The Rain Is Back-Can You Get a Ticket For Going The Posted Speed Limit in The Rain?

This week the rain has returned, and so have the numerous terrible drivers that continue to speed through the rain.   You would think that Portland Oregon drivers would be excellent drivers in the rain.  However, it appears just the opposite is true.  

Many drivers drive too fast in the rain and then cause a crash.   Many of these crashes during rush  hour are rear end collisions.   These rear end collisions often can cause soft tissue injuries to a person's neck (whiplash type injuries), back, and often the driver's left shoulder can be injured from the seat belt tightening.  Some of the crashes can be more serious resulting in significant injures.   

The "bad drivers" that cause the crash probably feel horrible for causing a crash and injuring a person.  However, they may be surprised if they get a ticket even if they were going the posted speed limit in the rain.   They also may be surprised if a personal injury lawyer like myself files a lawsuit claiming they were negligent even though they were going the posted speed limit in the rain.  

This is due to the fact that there is a "basic speed rule" in Oregon.   ORS 811.100 is a law that notes a person violates the law if they drive a vehicle at a speed greater thaan is reasonable and prudent.  The law then lists certain issues that a driver must account for in determining whether or not their speed is reasonable and prudent.  These issues include weather, traffic, visibility, and other conditions.  ORS 811.100 (4) specifically notes that a person may be given a traffic citation if their speed is lower than the posted speed limit.  

The bottom line is that you should slow down to a reasonable speed in rainy conditions.  If you don't and cause a crash you may face a traffic fine.  Even worse you may injure someone and have to answer to a Personal Injury Attorney like myself to explain why you shouldn't be held accountable for injuring another person.

If you, or someone you know, has been injured in an Oregon car crash, call Portland Oregon Personal Injury Attorney Jeremiah Ross at 503.224.1658.    Ross Law LLC provides free personal injury consultations and works on a contingency fee in personal injury cases.   Please remember the law is constantly changing and it is best to contact a personal injury ticket.

Jeremiah Ross selected as a Top 100 Trial Lawyer

The National Trial Lawyers selected Jeremiah Ross as a Top 100 Trial Lawyer.   The organization recognized Jeremiah Ross for his work as a Personal Injury Attorney and Consumer Lawyer.  You can read more about The National Trial Lawyers at The National Trial Lawyers web-site.

 Jeremiah Ross represents Oregonians in Personal Injury cases, Crime Victims, and Oregonians consumer cases.   Feel free to call Jeremiah Ross at 503.224.1658 to discuss your case. 

Wrecked and Repaired Car Is Now Worth Less-10 Things to Know About Diminished Value in Oregon

As an Oregon Personal Injury Attorney I am often confronted with various issues that are caused by a car crash.   Dealing with insurance companies, trying to get medical bills paid, and trying to get lost wages paid are all pretty common.  However, there is also another claim that pops-up every so often.  This is the "diminished value claim."  

These claims are more and more common these days and should be pursued if the economics make sense.  There are numerous little nuances that should guide a person in considering filing a diminished value claim, but below are just a few things that should assist you:

What is a Diminished Value Claim?  Diminished Value claims arise after a vehicle has been damaged by the negligence of another (usually a bad driver.)  The claim arises from the fact that a vehicle that has been in a crash is now worth less than a vehicle that has not been in a crash.   The diminished value is the difference between what the vehicle was worth before the crash and what the vehicle is worth now.

How Much Can I Get On A Diminished Value Claim?  The amount varies.   To determine the amount of the claim an expert will look at how much the car is worth immediately after the crash compared to how much it was worth immediately before the crash.   For example, a 2 day Bentley that was in a crash may be worth $120,000.00 before the crash and now it is only worth $80,000.00 after it has been repaired.  The diminished value claim would be $40,000.00.  However, things change if you change the type and the age of the vehicle.  Now picture a 1999 Ford F-150 that is barely running before the crash.   The truck maybe worth $1500.00 on a good day.  The truck is in a crash and professionally repaired, now it probably is worth roughly the same because it did not have much value to diminish in the first place.  

What Variables Affect The Amount I can Get From A Diminished Value Claim?  Each claim is unique, but usually vehicle make, model, year are important.  Also, the damage to the vehicle is important.  Whether or not OEM (Factory) parts were used is a variable that can be taken into account.  

