Evolution-Another Way to Prevent Car Crash Injuries and Deaths

Car crashes kill tens of thousands of Americans every year.  Here in Oregon roughly 312 people were killed in Motor Vehicle Crashes in 2015.   According to CBS, Motor Vehicle crashes and other "Accidents"  are the fourth leading cause of death in the united states.  These frightening statistics are why we  spend millions of dollars on trying to make the roads and vehicles safer, but what if there was another way to prevent injuries in car crashes?  It turns out there might be.  We as a species can  evolve to survive car crashes.  

Meet Graham.  Graham has already evolved to survive car crashes.  He looks strange, but he should survive most car crashes. 

Graham is an amazing example of how us humans have evolved to protect our species, but it turns out he isn't real.  Graham was created by the Australian Government to use as a tool to educate people about the dangers of car crashes.  Here are some of his features:

Neck:  The vast majority of my clients suffer some neck injury if they are in a car crash.  In a crash the head keeps on moving while the body stays in place.  This causes the neck to strain and flex in a manner it wasn't  intended to do. This is why most people will have a sore neck for a couple of days after a car crash.   However, some people suffer cracked vertebrae, herniated discs, and it can even break.  A broken spinal column can cause paraplegia or quadriplegia.  Recognizing that the neck was a weak point in the body, Graham evolved to not have a neck anymore. 

Face:  Facial injures can be common.  Their is minimal tissue to absorb impact, so even low impact crashes can result in broken facial bones.   Graham's extra fatty and flat face helps absorb and disperse the energy from an impact.

Skull:  Head injuries are common in car crashes.  Many times the head will suffer trauma from bouncing off of the steering wheel, the side post, or the side window.  This can occur even if the person is seat belted in.   These head injuries can be fatal, as they can damage the brain. Graham has evolved to have a skull shaped like a helmet that will absorb more impact earlier.  He also has "crumple zones" in his head.

Brain:  Brains are tossed around inside your skull in a car crash.  This causes damage to the brain.  Many times this brain damage is irreperable.  Graham has evolved to survive a crash without a Traumatic Brain Injury (TBI)

Ribs:  Ribs are often cracked or strained in a car crash. This is because they absorb much of the energy as the body is pressed against the seat belt in a crash. Broken ribs are very painful, but they can cause serious injuries if they fracture.  Fractured ribs can puncture lungs and other vital organs that can cause serious injury or death.  Graham evolved to have more nipples and fatty tissue around the ribs, so that the chest became an, "airbag instead of armour." 

Graham also has tough thick skin, his knee joints rotate 360 degrees and his feet and ankles are built to survive being hit by a vehicle.  If you want to learn more about Graham and the project go to the link: Meet Graham

If you haven't evolved to survive a car crash and were injured in a car crash, please call Portland Oregon Personal Injury Attorney Jeremiah Ross.  Ross Law LLC is happy to provide you a free personal injury consultation.  Please call 503.224.1658 for your free personal injury consultation. 

Tesla's Dangerous Autopilot Feature-Crashes and Recalls

Earlier this week I had written about the dangers of TESLA'S Autopilot feature.  There are allegations that this feature is responsible for causing car crash injuries and deaths throughout the United States.  Yesterday, Consumer Reports made the bold announcement requesting TESLA to disable the autopilot feature until the glitches are worked out.  This would allow TESLA to make the vehicles safer for people on the road.  

As I had stated earlier this week, Consumer Reports agrees that marketing the feature as "autopilot" will lead to driver complacency.  This is due to the fact that the name implies that the driver is not required to do anything.   The sales and marketing of the autopilot feature directly contradicts any warning TESLA may provide consumers.TESLA is denying liability and claims the autopilot feature is safe.  Tesla claims the statistics support their assertion that the autopilot feature is safe. 

If you or someone you know has been injured by an autopilot feature in a TESLA or any other vehicle, please call Jeremiah Ross at 503.224.1658.   Portland Oregon based Ross Law LLC is happy to provide a free consultation to any personal injury or products liability client.  

Self Driving Cars-Who is Responsible when there is a Crash?

The recent tragic death of a driver of a self driving Tesla has created another area of uncertainty in the litigation realm.  These cases appear unique and there are a handful that are being litigated around the United States.  I am not aware of any Oregon Cases where a vehicle on "auto pilot" caused a serious injury or death.  

RAW video and interviews from media event: Chairman on 30 Mile Highway Trip in Driverless Car Chairman Bill Shuster Will Join PennDOT Secretary Barry Schoch in Self-Driving Car from Cranberry to Pittsburgh International Airport Washington, DC - Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) will join Barry Schoch, Secretary of the Pennsylvania Department of Transportation, as Carnegie Mellon University¹s driverless 2011 Cadillac SRX transports them from surburban Cranberry to Pittsburgh International Airport.

