If you have questions about insurance coverage issues or you were injured and have a dispute with an insurance company, call Jeremiah Ross at 503.224.1658.  As a Portland Oregon Personal Injury Attorney and Consumer Attorney, he can assist you in your battle against the Insurance Companies.

Please remember this post is for informational purposes only .  It does  not constitute legal advice or create an Attorney Client relationship.

JURY AWARDS ROSS LAW LLC’S CLIENT OVER $157,000.00

Jeremiah Ross represented an elderly woman that was hit by a metal door as she attempted to enter the door.  The door hit the elderly woman and caused her to fall. The fall caused a fractured right femur. 

During the three day trial, the defense denied the door was dangerous, and argued that it was compliant with building codes.  The defense brought an expert to “educate” the Jury on this issue.

Jeremiah Ross argued that the code was the minimum standard and used an expert to show the dangerous layout of the door, and how easy it would have been to minimize the dangers.

The Jury sided with Ross Law LLC and awarded the elderly client over $157,000.00.

WHAT TO DO WHEN A DRUNK DRIVER HITS YOU

Everyone knows Drinking and Driving (DUI) is illegal in Oregon. However, people need to understand that the fear of getting arrested should not be the only concern when a DUII driver gets behind the wheel.  Statistics for the State of Oregon note hundreds of injuries and fatalities that result from DUI crashes each year.  Alcohol, controlled substances, marijuana, and prescription drugs are all contributing factors to these crashes.   Below is a terrifying video of a DUII driver that is lucky to be alive.

As a result, the law allows injured people in certain circumstances to collect additional compensation from the DUI driver that injured them.  An injured party can obtain punitive damages from a DUII driver.  An injured party may also be able to collect money from a bar that over-served the DUII driver.

The question then becomes what should you do if you are hit by a DUII driver.  The following list should assist you in obtaining compensation when you are involved in a crash with a suspected DUII Driver:

1. Report the Crash to the Police Immediately if you suspect you were injured by a DUII driver.  Many police departments do not respond to minor crashes, but will respond to a crash involving a DUII driver.  It is imperative to call 911 if you suspect you were in a crash with a DUII driver.
2. Gather information from the DUII driver regarding where the DUII driver was consuming alcohol or the controlled substances.  This may give rise to an additional dram shop claim.
3. Gather Witness information and contact information.   If someone saw any part of the crash or spoke with the DUI driver  get the witnesses address, phone number, or email.  Also it may help to take a photo of a witness’s license plate so you can look them up in the future if necessary.
4. Take Photos.  Pictures are worth a thousand words.  Cell phone photos of the crash scene, and maybe an empty beer bottle is powerful evidence to assist in the prosecution of the DUI driver and to assist you in your personal injury case.
5. Contact your Auto Insurance company immediately and inform them you think you were hit by a DUII driver.  Provide them the police officer’s name and report information.
6.  If you, or a loved one, are seriously injured, call a personal injury attorney immediately and cooperate with law enforcement.  Many times the DUI Driver’s minimal insurance policy of $25,000.00 will be expended by a two day hospital stay.   This leaves the injured party with nothing, and only reduces the medical bills they will be forced to pay if they don’t have other insurance sources.   It is important to contact a personal injury attorney so the attorney can investigate all potentially liable parties.  An investigation may reveal additional sources of insurance that will provide the injured person compensation in the future.
7. Cooperate with the District Attorney if you are asked to come to court or send documents to the District Attorney.

The above list is not exhaustive, and your situation will likely vary.  However, these are things to keep in mind if you are hit by a DUII driver in Oregon.  If you are injured by a DUII driver in Oregon call Portland Oregon Personal Injury Attorney Jeremiah Ross for yourfree  personal injury consultation.  Cal 503.224.1658.  This post is not to be considered legal advice, so please call a lawyer.

INJURED BY A DRUNK PERSON COMING FROM A SUPERBOWL PARTY? THE LAW CAN HELP….