How Is The Diminished Value Determined?  Experts that are usually people that have worked in the automotive repair industry for years render an opinion regarding the diminished value.   They are usually paid a fee for their work and can provide you a report regarding their findings and the amount of the diminished value. Some Portland Oregon Body shops will offer to render a Diminished Value Opinion for a fee.

Who Do I Make A Diminished Value Claim To?    If you handle the claim yourself you should make the claim to the Insurer of bad driver that damaged your car.  

The Insurance Company Says They Don't Recognize Diminished Value Claims?  I have heard from clients that attempted to make a diminished value claim that the bad driver's insurance company claims they don't recognize Diminished Value Claims.  That may be the case, but Oregon Law recognizes these as valid legal claims.  What this means is if the insurance company claims they are not going to pay out because they have a policy of not honoring diminished value claims you can file a lawsuit seeking damages for the diminished value and may have a claim against the insurer that the Insurance Commissioner would be interested in investigating.

My Diminished Value Claim Is Not Worth Much, Should I Pursue It?  It depends.  Some claims for diminished value may only be a couple of thousand dollars.  Usually these small claims are not filed because people believe the case is too small for an attorney to take.  However, Oregon has laws that enable attorney's to get paid on small cases under $10,000.00.   I have written a blog article on ORS 20.080 and if you have a small Diminished Value Case you should read the article and call me at 503.224.1658 if needed.

Do Attorneys Represent People in Diminished Value Cases?  Yes, but it is not  always necessary.  Some claims may be viable small claims court actions.  However, the insurance company will likely attempt to remove the case from small claims.  I represent people with smaller diminished value claims.  See my  blog article  on small cases in Oregon for more information. 

How Do Attorneys Get Paid In Diminished Value Cases?    Most attorneys get paid on a contingency fee.  However it depends on the amount of the claim.   If there is a large amount of diminished value then it may make sense to pay an attorney hourly.  If their is a small diminished value claim that is risky the lawyer may want you to pay an hourly fee.   I take almost all diminished value cases on a contingency fee.  What that means is I do not get my attorney fees paid unless we win the case. 

Do Diminished Value Cases Apply To Bicycles? It may, but it depends.  A newer unique expensive bikes can be damaged in a small crash with a motor vehicle.  These often happen in minor crashes (For example if you were "doored" at a low speed.)     If the frame or other parts are  slightly bent, but the bike still functions there may be a viable diminished value claim.  However if the bike is a run of the mill off the shelf bike (think $1500.00 or less)  then most likely you are not going to have a viable diminished value claim.

Why Didn't You Answer My Question About Diminished Value Cases In Oregon?   As I said earlier, there are numerous issues that can arise in these cases.  Please Call me if you have a question.  Call Portland Personal Injury Law Firm Ross Law LLC at 503.224.1658.

If you or someone you know has been in a car crash and is injured or their car was damaged feel free to call me, Jeremiah Ross, at 503.224.1658 for your free personal injury or diminished value consultation.  Please remember the law is constantly changing and this blog post should not be used as a basis for filing a diminished value claim.  Please look at the law or discuss your case with an attorney.   

SLOW DOWN! School Is Back in Session- Five Things Every Driver Should Know About Oregon's School Zone Traffic Laws

As I rode into work this morning, I noticed the normal sleepy streets of SE Portland had awakened.  These usually quiet streets were filled with hundreds of kids with tiny backpacks.  Parents and kids both were walking or riding to the first day of school with smiles on their faces both reflecting anxiety and excitement.  However drivers faces were different.  

Drivers appeared grumpy, impatient, and annoyed. The added congestion caused unexpected delays around the school, and now the drivers were going to be late.   As a result,  some drivers drove more aggressively to try and make up for the time they have lost stopping at crosswalks, having to slow down in school zones, and the added traffic congestion around schools.   It is not difficult to imagine the tragic consequences that can occur if excited kids are near roads that are occupied with frustrated drivers.  

With that said many Oregon Driver's know to slow down near kids, but may need a little reminding of the laws that they must follow in order to minimize injuring a child with a vehicle. Here is a run down of some of the basic laws in Oregon that apply near school zones or kids:

What is a School Zone?  Certain traffic laws apply differently in and out of "school zones" so it is important to know what a "school zone" is.  ORS 810.462 defines what a school zone is.   IT notes there are two types of school zones, either an area near a school, or an area near a cross walk.  School Zones are created by putting signs up.   

How Will I know I am Driving in a School Zone?  There should be signs posted around the school zone alerting you that you are near a school zone.