These cases are unique products liability cases, because the cause of car crashes have historically been a driver's negligence.   Some vehicles have significant mechanical or electrical failures that have caused crashes, but the overwhelming majority of car crashes are caused by negligent humans behind the wheel.  Now this has all changed with the advent of the driver-less car.

Car companies are aware of this and the company Tesla is failing to concede its auto-pilot was the cause of a crash in Pennsylvania.  Instead, they have the typical response of "deny and deflect."  Tesla of course is denying it was the Tesla that caused the crash and Tesla is attempting to deflect the blame on the driver.   Tesla noted that "drivers are instructed to keep their hands on the wheel and maintain responsibility of the vehicle."

Tesla's instruction is what makes these cases interesting to legal geeks like myself.  This is a unique product that is marketed as "autopilot."  In reality, these vehicles are only partially self driving. The marketing coupled with the driver's expectations can create a sense of complacency for drivers.   Tesla must be aware of the driver's complacency.  However, what purpose does auto pilot serve if a driver still has to pay attention and keep their hands on the wheel?

Eventually an Oregon court will have to determine what legal theories are viable against certain defendants in failed autopilot car crashes.  Vehicle Manufacturers, Dealers, and the various companies that designed and programmed the software might all be viable defendants.   Products Liability claims, Negligence claims, Contractual causes of action, and maybe even Fraud may be proper Claims for relief depending on the facts of a specific case.   These cases may also be suitable for a Class Actions where numerous consumers have a common issue.

In the mean time, consumers can only hope manufacturers and software engineers are able to fix the bugs and glitches.  These bugs and glitches can result serious injuries and death, so their is no excuse for them to take every effort to protect their consumers and other people driving on Oregon's roads and highways. 

If you or someone you know have been injured in a crash where a car with auto-pilot was involved, please call Portland, Oregon attorney Jeremiah Ross at 503.224.1658.  Ross Law LLC is always happy to provide free personal injury consultations.  Please remember that the law is constantly changing.  This blog article is intended to create awareness of the safety issues wit driver-less cars and is not intended to be legal advice.   

Is Your Case Too Small For A Lawyer To Handle?-ORS 20.080

I was having lunch with a chiropractor yesterday and somehow we began to speak about the viability of representation for people with soft tissue injuries and only a couple of months of chiropractic treatment.   Most people that have soft tissue injuries and a few months of treatment think that their case is too small for a lawyer.  As a result, they are left without representation.  This leaves them at the mercy of the insurance adjuster.

Insurance companies prey on these unrepresented people.  The adjusters do their best to convince them that soft tissue damages don't merit compensation. The insurance adjuster will repeat the fact that there isn't any major damage to the vehicles.   The adjuster will diminish the impact by claiming it is a mere fender bender with only $1,000.00 in property damage.   These are the obvious tactics the adjuster uses to convince people they have no case.  The adjuster has been trained to try and convince people that if the vehicles involved in the crash are not damaged then a person couldn't be injured.

 The bad driver's insurance company will often offer a few hundred dollars and say what ever it takes to get you to resolve the case.  Many times the insurance adjuster on a small case will be very friendly at first.  However, the insurance adjuster's mood will quickly sour once you don't accept their first couple of offers.   People injured in car crashes shouldn't have to deal with that.  That is where a lawyer can help.

The question then becomes, How does a lawyer get paid in a small soft tissue case? Luckily Oregon law has the answer.  Oregon Law (ORS 20.080) is often referred to as the "small case statute."  This is a fantastic law that has assisted many Oregonians obtain maximum compensation for their injuries.  The law was enacted, because many insurance companies take advantage of unrepresented injured people with cases that are not worth more than a few thousand dollars.   Prior to the law, insurance companies knew that a lawyer couldn't make money on a small case, so the insurance company didn't have to make a fair offer.  Basically the insurance company could do whatever they wanted with the offer without fear of being held accountable by facing a lawsuit.   Then ORS 20.080 was enacted and it all changed.

ORS 20.080 basically states that people that have been injured by another person can make a written demand to the at fault party and the at fault party's insurance company.  The demand will be sent with any medical records, bills, or other records to assist the insurance company in evaluating the claim.  The injured person will also let the at fault party and their insurance company know they have 30 days to meet the injured person's demand of no more than $10,000.00.

