Ross Law files Suit against USAA Casualty Insurance for Wrongfully Denying PIP Benefits

USAA has been my insurance company my entire adult life. They market themselves as supporters of the military and veterans. That may be the case, but as a personal injury lawyer, I often witness USAA doing anything they can to deny veterans and their families personal injury protection benefits. As a result USAA is often the target of PIP lawsuits in which the insured is forced to sue USAA for wrongfully denying benefits in an effort to obtain their insurance benefits. Recently Ross Law PDX filed a lawsuit against USAA Casualty Insurance Company in an effort to obtain our client PIP benefits.

In our case USAA through Auto Injury Solutions sent our client’s medical record out to a hired gun doctor to give an opinion that my client was not hurt as bad as she claims to have been. This is often referred to as a “record review” or “file review.” USAA then failed to provide any notice that it was denying our client’s bills or explain why. We have alleged this is in violation of Oregon Law and its contract. USAA appears to have taken a position of vigorously defending the action.

If you or someone you know have been wrongfully been denied PIP benefits, please call Oregon Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to fight insurance companies that have wrongfully denied insurance claims. Please note that the litigation noted above is pending, and the opinions espoused by me on this blog are my opinions and based on my personal experiences.

Driver Alert-Watch for Hood To Coast Runners on Friday and Saturday

Starting tomorrow thousands of runners, including me, will be running from Timberline Lodge to Seaside Oregon in the 2018 Hood to Coast Relay.  Please be extra cautious and patient if you are on the running route.  There are not only runners on the road, but the support vans are often driving slow and may be unfamiliar with the area.  Runners will be running early in the morning and throughout the night on Friday, so please be extra cautious if you are near the running route.  Additionally, there will be increased congestion in certain areas along the running route.  Click here if you are unsure where the running route is, or you would like more information. Please be patient and take alternate routes if possible. 2018 should not be a year where a runner is killed or injured by a driver's negligence or stupidity.  

Where Does Oregon Rank on "The States with the Worst Drivers"

As a personal injury lawyer, I often hear about Oregon's worst drivers.  Oregon's drivers can do some incredibly dumb things that often result in injuring others.  A recent survey from SmartAsset (a tech/finance company) has ranked the States' drivers from best to worst.  Oregon ranks number 26 on the list. The optimist in me says that we are lucky to live in Oregon, because there are 24 States that have more terrible driving habits than Oregonians. However, the reality isn't so rosy.  Oregonians have serious room for improvement, to drive safer and reduce traffic caused fatalities and injuries.  The survey also noted some interesting facts about Oregon Drivers: 

1) Only 83.3% of Oregon drivers have insurance.  All vehicles are required by law to be covered by insurance, so this is a troubling statistic.   This is why it is imperative to have sufficient uninsured ("UM") motorist coverage on your auto insurance policy. The State minimum $25,000.00 is likely not enough to cover you if you are in a crash.  Click here to learn three things you should know about Oregon's Auto insurance. 

2) For every 1,000 drivers in Oregon 3.16 of them will be arrested for DUII (Driving While Under the Influence of Intoxicants).  This is also a troubling statistic because this is for DUI arrest, not the actual number of DUII drivers.  This statistic is not surprising to me because I regularly represent people that were injured by DUII Drivers.  In case you were curious, North and South Dakota both top the charts for DUII arrest with over 11 DUII arrests for every 1,000 drivers.  

CAUTION THE LANGUAGE IN THE VIDEO MAY BE OFFENSIVE and IS NOT ENDORSED BY ROSS LAW

3) 1.3 people will die in Oregon Roads for every million vehicle miles traveled.  To put it another way, 2 people will die on Oregon Roads after all of the vehicles in Oregon travel a combined 3 million miles.  These wrongful deaths become more frequent as more people move to Oregon and more people drive in Oregon.  As of May 2018, 17 people had died in traffic crashes.  Things are not looking better for the remainder of the year. For example, last week a motorcyclist was killed near the St. Johns Bridge. Almost all of these wrongful deaths are completely preventable if drivers simply obey the rules of the road.  or the 

If you were wondering where the worst drivers are, well here it is.  According to Smartasset the states with the worst drivers are:

1) Mississippi

2) Tennessee

3) California

3) Missouri (Tied with California)

5) New Mexico

5) Texas (Tied with New Mexico)

7) Alabama

8) Florida

9) Alaska

10) Arizona (Tied with Alaska)

Click here to read more about the survey and the methodology they used. Remember if you or someone you know where in an Oregon car crash call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658.  Ross Law PDX provides free case evaluations for wrongful death and personal injury matters.   Jeremiah Ross also represents people in disputes with their insurance company in uninsured motorist claims, underinsured motorist claims, and personal injury protection benefits claims.  Please note that Jeremiah Ross, and Ross Law PDX, do not have any affiliation with Smartasset, nor have they confirmed any of the statements or statistics are accurate. 

