The "Wave Through" That Causes a Crash

When I drive to work I often find myself making a left across Eastbound Powell near the Ross Island Bridge.  Eastbound traffic is pretty heavy and is usually stopped or crawling.  However, traffic is clear in the far right lane.  Cars regularly speed through in the far right lane as the two other lanes are stopped.  In classic PNW style, the good citizens of Portland will stop on Powell with enough room to allow me to make a left turn across Powell.   

The stopped drivers will often use their hands to wave me across in front of them.  This welcome signal is greatly appreciated.  However, it can also be disastrous if the Eastbound driver waves a person through and a car traveling Eastbound in another lane fails to stop.  A serious collision will result if that is the case.    

I have represented people in "wave through' crashes that have sustained serious injuries.   These crashes are heartbreaking because the person waving the vehicle across was simply trying to help. However, their actions caused someone to be injured.   As a result, they may be responsible for causing the crash.  

The bottom line is, do not wave a vehicle across in front of you until you confirm that it is safe for the crossing vehicle to actually cross.  If you do direct a vehicle to come across and a crash is caused as a result, you may end up being responsible for the crash.   

If you or someone you know has been involved in a crash where a driver or pedestrian waved you across the street then call Oregon Personal Injury Lawyer Jeremiah Ross. Ross Law will give you a free case evaluation if you call 503.224.1658.   Please remember everyone's situation is unique and that results may vary.  Please do not solely rely on this post for information and contact an Oregon Personal Injury Lawyer if you have questions.     

Jeremiah Ross Named Member of Oregon's Autonomous Vehicle Task Force

Jeremiah Ross was named by the Director of the Oregon Department of Transportation to serve on Oregon's Task Force of Autonomous Vehicles.  The Task Force is comprised of 31 members with diverse backgrounds, experiences, and interest.   Jeremiah and other task force members will work toward the goal of drafting legislative recommendations that address Autonomous Vehicles and issues of licensing and registration, insurance and liability, law enforcement and accident reporting, and cyber-security.     Click here for more information on Oregon's Autonomous Vehicle Taskforce.   

If you or someone you know have been injured in an Oregon Car Crash please call Jeremiah Ross at 503.224.1658 for your free personal injury case evaluation. 

Crash on Powell This Morning Was a Needless Rear-End Crash

My morning commute is often exciting.  My two kids in the back seat keep things entertaining and energetic for my wife and I.  This morning there was some additional excitement in the commute.  A car rear-ended a truck on Powell Blvd.  The vehicle occupants did not appear to have any catastrophic injuries.  However, this is a classic rear-end crash where soft tissue and whiplash-type symptoms will arise after the adrenaline subsides.  Additionally, Concussions and Mild TBI's are common with these crashes. These crashes are completely avoidable if drivers pay attention, eliminate distractions, drive at a safe distance from the car in front of them and drive at a safe speed.

If you or someone you know has been injured in a car crash in Oregon call Jeremiah Ross at 503.224.1658 for your free case evaluation.   Ross Law PDX is happy to assist personal injury clients in obtaining compensation for their injuries. BTW:  My wife took the photo while I was driving.  

PUT THE PHONE DOWN! NATIONAL DISTRACTED DRIVING AWARENESS MONTH

It is a no-brainer that people need to put their cell phones down while driving.  However, despite the legal consequences of driving with a mobile device in your hand while driving, people continue to do so.   People also apparently have no issues with the fact that they are putting other drivers, cyclist, and pedestrians in danger if they are texting or using their mobile device while driving. This may explain why the number of traffic injuries and fatalities are on the rise.  In an effort to bring MORE awareness to this issue various agencies have declared April "National Distracted Driving Awareness Month."  Hence, this blog post.

Put the Phone Down and focus on Driving. As a personal injury lawyer, I have to represent too many people injured in an Oregon crash caused by a distracted driver.  There is no excuse for messing with the phone while you are driving.  It puts other lives in danger, and technology has made it absolutely unnecessary.  That is why I have no qualms about seeking punitive damages from a cell phone using defendant that has injured one of my clients. 

If you or someone you know has been injured in a car crash then call Ross Law PDX and Jeremiah Ross.  Oregon Personal Injury Lawyer Jeremiah Ross will provide a free case evaluation.  Call Ross Law PDX at 503.224.1658 to discuss your crash injury case, cyclist injury case, pedestrian injury case, or wrongful death case.  Please remember that this post is for information purposes only.  It is not to be considered legal advice. 