The ball is then in the at fault party's insurance company's hands.  It then becomes an issue with what offer, if any, the insurance company will make within the 30 days.  ORS 20.080 was drafted with the intent to force insurance companies to make their top offer in the thirty days, so there usually is not much negotiating that should occur.  

If the insurance company makes an offer then you have some choices. If you like the offer, then you can accept it.  If not, then you can do nothing or counter-offer.  If you do nothing and file a lawsuit then you must beat the insurance company's last offer.  If you beat the last pre-filing offer then then the insurance company has to pay your costs and attorney fees in addition to any award or judgment you receive from the court or arbitrator.

For example, say a person is in a car crash.  The person suffers soft tissue injuries and treats with a chiropractor for 2 months..  The person sends out a written demand letter and medical records and bills to the at fault party and the at fault party's insurance company.   The insurance company makes an offer of $900.00 to the injured party and claims it is their "top offer."  If the injured person accepts that offer, then the attorney might be entitled to a third of it ($300.00) to pay the attorney fees.  This would mean the injured person obtains $600.00.

However, if the injured person then files a lawsuit against the bad driver the injured person can obtain much more.   If, the case proceeds to arbitration and the arbitrator awards the injured person a penny more than $900.00 then the injured person should receive $900.01.  The insurance company then has to pay the injured person's costs and attorney fees separately.  Usually the insurance company has to pay thousands of dollars in attorney fees and costs.

ORS 20.080's power is derived from insurance companies fear it will be forced to pay tens of thousands of dollars in attorney fees for a small case valued at less than $10,000.  That provides the incentive for the insurance adjuster to make a good offer prior to litigation.  This also provides an incentive for people like myself to represent people with small cases under $10,000.00.  

 Unfortunately, many insurance companies still try and take advantage of unrepresented people.  Insurance companies also try and low-ball pre-lawsuit offers even when a person is represented.  An attorney in these situations can help you navigate the system and do their best to assert your rights to obtain maximum compensation for your injuries.  Even if you think your case is too small, I strongly suggest you contact a lawyer. 

If you have more questions about a small case where you were injured or your property was damaged by the negligence of another, please call Portland Personal Injury Attorney Jeremiah Ross.  I am always happy to chat with people to discuss whether or not a lawyer may be of assistance to them, and what their rights are.  Ross Law LLC is happy to provide a free personal injury consultation.  Please call Ross Law LLC at 503.224.1658.   Please note that different attorneys have different fee agreements with their clients.   The above example is based on the typical arrangement I have with my personal injury clients.  However another Oregon Attorney may do it differently.  

A Tragic Statistic-A Record Number of Car Crash Deaths in 2015

Car Crashes have been on the top of the list as a leading cause of death for a long time.  However, the number of people killed in car accidents fluctuates year to year.   2015 was not a good year for drivers. 

A recent article noted that fatalities increased by 7.7% in 2015.  What that means is 35,200 people died in car crashes that year.  That is a astounding number of deaths. That number of crash caused deaths is basically equivalent to killing off the entire populations of Milwaukie, Oregon (population 20,512), Sandy, Oregon (population 10,014), Vernonia, Oregon (population 2,158)  and Rainer, Oregon (population 1,915).   That still wouldn't be enough.   

More troubling is that here in Oregon we were part of a region that saw the nation's biggest increase in car crash fatalities.  The number of people that died in car crashes in the northwest region jumped 20% from 2014.  That is a tragic statistic.  

The National Highway Traffic Safety Administration (NHTSA) and an insurance organization attributes the increased number of deaths to the fact that people are driving more and more.  Gas is cheap, so people are putting in more miles on the road.  More miles driven means more opportunities for car crashes.  More car crashes mean there are more deaths caused by car crashes.  The article also noted that 10% more motorcyclists were killed on motorcycles than in 2014.  

As a personal injury attorney, I look at my job as attempting to make the world a safer place.  The only way to do that is to hold people accountable for their negligent acts.  Holding people responsible for causing a crash will serve as a deterrent for others who drive negligently.  These statistics are troubling to me, because Oregon's deaths increased.  That means that as an Oregon Trial Lawyer I should be doing more to hold negligent driver's accountable for causing crashes.  The law is a powerful tool that can force people to change.  Hopefully this trend will continue.  

If you, or someone you know, has been injured or killed in a car crash then please call Jeremiah Ross at 503.224.1658.  Jeremiah represents persons involved in car crashes all over the state of Oregon.  He is happy to give you a free personal injury consultation.   He is also happy to assist you with dealing with the wrongful death of a relative and holding the negligent parties accountable.   Please call Ross Law today. 

If you were injured by Fireworks-Who is Responsible for your medical bills?