Ross Law Receives Another Five Star Review from a Personal Injury Client

We have another happy client.  Recently a client gave Portland Personal Injury lawyer Jeremiah Ross five out of five stars on Avvo.com and wrote the following: 

“Jeremiah helped me through a tough case and he pinpointed details that made my case. I would have been at a loss if he hadn’t been there to help me understand what to do and how to do it. I am able to afford to go back to school because of Jeremiah’s hard work. It’s rare to find someone willing to work 110% of the time.”

— Personal Injury Client

We love hearing from our clients.  If you or someone you know have been injured in a car crash call Portland Personal Injury Lawyer Jeremiah Ross.  Ross Law PDX is happy to give a free personal injury case evaluation if you call 503.224.1658.  Please remember that Ross Law PDX cannot guarantee results and every personal injury case is different.   

Portland's 10 Most Dangerous Intersections

Portland is known for its pedestrian and bike-friendly streets.  However, things are much different on the East side of town past 82nd Ave.   As a personal injury lawyer, I have represented people that have been injured at various Portland intersections.  A couple of years ago I represented a pedestrian that was struck by a vehicle crossing the street at SE 82nd Ave and Division St.  Thankfully my client was not injured too badly, relatively speaking. However, after some investigation, we determined there was an unusual number of "near misses" with pedestrians crossing the street in the late afternoon.  Recently, Oregonlive published its list of "Portland's 10 Most Dangerous Intersections" and noted all of them are East of 82nd Ave.  I was not surprised to learn that the intersection at 82nd and Division made the list. 

Here is the rundown from the Oregonian: 

No. 10: Southeast 148th Ave. and Stark St.

No. 9: Southeast 92nd Ave. and Holgate Blvd.

No. 8: Southeast 136th Ave. and Powell Blvd.

No. 7: Southeast 122nd Ave. and Powell Blvd.

No. 6: Northeast 122nd Ave. and Glisan St.

No. 5: Southeast 82nd Ave. and Division St.

No. 4: Southeast 174th Ave. and Powell Blvd.

No. 3: Southeast 122nd Ave. and Division St.

No. 2: Southeast 82nd Ave. and Powell Blvd.

No. 1: Southeast 122nd Ave. and Stark St.

Please slow down, remain vigilant, and be extra cautious around these intersections.  Another person does not need to be injured due to the negligence of a driver.  If you or someone you know has been injured at a Portland Oregon intersection call Portland Oregon personal injury lawyer Jeremiah Ross for your free case evaluation.  Please remember Ross Law PDX represents pedestrians and cyclist throughout the state that have been injured by the negligence of others.  We are here to help. Call 503.224.1658.  Please note Oregonlive has done its own independent research, and Ross Law has not verified any of the information noted in this blog.   This blog article could be considered personal injury Attorney Advertising.  

Superlawyers Magazine Is Out-Jeremiah Ross Made the Cut

The 2018 Superlawyer Magazine for Oregon has been published.  Jeremiah Ross was named a "Superlawyer" and is featured on page 26 for his representation of plaintiffs in personal injury cases in Oregon.   Superlawyers notes each candidate was selected based on, "Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel."  According to Superlawyers, only 5% of lawyers are given the distinction of a Superlawyer. Jeremiah Ross is honored to receive this distinction.   

If you or someone you know has been injured in a car crash or due to the negligence of another, call Portland Personal Injury lawyer Jeremiah Ross for a free case evaluation.  Please call Ross Law PDX at 503.224.1658.  Please note that Jeremiah Ross cannot guarantee case results and all cases and outcomes vary. This post and the Superlawyers website is attorney advertising.  

What to Do if Injured in A Crash with a Shared E-Scooter (Bird, Lime, or Spin)

The invasion of E-Scooters has begun in Portland, Oregon. As a personal injury firm, we anticipate starting fielding calls from people that were injured by a shared e-scooter rider on the sidewalk.  Ross Law PDX  also anticipates we will field calls from e-scooter riders that were struck by a vehicle. People are also likely to get injured by tripping over an e-scooter that is laying on the sidewalk.  (The E-Scooters are called "litter bikes")  Any of these scenarios can result in serious injuries and I hope they do not occur.  When they do occur you should know what you need to do. If you are unable to do these task hopefully someone is there to do them for you. Here are a few tips:

1. Call EMS if there is an Injury that warrants it.
2. Take a Photo of the Driver's License of the Person that was Riding the E-Scooter:  This will ensure you have their information to contact them later.  The Rideshare E-Scooters Require riders to have a driver's license, so demand to see it.
3. Get Witness Information:  Use your phone to have witnesses input their name and number. This will allow you to contact them later if you need to. 
4. Take a Photo of the Electric Scooter Involved:  Ensure to get multiple pictures.  Include the control panel at the top of the scooter in between the handlebars. 
5. Take a Photo or short video of the area Surrounding the Scooter:  This will help determine what caused the crash and the injury.