Is there An Automatic Speed Limit in a School Zone?  No, a school zone does not automatically have a speed limit of 20 MPH.  The 20 MPH school zone speed limit is only active during certain periods of time. 

What are the Speed limits in School Zones?  The speed limit in a school zone is 20 MPH.  However, when that speed limit is in effect depends on the type of school zone it is.  If the school zone is adjacent to the school grounds then the "posted" speed limit is in effect when a flashing light indicates when children are coming to or leaving school.   If the school zone is near a crosswalk away from school grounds the 20 MPH school zone is in effect when the school zone light is flashing or when children are present.  For more information see (ORS 811.124)

What does "when children are present mean"?  Oregon law (ORS 811.124) defines "when children are present" as when kids are waiting to cross the crosswalk or a school safety person is at the crosswalk.  

It is imperative that any driver follows these laws not only to avoid a costly ticket, but more importantly no one wants to injure or kill a child with a vehicle.  Following the law is one of the easiest way to minimize the chance that you may injure or kill a kid while you are driving.  Personal injury crashes involving children are tragic for so many reasons.  Please slow down to avoid being in one of these crashes.

If your child, or someone you know, has been involved in a traffic crash near a school, call Personal Injury Lawyer Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  Portland Oregon law firm Ross Law LLC is happy to discuss any personal injury case you may have.   Please remember the law is constantly changing and please check with an attorney before relying on any of the laws cited above. 

NO DRIVER, NO PROBLEM- UBER'S DRIVER-LESS CARS ROLL OUT IN PITTSBURGH

I have previously posted on the advent of driver-less cars and the various legal issues that arise from these driver-less cars.  In theory, driver-less cars are a great idea.  However, in practice you have to question whether or not they are a safer alternative to a human brain.  Software glitches, hardware malfunctions, and unforeseen circumstances can all have deadly consequences.  

I have also written on the various safety issues that ride share programs such as UBER pose.  Drivers assaulting passengers, drivers driving recklessly, and insurance issues that arise with ride share programs are all significant issues that have arisen since these companies began transporting people in Portland, Oregon.

It appears UBER is now attempting to mitigate the risk posed by driver's assaulting passengers, driving recklessly, and even the insurance issues.  UBER is now testing driver-less cars in Pittsburgh, PA.   The idea is that if you don't have to pay anyone to drive the vehicle then transportation becomes extraordinarily cheap.   

UBER has a driver-less car test-lab in Pittsburgh and is using the citizens of Pittsburgh as its test subject for this experiment.   The cars will be on the open road putting members of the public at risk.  Engineers assert these cars are specially designed to drive without a driver.  However these cars will have a "back-up" driver.   You have to wonder why is a back-up  driver necessary if the technology is safe.   

There are not any current plans to bring UBER's driver-less cars to Portland, Oregon.   However, should that occur we need to be ready to address the various safety issues that arise from driver-less cars.  I have concerns regarding the efficacy of the software and hardware.  I also have concerns over the proper maintenance of the vehicles and computer systems.  Lastly, I have concerns over the software not being able to account for the numerous tasks that a driver's brain performs.    We will see what happens....

If you or someone you know has been injured, assaulted, or killed by UBER, LYFT, or another rideshare program, please call Personal Injury Attorney Jeremiah Ross.  Ross Law offers free personal injury consultations.   Please call Ross Law at 503.224.1658.  Please refer to the article at this link  for information regarding UBER's driver less program.  

Hit by a DUII Driver? How Much is your case worth?

As a personal injury attorney that also represents crime victims I am called upon to represent people that were in a car crash with a drunk driver (DUI Driver).   The crashes and injuries vary.  Some people are in minor fender benders.  These fender benders often injure people and can cause soft tissue (whiplash) injures.  More significant crashes can result in broken legs, broken arms, and even death.  Often people want to know how much their injury is worth.  In other words, how much compensation should the injured person receive for the hell the drunk driver put them through?   That is not an easy question to answer because each case is different. 

For example I represented a young woman who was stopped at a stop sign.  All of the sudden a driver crashed into the back of her car.   The vehicles suffered some minor damage.  The bad-driver approached my client.  My client immediately smelled the odor of an alcoholic beverage on the bad driver.  The bad driver asked if my client was OK.  She replied she was.  The bad driver then gave her a high five, sprinted back to his vehicle and drove off.  He did not exchange insurance information or wait for law enforcement to arrive.  My client called the police and they later found the bad driver at a local bar.  My client had soft tissue injures to her neck and lower back that lasted a few weeks.  She did not seek medical treatment.  Almost two years later she came to my office.  We ended up resolving the case for over $20,000.00, exclusive of PIP benefits.  Most cases with those types of injuries will resolve for well under $10,000.00.