The Superbowl is here again.  People are stocking up on junk food, beer, and liquor.  This festive time of year can become disastrous if a person gets struck by a DUII driver.   This is why people hosting Superbowl Parties must be careful to not over-serve a person alcohol and allow them to drive home.  In Oregon, homeowner’s can be held responsible for injuries suffered by a person that were caused by a visitor to the homeowner’s party.  This is important in serious injury cases when the bad driver’s insurance policy may only be $25,000.00.  The $25,000.00 can be evaporated by an ER visit, surgery, and a short hospital stay.  The injured person may be stuck with tens of thousands of dollars in unpaid medical expenses that can drive them into bankruptcy.

Oregon has a way to obtain compensation from additional insurance policies. Homeowner’s can be held responsible for serving alcohol to a person that is visibly intoxicated and later injures another in a DUII crash. (ORS 471.565). Oregon courts have determined a person who receives guests in a social l setting, in which the host serves or directs the serving of booze or beer to guests can be held accountable if the overly intoxicated person later injures another in a DUII crash. See Solberg v. Johnson, 306 Or 484, 490 (1988). This type of liability is referred to as “Dram Shop” liability. Dram Shop liability is important because home owner’s and renter’s insurance policies may cover DUII crash injuries and provide tens of thousands, or hundreds of thousands of dollars, in additional insurance coverage. This money can be used to pay medical bills, physical therapy, vocational rehabilitation, and to compensate the injured person or their family for their harms and losses.

It is important to keep in mind if you intend on making a dram shop claim there are time limitations that notice must be given in. Specifically, if it is a wrongful death claim then notice must be given within one year of the date of death, or within a year after the date plaintiff discovered, or should have discovered, the claim, whichever is later. (ORS 471.565) In a personal injury matter, notice must be given within 180 days of the injury, or 180 days after the injured person discovered or reasonably should have discovered, the existence of a dram shop claim which ever is later. (ORS 471.565) However, these notice requirements may not always apply and there are exceptions. Please refer to a current version of ORS 471.565 for notice requirements and time limitations.

Dram shop cases can be complicated and there are other theories an attorney can use to attempt to obtain maximum recovery for a person’s injury or loss. Please contact Portland Personal Injury Attorney, Jeremiah Ross, at 503.224.1658. for a free personal injury consultation. Please remember this post is for informational purposes only and you should rely on the current statute and case law when considering a dram shop claim. Please consult with an attorney if you believe you have a dram shop claim or have been injured by a DUII Driver.

CYCLIST BEWARE OF THE RIGHT HOOK..(CARS TURNING IN FRONT OF YOU)

As an avid bike commuter and cyclist, I encounter or often see dangerous situations involving vehicles and cyclists.  A particular intersection at 2nd Ave and Main St. in Portland, Oregon is a magnet for dangerous incidents. At that intersection, I routinely see cars make a right turn immediately in front of a cyclist who is riding straight in the bike lane. Vehicles often don’t account for cyclist in the bike lane when they are turning right. In downtown Portland, the problem is compounded by the various other distractions and dangers the driver is facing.  Pedestrians crossing the street, cars pulling out of parking spots and garages, buses, Max, and Street Cars all pose an added distraction for a driver.  The cyclist who is lawfully riding in the bike lane is often overlooked when the driver makes the right turn.  See The YOUTUBE video below for an example of the right hook. 

This causes the front of the cyclist bike to usually impact the side of the car.  These crashes are serious and often result in significant injuries to the cyclist and minimal damage to the vehicle.  The cyclist will likely suffer broken bones,  a head injury, soft tissue injuries (strains, sprains, etc.), bruises and swelling (edema), significant road rash.  Shoulder injuries and upper extremity injuries are common as many time the shoulder is the first thing to hit the car or pavement.  Some injuries are fatal because the driver ends up running over the cyclist wit the driver’s rear tire.  These unthinkable tragedies can be avoided if driver’s obey Oregon’s Laws. ORS 811.050  states: A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, electric assisted bicycle, electric personal assistive mobility device, moped, motor assisted scooter or motorized wheelchair upon a bicycle lane.  This requires the vehicle to yield to the cyclist before initiating the right turn across the bike lane. Many drivers insurance companies will deny fault and claim the cyclist was traveling too fast, or not paying attention, or that the law requires the car to make the right turn as close as practicable to the curb. Some insurance companies will seek payment  from the cyclist for the damage to the vehicle. If you were injured or know someone that was hurt in a right hook crash, call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658 for a free personal injury consultation.  Please note this post is for informational purposes only and you should contact an attorney about your case immediately.