A Personal Injury Lawyer Can Help With Medical Providers

Roughly once a week someone takes the time to send a Thank You card to my office.  Many come from clients.  Some come from vendors.  Sometimes they come from medical providers.  This week I received a lovely card from a Chiropractor.  The Chiropractor had been the treatment provider for a car crash client in a case I was involved in.  The case went to trial and he testified on behalf of our client. A couple of weeks after the trial we had lunch to discuss the trial.  During the conversation, we also started to discuss how Oregon personal injury lawyers should be assisting their clients with medical providers.  Things like billing issues, referrals, and obtaining medical records were all topics of discussion.

Many of my Personal Injury clients already have a medical provider when they come to see me.  If that is the case then I do my best to help the provider with any insurance billing issues they may encounter.  This allows my client to focus on getting better and the provider can deal with my office that regularly interacts with insurance companies. 

My office can also work with a provider who is treating a client who had their personal injury protection benefits terminated by their insurance company.  There are various ways to do this, but often the medical provider is concerned about payment for future services, so it is my office's responsibility to assuage those concerns and do my best to force the insurance company to reinstate PIP medical benefits. 

Occasionally my personal injury clients will ask for a referral to a medical provider.  I do not have a common referral list, but there are some providers that I have told my clients to steer clear of.  At the end of the day, the client needs to be with a provider that they feel comfortable with.  

If you, or someone you know, has been injured by another and need a free case evaluation call Portland Oregon Personal Injury Attorney Jeremiah Ross at 503.224.1658.  At Ross Law LLC we do our best to help people injured in Car Crashes, Bus Crashes, Trucking Accidents, Bicycle crashes, Bike Crashes, Motorcycle Crashes, and dangerous premises cases.  Please remember this post, this blog, and website can be considered ATTORNEY ADVERTISING. 

5 Myths About Concussions & Car Crashes

Last week I attended the Brain Injury Alliance of Oregon's annual Conference.  It was fascinating to hear about the current state of the medical science from medical experts.  Most of the speakers addressed some of the misconceptions about brain injuries.  Many of these misconceptions affect people injured in car crashes and other accidents.  Brain injuries can be called various names depending on who you talk to.  Concussions, Traumatic Brain Injuries, TBI, Mild Traumatic Brain Injuries, Mild TBI, MTbi, post-concussive syndrome are all various names for brain injuries.  These brain injuries are very common in car crashes.  Concussions and Mild TBI can occur in low speed rear-end collisions.

Myth 1:  You must Lose Consciousness to have a Mild Traumatic Brain Injury (MTBI).  According to the CDC and the recent medical literature, this is flat out wrong.   A person need not lose consciousness, get "knocked out," or "black out" to have suffered a concussion.   The CDC notes, "[M]ost concussions do not result in a loss of consciousness. Not being able to remember events (amnesia) prior to, or following the injury, for a period of time is another sign of a concussion. Yet, some people simply feel dazed or confused."  

Myth 2:  X-Rays, MRIs, and CT Scans Always Show a Mild Traumatic Brain Injury. According to medical literature, this is also FALSE.  That is why many medical providers at the emergency room will not order medical imaging for people who exhibit post-concussive syndrome or Mild TBI symptoms after a motor vehicle crash.   There are various medical tests that can be administered to diagnose a concussion and MTBI, but imaging is not reliable enough to diagnose many mild TBIs.   Click here for more information.

“Symptoms of a Concussion after a Car Crash
1) Thinking/Remembering: Difficulty Thinking Clearly and remembering after the crash.
2)Physical Problems: a Headache, Nausea, Balance Problems, Blurry Vision, Feeling Tired, Sensitive to Noise and Light.
3) Emotional/Mood: Irritable, Sad, Nervousness
4) Sleep DIsturbance: Sleeping more or Less than usual.”

— Center for Disease Control

Myth 3:  Mild TBI Symptoms or Concussion Symptoms Appear Right After the Car Crash:  According to the Mayo Clinic, concussion symptoms may be delayed for hours or days after the injury.  This means that you can be in a car crash on Monday and your concussion symptoms may not appear until Friday.  