It is that time of year again.  People are dusting off their American Flags to hang on their porch, getting their barbecues ready, and stocking up on booze and fireworks.   The Fourth of July can be a blast, but it can also end in tragedy.   The Fourth of July is one of the few holidays where people often check there common sense at the door.  When people don't use common sense then they can injure others or themselves. 

People can be burned, maimed, or killed by fireworks.  Both legal and illegal fireworks are equally dangerous if used improperly.   When people are injured by fireworks, who is going to pay for the medical bills?  Well, like most things in the law, that is not an easy question.  However, there are some people or entities that may be responsible for the injuries caused by a firework.   The list below is not exhaustive, but it may help you determine whether or not you should call a lawyer.

1) The person that lit the firework.  Many times it is the same person that is injured.  That is why I noted "injured person" as number two.  However, if the person that lit the firework injured another, there home-owners or renters insurance may be responsible for paying your medical bills and compensating you for your injuries and lost wages.

2) The injured person.  Many incidents involving fireworks are caused by a lack of common sense or judgment.  Most people automatically want to blame the injured person for the injury.  However, people should not be so quick to rush to judgment.   This is based on a few factors. 1) The injured person may not done anything wrong, and it could have been a defective product; 2) The injured person may have been an innocent bystander that was simply watching the fireworks; 3) There may have been a lack of warnings on the packaging that may have helped prevent the incident; 4) Even if the person lighting the firework failed to exercise proper judgment and common sense, then there is comparative fault.  It could be combination of all of the factors above that resulted in the injury.

3) The property owner may have no fault insurance or "med pay."  Many insurance policies have no fault insurance (usually $5,000.00) called "Med pay."  This insurance can pay the injured persons medical bills up to the insurance policy limits. This is great insurance, because it doesn't matter who is at fault.

4) The property owner's liability insurance may be responsible for paying medical bills and compensating the injured person.   Many property owner's or renters have insurance that may cover injuries from fireworks.  An attorney will most likely have to investigate the incident to determine if the home-owner or business had any fault, but it is possible.  Maybe the homeowner supplied the fireworks?  Maybe the homeowner knew or should have known the injured person was too intoxicated to be lighting fireworks, but kept serving them alcohol?  Maybe the homeowner instructed the injured person to light the fireworks off in a certain area or in a certain way?  Any of these issues may result in the homeowner's insurance being liable for the injured person's medical bills and compensation for the injuries.

5) The manufacturer.  In certain cases it may be possible to show that the firework was a defective product.   This defective product caused the injured person's injuries so the company that made the product should be liable for the injuries.  These cases are not easy, but in certain circumstances, that may be a viable claim.

5) A bar, a homeowner,  or other establishment that over-served the person that lit the fireworks.  This is the "dram shop" liability rule.  In Oregon, if a social host or a place that serves alcohol (bar, restaurant, concert venue, etc.) serves alcohol to a person that is visibly intoxicated then the bar or social host may be responsible for any damages the drunk person causes.  This is a tricky legal theory that requires an attorney to promptly investigate the incident to figure out these facts. 

This list is not exhaustive, there are others that may be responsible for your medical bills, lost wages, and compensation if you are injured by a firework. However, if you are injured by a firework, then you should call Personal Injury Attorney Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  Ross Law LLC is a Portland Personal Injury law firm that is happy to assist you hold the responsible parties accountable.  If you want to read tips on what to do if you were injured by a firework, read this blog post.  

Injured by Fireworks-What do you do to figure out who is responsible?

The Fourth of July is here.  It is "Merica's" birthday and a day of celebration.   Many celebrations in Oregon involve alcohol, and usually end with a small fireworks display.   Fireworks are legal here in Oregon, but that does not mean they are without their dangers. 

It has long been known that fireworks can injure, maim, or kill people.   While working as a deputy district attorney our office prosecuted a local law enforcement officer for lighting off fireworks that injured a child. The child was maimed for the rest of her life, and the law enforcement officer lost his job and his life will never be the same.   This is just one tragic example of many where people are injured by fireworks.  

Many things can cause these injuries and property damage.  A lack of common sense, intoxication, a defective product, or a combination of these factors can lead to these injuries.  Most people jump to conclusions that the lack of common sense is responsible for causing the incident.  However, that may not always be the case.  

This leaves the question of what to do if you, or someone you know, get(s) injured by fireworks?  People usually start to ask this question when they are trying to figure out who is going to pay for the tens of thousands of dollars in medical bills?   These tips may help you investigate the incident.

1) If the injury is severe, call 911.  The injured person must get immediate medical assistance.  Burns are nasty injuries that can become infected, and the injured person may not feel immediate pain.  Especially if there is alcohol involved. Also, getting emergency responders involved may assist you in investigating how this occurred. 