The goal is to document what occurred, when it occurred, and who was involved.  Cell phones and mobile devices are the best ways to do this.   This evidence will be needed to sort out the liability and insurance issues.

Liability and Insurance issues are going to be interesting.  The electric scooter companies (Bird, Spin, Lime, etc) are all going to deny any liability and attempt to blame the rider involved in the crash.  Their terms of service are drafted in an effort to shield themselves from any liability.  However, the analysis is more complicated than that. 

These companies flooded the streets with a dangerous product that is easily accessible to the public.  They do not provide helmets, there are no training requirements, and they permit the scooters to be left anywhere on the sidewalks. This creates a major tripping hazard.  It is anticipated that the courts will need to sort out who is liable in the various scenarios that occur.  

Insurance for shared e-scooters is also going to become interesting.  Who will pay the medical bills of a person injured in an incident with a shared e-scooter? Will the consumer's policies cover crashes under their auto policy? Will the companies step up and their insurance will cover them?   

Time will tell how this plays out.  In the meantime,  Call Ross Law PDX at 503.224.1658 if you have any legal issues involving an injury on a shared e-scooter in Portland Oregon.  Jeremiah Ross is a Portland Personal Injury lawyer happy to offer free case evaluations for persons injured by the negligence of others.  Please remember the tips above are not an exclusive list, and are not to be construed as legal advice. 

Electric Scooters are In Portland-What You Need to Know..

This morning on my walk to work I saw a shared "Bird" electric scooter (aka e-scooter) being ridden.   The rider was cruising on the sidewalk at a good pace on the sidewalk in downtown Portland with her helmetless hair blowing in the wind.  She stopped at a crosswalk and zipped across while the light was still red.  I have previously heard about the e-scooter phenomenon that is blanketing west coast cities, but this was the first time I had witnessed a person riding one of these scooters.  As suspected, if everyone rides like this woman, these e-scooters are going to be a safety nightmare.  Here are some things everyone needs to know if they are going to use these e-scooters.

Info Graphic Prepared by Portland Bureau of Transportation-no affiliation with Ross Law PDX

1. You are required to wear a helmet:  Yes, these are motor-vehicles so you have to wear a helmet when you are riding them.  These scooters cruise at around 15 MPH, so it makes sense that you should be required to protect your most precious organ. ORS 814.534
2. It is UNLAWFUL to ride on the Sidewalk:  Yes, I know this seems odd, but it is the law.  There are limited exceptions.  This may seem odd, because you feel vulnerable riding in traffic.  However, these things cruise at 15 MPH.  That is too fast to be riding on a busy sidewalk.   Bikes aren't allowed on Downtown Portland's sidewalks, so it makes sense that scooters wouldn't be allowed either. The bottom line is that you need to ride in the street.  It's the law. See ORS 814.524
3. You Cannot Ride in the Middle of the Lane: You must ride as close as practicable to the right curb or edge of the road.   However there are exceptions to this rule that permit you to ride towards the middle of the lane if you need to make a left turn, it is dangerous next to the curb, or you are passing someone in the same direction, on certain one-way streets.  ORS 814.520
4. If there is a Bike Lane You Must Ride in the Bike Lane:  Oregon Law mandates that if there is a bike lane or bike path then you must ride in the bike lane.  There are limited exceptions to this rule.  ORS 814.514
5. You Must Be at Least 16 Years Old to Ride Them:  Oregon Law mandates that you are 16 years old to ride a motor-assisted scooter. ORS 814.512
6. You Cannot Carry a Passenger on the Scooter: Scooters are limited to one rider per person.  No kids with their parents. See ORS 814.530
7. You Can Get a DUII on an Electric Scooter:  Yes it is true,  vehicle laws apply to motorized scooters. This includes DUII Laws.  So stay off the scooter if you have been drinking.  

The police can cite you for many of the above violations.  More importantly, you are a safety hazard if you ignore the rules.  These shared electric scooters are going to create various issues because many of these rules are counter-intuitive.  They also are going to create a new segment of vulnerable road users that are inexperienced.  As a result, I have no doubt that someone in Portland Oregon will eventually suffer a serious injury due to an electric scooter incident.  It has already happened in San Francisco.  (Man broke his arm riding a shared e-scooter on the sidewalk)

If you or someone you know has been injured in a collision involving a shared e-scooter, call Ross Law PDX at 503.224.1658.  Jeremiah Ross is a personal injury attorney that provides free case evaluations.  Please remember that the laws are constantly changing and to rely on the law and NOT this post.  This post is not to be considered legal advice but is intended to educate the public regarding safe riding.