Myth 4: You Must Hit Your Head to Have a Concussion or Mild TBI:  According to the CDC's definition of a concussion/mild traumatic brain injury this is also FALSE.  The CDC affirms, "A concussion is a mild form of traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head."  The "jolt to the head" portion of the definition affirms that a person does not need to strike their head, but only needs to have their head jolted.  This "jolt" is very common in car crashes.  Especially in rear-end collisions.

Myth 5:  Insurance Companies Are Aware of the Above Myths and Will Compensate You for Your Crash Caused Concussion:  This is flat out false. I have witnessed Insurance companies use the concussion myths at trial and during settlement negotiations. Specifically, Insurance companies use outdated science and medicine to try and convince people that they could not have had a crash caused concussion or MTBI if they did not lose consciousness.  Insurance companies will also claim that a person could not have a concussion if they did not hit their head in the crash.   

Insurance Companies will assert that because there is no Medical Imaging showing a Concussion or Mild TBI then it did not occur.  Insurance companies often use hired guns that are neuropsychologist to claim the person has a psychological issue that is causing the symptoms, and the symptoms are not related to the crash.  In short, they will claim a car crash victim with a Mild TBI is either malingering or suffering from a psychiatric condition causing the symptoms.   This is why it is imperative for you to consult with a personal injury lawyer if you have a concussion or mild TBI and are involved in a motor vehicle crash. 

Please call Jeremiah Ross at Ross Law PDX at 503.224.1658 for your free case evaluation.  Jeremiah Ross has experience with Traumatic Brain Injury Cases and Mild TBI/Concussion cases and will do his best to fight to get you full compensation for your crash caused injuries. Please remember to CONSULT WITH A MEDICAL PROFESSIONAL if you think you have a head injury or any other medical condition.  This post is for informational purposes only.  The definitions and medical science are constantly evolving so please keep that in mind.  

Portland's Snow Is Gone, But Crash Injuries Will Linger...

This week snow blanketed the Portland Metro area down into Eugene and Springfield.  The snowstorm also covered roads from Newport to Astoria.  Many people have become casualties of the storm due to other drivers driving too fast, following too closely, or failing to brake in time.  As a result, there are a lot of people who were in low-speed collisions that are now just starting to suffer the full effects of their injuries.  Below are a few things to remember about these crashes.

See A Medical Provider if You Suspect You Are Injured:  Many low-speed collisions cause what are known as "soft tissue" injuries in the medical field.  Some lay-people and even some medical providers refer to these injuries as "whiplash."  Whiplash is usually a type of soft tissue injury that is synonymous with a neck strain.  These soft tissue injuries occur when the force of the crash tears and stretches muscles and ligaments.  These tears and stretches are commonly referred to as strains and sprains.  

Many times people do not immediately feel the effects of these injuries.  There are various reasons for this because each person is different.  However, after a few days, the pain and discomfort usually set in.  Many people do not see a medical provider because they hope that the pain is going to go away.  In some people it does, but in many people, the pain and symptoms persist.  It is best to get examined as soon as possible.  Medical Doctors, Osteopaths, and Chiropractors can assess you and monitor your injuries. 

You Should Have $15,000.00 of No-Fault Insurance to Pay Medical Expenses:   If you have an automobile insurance policy issued in Oregon then you have $15,000.00 in no-fault insurance benefits.  This no-fault insurance has certain limitations, but it will typically cover up to $15,000.00 of crash-related medical expenses.  However, it only covers treatment for two years from the date of the crash.   These benefits are called personal injury protection benefits, or "PIP."   Read here for more PIP information. If you have insurance questions call Ross Law PDX at 503.224.1658 to speak with personal injury lawyer Jeremiah Ross.  

You Don't Have to Talk to the Bad Driver's Insurance Company:  The bad driver's insurance adjuster is going to be calling to attempt to take recording statements. The insurance lawyer will later attempt to use this statement to justify offering you a low dollar amount.  The day after the crash the adjuster will ask you if you are injured, where you hurt, and if you are going to the doctor.  If you say you are a "little sore" and later need back surgery as a result of the crash, the insurance company will to try and use this statement against you.  The insurance company will try and show that after the crash you had a minor injury that healed.  They claim something else is the cause of your injury that necessitated surgery. Click here to learn more about whether or not you need to speak to an insurance adjuster. Bottom line, if you are unsure if you need to talk to an insurance company call Ross Law PDX at 503.224.1658 for your free case evaluation.