I also represented a woman that was a passenger in a vehicle that engaged in a high-speed police chase.  In that case the driver was also drunk.  The driver hit another vehicle head on and caused a significant crash.  My client went to the Emergency Room for treatment the next day and was diagnosed with soft-tissue injuries.   She had minimal treatment with a chiropractor.  She received almost $20,000.00 in addition to PIP benefits.  

I have also received policy limits of $100,000.00 for a cyclist that was hit by a suspected drunk driver.  Law enforcement did not arrest the bad driver after giving him field sobriety tests, but we had witness testimony to support our claim he was intoxicated and disposed of a liquor container at the scene.  In that case the insurance company was faced with the prospect of trying to defend a driver that had hid evidence from law enforcement and injured a cyclist so they tendered policy limits. 

The short answer to the question "How much is my case worth if a DUII driver hit me?" is, It depends.  There are too many variables to give an accurate case valuation without determining the extent of your injuries, the treatment sought, the bad-driver's conduct, the bad driver's driving record, the investigation, and other issues.  

The equation becomes more complex when you consider the types of damages available.  In addition to receiving compensation for your injuries, you may also be entitled to punitive damages from the DUI driver.  These punitive damages are designed to punish the DUII driver for their reckless and outrageous conduct.  These damages add value to the case, but are affected by various variables.   

These types of cases also open up additional sources of compensation.  This issue arises when there is not enough insurance to compensate you for your injury, or a bar or social host clearly violated the law.  In that case you may have a "dram shop" claim.  This allows you to attempt to hold the person that over-served alcohol to the DUII driver accountable for causing your injuries.  Dram shop cases are very nuanced and have notice requirements, so you should call a lawyer immediately if you wish to pursue a case against a driver or social host.

If you, or someone you know, were hit by a DUII driver then you should call Portland Oregon Personal Injury Attorney Jeremiah Ross.   Ross Law LLC provides free personal injury consultations for people hit by drunk drivers.  Don't settle with the insurance company for pennies on the dollar.  Know your rights and get the compensation you are entitled to.  Please remember each case is different, your case may be worth more or less than the cases noted above.    At the end of the day only a Jury knows the true value of your case.  Jeremiah Ross is happy to take your case to trial if necessary to ensure we do our best to get you the compensation that you desire.  

Distracted Driving Kills, But Should We Have a Law Outlawing Eating and Driving?

As a personal injury attorney I am constantly exposed to the gruesome consequences of distracted driving.  My clients are typically injured by someone that is driving and not paying attention.  These injuries can range from bruises, soft tissue and whiplash type of injuries to serious catastrophic injuries that require hospitalization, surgery, and months of rehabilitation.   I never get to meet some clients because they were killed by the negligence of another.

With that said, there is an interesting law being proposed in New Jersey to attempt to outlaw anything that can result in unsafe driving.  I have not seen the text of the bill, but reports note that it is aimed with outlawing a driver from participating in any activity that is unrelated to the safe operation of a motor-vehicle. Lawmakers are attempting to make roads safer by outlawing things like shaving and driving, putting make-up on while driving, watching a movie on a ipad while driving, and all of the various other distracting things people do while driving. Depending on the language of the law, it may be challenged on Constitutional grounds for being over-broad. 

A compilation of teen driver vehicle crashes caused by driver distraction.

In any event, I agree with the spirit of the law, but have concerns about its Constitutionality and the power it may provide law enforcement.  Distracted driving is an issue that needs to be addressed.  An article noted that according to the AAA foundation for Traffic Safety, the three main sources of distracted driving are:  

1) Visual (failing to keep a proper lookout)

2) Manual (taking hands off of the wheel)

3) Cognitive (thinking about something else aside from driving)

Those results are in line with the  personal injury cases I see. The AAA study noted that studying whether or not a person is thinking about something aside from driving is the most difficult thing to study.  This seems  fairly obvious, because it is impossible to see into a person's actual thoughts in real time.  For example, it is difficult to prove a person caused a crash because they were day dreaming. 

At the end of the day what does this mean for Oregon drivers?  The data seems to question whether or not these laws are effective.  However, I am sure more studies will pop out of the wood work affirming the validity of these laws.  