GRADUATION IS HERE…HOMEOWNER’S RESPONSIBILITY FOR SERVING ALCOHOL TO A DUII DRIVER

I graduated high school in a rural coastal community.  Every few years a dark cloud would hang over the high school graduation as the names of students that were recently killed in a car crash would be read to the audience.  In my experience ,the loss of a loved one is incomprehensible and the void it leaves in your heart is everlasting.  The stresses of losing a loved one to a DUII driver are often compounded when a DUII driver kills or seriously injures a person and and only has minimal insurance coverage.  Medical bills will quickly chew through a policy and parents may be left with mountains of debt related to medical costs.

However, in Oregon there may be a way to obtain compensation from additional insurance policies.   Homeowner’s can be held responsible for serving alcohol to a person that is visibly intoxicated and later injures another in a DUII crash. (ORS 471.565). Oregon courts have determined that a person who receives guests in a social or commercial setting, in which the host serves or directs the serving of alcohol to guests can be held accountable if the overly intoxicated person later injures another in a  DUII crash.  See Solberg v. Johnson,306 Or 484, 490 (1988).  This type of liability is referred to as “Dram Shop” liability.  Dram Shop liability is important to remember because home owner’s and renter’s insurance policies may cover DUII crash injuries and provide tens of thousands, or hundreds of thousands of dollars, in additional insurance coverage. This money can be used to pay medical bills, physical therapy, vocational rehabilitation, and to compensate the injured person or their family for their harms and losses.

It is important to keep in mind if you intend on making a dram shop claim there are time limitations that notice must be given in.  Specifically, if it is a wrongful death claim then notice must be given within one year of the date of death, or within a year after the date plaintiff discovered, or should have discovered, the claim, whichever is later. (ORS 471.565)  In a personal injury matter, notice must be given within 180 days of the injury, or 180 days after the injured person discovered or reasonably should have discovered, the existence of a dram shop claim which ever is later. (ORS 471.565)  However, these notice requirements may not always apply and there are exceptions.  Please refer to a current version of ORS 471.565 for notice requirements and time limitations.

Dram shop cases can be complicated and there are other theories an attorney can use to attempt to obtain maximum recovery for a person’s injury or loss.  Please contact Portland Personal Injury Attorney, Jeremiah Ross, at 503.224.1658. for a free personal injury consultation.  Please remember this post is for informational purposes only and you should rely on the current statute and case law when considering a dram shop claim.  Please consult with an attorney if you believe you have a dram shop claim or have been injured by a DUII Driver

RUNNING A RED LIGHT CAN KILL, BUT PEOPLE STILL DO IT….

We all know the rules of the road require you to stop when the light is red or about to turn red.   However, many people continue to run red lights.  This split second decision can have deadly consequences, but people still do it.

A recent study found  2.3 million drivers in 18 states ran a red light last year. Additionally, more red lights were ran during memorial day weekend than any other weekend.  The study determined that if the results of the study were applied to the whole country it would result in a person running a red light every 1.2 seconds.  This is a terrifying statistic considering in 2009 676 people were killed and 130,000 people were injured by other drivers running red lights. Cyclist and pedestrians are particularly vulnerable to being injured by  a driver running a red light.  For more information regarding the study click here.

Here in Oregon, the law states a “driver facing a steady circular red signal light alone shall stop at a clearly marked stop line, but if none, before entering the marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, then before entering the intersection.  The driver shall remain stopped until a green light is shown except when the driver is permitted to make a turn under ORS 811.360 (When vehicle turn permitted at Stop Light).” ORS 811.260  Despite this law people continue to run red lights.  Not only do they risk a being convicted of a class B traffic citation, they risk killing or injuring another.  Knowing this, we have to wonder why are people running red lights.  Distractions, trying to save time, and failing to pay attention are common excuses.  Red light runners are aware these are not valid excuses, yet they still do it.

If you or someone you know has been injured by a person running a red light please contact Portland Personal Injury Attorney, Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  Red light cases can be challenging because the insurance company and the driver may take the position that the light was green and force the injured driver to prove the light was red. Many times it is imperative that an injured person speak with an attorney or their claim may be denied.  Please remember this post is for informational purposes only and the law is constantly changing.  This post does not create an Attorney client relationship.