Insurance Companies WIll Make a Low-Ball Offer Right After a Crash: Insurance companies usually attempt to capitalize on these early days after the crash.  If they fear that you may have suffered an injury they will likely try and get you to settle your case as quickly as possible before you realize the full extent of your injuries.  That means that in the next few days insurance adjusters will be hitting the phones, knocking on doors, and emailing injured Oregonians trying to lean on people to take their low-ball offers. 

Lawyers Will Represent People in Smaller Value Cases:  Many people do not call a personal injury lawyer because of two main reasons.  First, injured folks are unsure about how much a lawyer will cost.  This is not a valid concern because the overwhelming majority of personal injury lawyers will give a free case evaluation.  Most personal injury lawyers also work on a contingency fee. 

The other reason people often do not call a personal injury lawyer is that they do not think their case is large enough to warrant representation.   However, Oregon has a small case law that provides economic incentives for attorneys to represent folks in these small cases.  Without these economic incentives, insurance companies would be able to offer little, if anything, because they would be aware that the cost to pursue the case would subsume any award the client would receive.  Click here to read more about Oregon's Small Case Law (ORS 20.080)  

There are too many topics to cover in one blog post.  If you have any questions or are in need of help please call Ross Law at 503.224.1658 for your free case evaluation.  Please remember that this post is for informational purposes only and you should consult with medical professionals and attorneys.  Do not solely rely on this post.  

Three Things You Must Know About Oregon Auto Insurance:

Full Coverage Does Not Mean What You Think it Does:  All too often I meet with clients who tell me, "Don't worry, I have full coverage."  Some of these clients have been heartbroken when they learn that their "full coverage" only included the state-mandated minimum bodily injury limits of $25,000.00. There is not an insurance policy that is sold that states it is "Full Coverage."  This term usually means that the policy meets the state mandatory minimum requirements.  These requirements merely are that the policy has a minimum bodily injury coverage of $25,000.00 per person or $50,000.00 per crash; personal injury protection benefits that include $15,000.00 to pay reasonable and necessary medical bills for up to two years after the crash; and $20,000.00 property damage coverage (to pay for damaging another's property). All policies must also have an uninsured motorist provision and an underinsured motorist provision (used when the bad driver doesn't have enough insurance.)

Your Insurance Company May Refuse to Pay Crash Related Medical Bills:  Oregon law requires that the insurance company pays your crash related bills for two years.  However, this amount the insurer will pay in total varies depending on the personal injury protection coverage you have purchased.  If you have the minimum personal injury protection benefits then your insurer will stop paying crash related bills once they have paid $15,000.00.  That amount can go quickly especially if there is surgery.  The other game insurers play is they will claim your injuries are not crash related, so they refuse to continue to pay your personal injury protection benefits.  They may even send you to a medical provider that works exclusively for insurance companies to give an "opinion" that your injuries are not crash related.   If that occurs call Ross Law at 503.224.1658.

The Minimum Bodily Injury requirements are a Mere $25,000 per Person:  This is usually shocking to most people.  This means that if you are injured in a car crash and you have the minimum limits that you will likely only have $15,000.00 from your insurance policy's  personal injury protection benefits to pay for medical bills, and then an additional $25,000.00 from the bad driver's insurance policy to pay for medical expenses and pain, suffering, and all other harms and losses.   When a person is dealing with a severe injury, these amounts are very low considering the cost of medical care these days. There may be other ways to obtain additional coverage, including "Stacking" your underinsured motorist coverage, or umbrella coverage, but usually, an attorney will be required to navigate these issues.

 Insurance is a complicated issue, but the bottom line is you can never have enough insurance.  If you are injured in a crash and you need assistance in dealing with insurance companies call Ross Law LLC at 503.224.1658.  Jeremiah Ross is a Portland Personal Injury Attorney who will do his best to fight to obtain full compensation for your injuries. 

LEGAL STUFF:  Please remember the law is constantly changing.  This post only applies to insurance policies written in Oregon.  It is important to remember that insurance policies and Oregon law control the types of benefits you may receive and what insurers are permitted to do.  Please rely on the policy language and the law and not solely on this educational post.