I think everyone will agree that texting and driving is unsafe and should be outlawed even if the empirical data from one particular group does not conclude it is.  Should Oregon Law Makers want to eliminate distracted driving, they can probably look to the current Oregon Revised Statutes that outlaw: texting while driving (ORS 811.507), careless driving (ORS 811.135), and reckless driving (ORS 811.140).  Oregon lawmakers may need to decide whether these laws provide a sufficient deterrent to distracting driving.  

Until the lawmakers address the issue, I will be here to hold distracted drivers accountable for the harms and losses they cause to my clients.   If you or a person you know is injured as a result of distracting driving, please call Portland personal injury attorney Jeremiah Ross at 503.224.1658.   Please call Ross Law LLC today for your free personal injury consultation.  

Don't Be "That Person" -Drivers Blocking The Crosswalk While Waiting In Traffic

Anyone that has walked or ran downtown has been a victim of "that person."  "That person" is the person that feels the need to make the selfish move of entering the crosswalk in heavy traffic as the light is turning red.  That Person's car is now stopped in the middle of the crosswalk acting as a barrier for those that are trying to lawfully cross the street.   

You can see it in That Person's facial expression as the anxiety and embarrassment sets in.   The light turns yellow and traffic isn't moving.  You can observe That Person check their mirrors looking for a place tor drive their car.  Sometimes That Person is able to get out of the way by pulling quickly into a parking spot off to the right or left side of the street.  Other times they simply stare straight ahead actively ignoring the chaos around them that they have caused.  

Notice the Walk Sign is Illuminated, but it is not safe to cross the street.  To cross you have to exit the crosswalk.

Usually by pulling ahead at the last minute while the light is turning red, "that person" has blocked the crosswalk and may be blocking traffic that is trying to move forward on the cross street.   This creates a very dangerous situations for pedestrians that may result in personal injury  or wrongful death.  Last, but not least, blocking the crosswalk is also a violation of the law.  (See ORS 811.028)

Pedestrians see the "walking sign" illuminated, but then see their path is blocked by a vehicle. This is obviously an issue.  Pedestrians then have the option of 1) going in front of the car, 2) going behind the car, or 3) waiting until the car has cleared the intersection until it is safe to cross.  Some of these are bad options for the reasons stated below:

Option 1)  Going in front of the car:  If the car is blocking the crosswalk it may seem like the safest option to walk in front of the car.   Walking in front of the car usually involves leaving the safety of the crosswalk.  In doing so, the pedestrian is now in "no man's land" where there is not any law to protect them.  If they are injured the bad driver will argue they left the safety of the cross-walk.   Additionally, the pedestrian must hope that the driver who is blocking the intersection does not suddenly pull forward.   I have seen this occur, as it seems the driver is so worried about getting out of the crosswalk they have blinders on as to who is crossing the sidewalk in front of them.   Obviously Option 1 is not a great option.    It also may result in a violation of violation of ORS 814.040 (failure to yield to a vehicle.) 

Option 2) Going behind the Car:  The pedestrian may think that going behind the car may be the best option for safely crossing the street without getting injured. However, similar to crossing in front of the car, crossing behind the car will result in the pedestrian leaving the crosswalk.  Going behind the car also presents a unique safety issue, because now the pedestrian may be susceptible to being hit by a car crossing the intersection from the cross street.   Also, cars that are turning onto the street where "that person" has blocked the crosswalk may be pulling forward to get close to the car that is blocking the crosswalk.  Obviously, this puts the pedestrian at risk of being hit or sandwiched between the two cars.  Again, similar to Option 1, leaving the crosswalk may result in a violation of ORS 814.040 (failure to yield to a vehicle.) 

Option 3) Waiting for the Car to Clear the Crosswalk: Waiting for the car to clear the crosswalk is probably the best option.  Most lights in Portland and other Oregon Cities don't take that long.  At most you may lose a few minutes of your day by waiting for it to be safe to cross the street.   It is my opinion that it is best to wait until the cross walk is clear and it is safe to cross the street.  This is the only way to attempt to mitigate the risk of injury from being struck by a car while crossing the street.   

If you, or a person you know, has been hit by a car while crossing the street, please call Portland Oregon Personal Injury Lawyer Jeremiah Ross.  Ross Law LLC is happy to provide you a free personal injury consultation.  Please call Jeremiah Ross at 503.224.1658.  Please also remember that each situation is different do not solely rely on this post to ensure your safety.