2) Take photos of the firework or firecracker.  It is understandable that the injured person won't be doing this, but this is key information.  Try and get clear photos of the "fine print" or any other label that may have survived the blast.  If you can find the packaging for the firework get photos of it as well. 

3) Take photos of the scene and surrounding area where the incident occurred.   This may assist people in figuring out how the person was injured by a firework.

4) Get witness information.  Ensure you have a list of who saw the firework injure the individual. Make sure you gather their contact information so you can find them in the future if needed. 

5) Gather photos and video from earlier in the evening.  With the prevalence of cell phones most people are filming or photographing anything remotely interesting these days.  There is likely a person that has a photo or a video of the injured person or earlier fireworks displays.  This may be important information to obtain.  For instance, if an insurance company denies compensation to the injured party by claiming the injured person was drunk, a video showing the person sober would be nice evidence to have to rebut that.  Also, a video of other fireworks being lit off that didn't have an issue might be useful in showing that a particular firework was defective. 

6) Gather the remnants of the firework that injured the person.  This may or may not be possible, but the paper scraps and plastic pieces may be valuable evidence to help locate the firework manufacturer etc. 

7) If the injury occurs on private property, try and obtain the property owner's insurance information. This insurance information may be beneficial in helping you get your medical bills paid.  

This list is not exhaustive.  There are other things that you might do to assist you in preserving evidence to determine who is at fault for the injury.  However, this list should get you thinking about how to preserve evidence in the case you need to hold another party responsible for the injury.   Read my blog article if you want to figure out who may be responsible for the injury.

If you or someone you know has been injured by the negligence of another please call Jeremiah Ross at 503.224.1658.  Please call Ross Law today for your free personal injury consultation.  Also, please remember to take this advice with a grain of salt, as every situation is different.

The War on Words-Crash vs. Accident

As the father of a toddler, I constantly hear my son claim intentional acts were an "accident."   My wife and I work hard to explain that throwing sand at another kid is not an "accident" and there is not an excuse for that type of behavior.  I think most parents raise their kids the same way. 

However, at some point in our lives things change.   Employees constantly claim that a screw up was an "accident" or "wasn't on purpose"' so that should mitigate the damages they caused.  As a prosecutor I would hear defendants that injure a person in a DUII crash say "it was an accident."  On the show "Cheaters" (yes I watched it) people would be caught being unfaithful to their loved ones.  My favorite excuse was, you guessed it, "It was an accident, I never meant for it to  go this far."  You have to wonder why people are manipulating the word accident.

 It turns out that the word accident has been manipulated by corporation for over a Century.  Much like the brand "Kleenex" is synonymous with the word "tissue", "accident" has become synonymous with a preventable events, such as a "crash" or " human error".  

As a personal injury lawyer, this makes things a little more difficult for my clients in court.  This is due to the fact that the jurors have been pre-conditioned into thinking the bad driver that crashed into my client caused an "accident."  The defense lawyers/insurance lawyers imply because their client did not intend to run the red light they shouldn't have to pay the full amount of the damages they caused.  Many jurors agree, because that has been the way of thinking for decades.     

It turns out there has been a silent war to replace words involving a predictable event with the word "accident."  The New York Times recently wrote an article focusing on the debate between using the word "crash" vs. "accident."  According to the article, corporations used the word "accident" in their safety campaigns to attempt to absolve themselves of liability.   Car manufacturers used the word in the 1920's to absolve themselves of liability for manufacturing defects.  The word "accident" eventually was forced into our current lexicon by insurance companies and has become synonymous with the word "crash"

Here in Oregon, the word accident has replaced the word crash in our laws.  For example, ORS 811.720 notes "When an Accident must be reported to the department of transportation."   ORS 811.745, notes "When an Accident must be reported to  a police officer or law enforcement agency."  ORS 811.725 describes the penalty for "failing to report an accident." 

Is this a big deal?  I believe it is.  The word crash connotes what actually happens when a vehicle collides with something.  The word crash describes the noise, the twisted metal, the broken glass, and the twisted plastic.  It also better describes the crash was caused by human error.  We need to start taking accountability for our actions like we were taught to do.  Claiming things were an accident that were preventable events caused by human error contradicts everything we expect of our kids. 

If you have been involved in a car crash or if you prefer, car "accident," please call Jeremiah Ross at 503.224.1658.  Ross Law LLC will provide a free personal injury consultation to discuss your Oregon car crash.   Please remember the law is constantly changing and the laws cited above may change in the future.