5 Things To Know if You Were In a Crash with a DUII Driver

Ross Law PDX recently resolved a case where our client was hit by a DUII driver. The driver was out drinking and decided to drive home. While he was driving his blood alcohol concentration was well over the legal limit. The speeding drunk driver ran a stop sign and T-Boned my client’s car. The crash totaled my client’s vehicle. The DUII driver then attempted to flee, but pulled over minutes later. The DUII driver was then arrested and charged with DUII and Reckless Driving. While the DUII driver was spending the night in jail, our client was at Urgent Care getting treatment for his injuries. The crash caused ourclient to suffer soft tissue injuries (neck and back strain) which thankfully healed in a short amount of time. Our client brought Ross Law on board and we were able to obtain the DUII Driver’s $25,000.00 policy limits very shortly after letting them know of our representation. This is not an unusual scenario in DUII crash cases. However, these cases are unique and many victims of DUII drivers are often getting less than they are entitled to simply because of confusion about their rights and obligations. The following five things should assist DUII victims in ensuring they receive maximum compensation for their losses:

1) You Have a Right to Receive A Police Report & Other Information: One of the first things that victims want to know is what happened to cause their injuries. Clients often say, “I don’t understand how he/she could have been so drunk and still driving.” Getting a police report helps victims learn what happened. It also helps them evaluate a civil case against the DUII Driver. The vast majority of the time the District Attorney will not release a police report while the case is pending under any circumstances. This is one exception to that rule. The law mandates that the District Attorney’’s Office must provide a report to victims or their lawyers if it is requested. See ORS 135.857.

2) The District Attorney Does Not “Represent” The Victim: The District Attorney’s job is to prosecute the DUII driver. This means that they will ensure that the DUII driver is either convicted of DUII or brought to trial for DUII. If the DUII driver is convicted of DUII, then the District Attorney may ask all victims involved if they are seeking restitution. This does not mean that the District Attorney is the victim’s lawyer. It simply means that the District Attorney (“DA”) is doing their job to ensure that the victims receive criminal restitution they are entitled to. This distinction is important to remember, because many people believe that the DA is also helping them with an “insurance claim” or getting compensation. Simply put, that is not he District Attorney’s job. That is what personal injury lawyers and crime victim lawyers such as Ross Law PDX do. This must be clear because the victims may limit their compensation if they do not exercise all of their rights. Click here to learn more about the difference between the district attorney and a civil attorney.

3) Criminal Restitution is Not the Same as Compensation in a Civil Case: Many times the District Attorney will send DUII victims a letter requesting if they are seeking “restitution.” Many people are confused about these letters and notices. Additionally, some DUII victims believe that seeking restitution is the same as pursuing a civil claim against the DUII driver. These are very different things. Criminal restitution is very limited. Criminal Restitution only covers “economic damages” caused by the defendant. Economic damages are defined as “objectively verifiable monetary losses.” These are often referred to as “out of pocket expenses.” Things like medical bills, burial expenses, lost income, costs to repair property, and insurance deductibles are routinely covered. See ORS 137.106(1) and ORS 31.710(2)(a). However, things like pain, suffering, frustration, anxiety, interference with activities of daily living are not recoverable as criminal restitution. These are non-economic damages. The DA has to make a claim for restitution within 90 days of sentencing, so it is important to communicate with the DA promptly if you are seeking restitution.

4) Insurance Companies Will Still Cover A DUII Crash: There are many instances when an insurance company refuses to provide coverage for an incident due to the insured’s conduct. However, the vast majority of the time an insurance company will still provide insurance coverage for a DUII crash. This is important because it allows the injured victims to receive compensation for pain and suffering in addition to their economic losses.

5) A DUII Crash Case is Worth More than a Regular Case: Insurance companies evaluate make their money by evaluating risk. They do their best to attempt to figure out what a Jury may award the victim of a DUII driver. This can be difficult because of the risk of punitive damages and the fact that the Jury may simply award the victim a substantial amount of money because the driver was impaired at the time of the crash. As a result, insurance companies will usually pay more to a victim of a DUII driver.

If you or someone you know has been injured in a crash with an Oregon DUII driver or impaired driver you should call Ross Law PDX at 503.224.1658 for your free personal injury consultation. Oregon Personal Injury and Wrongful Death attorney Jeremiah Ross is happy to discuss your options. Please remember that case results vary and the law is constantly changing. Please contact a personal injury lawyer rather than relying on this post. Also this post could be considered ATTORNEY ADVERTISING.

Can You Be Sued for Over-serving Alcohol to A Person that Causes a Car Crash?

‘Tis the season for holiday parties, which means it is also the season for DUII crashes. Many of these crashes cause catastrophic injuries or deaths. When that occurs it is likely that the injured person’s family will want to hold all negligent persons responsible for causing the injuries or death. Most people think that simply the impaired driver is solely responsible for causing the crash. However, that may not be the case if the DUII driver is leaving a residence or bar where he was over-served alcohol. In Oregon you can be sued if you are a social host and over-serve a visibly intoxicated person who causes a car crash. This means that you may be responsible for the injured person’s losses which can be millions of dollars in some cases.

To put it another way, homeowner’s can be held responsible for serving alcohol to a person that is visibly intoxicated and later injures another in a DUII crash. (See ORS 471.565). Oregon courts have determined a person who receives guests in a social setting, in which the host serves or directs the serving of booze or beer to guests can be held accountable if the overly intoxicated person later injures another in a DUII crash. Don’t believe me? Check out the Court’s opinion in Deckard v. Bunch, 358 Or 754 (2016).

Social Host liability is important because home owner’s and renter’s insurance policies may cover DUII crash injuries and provide tens of thousands, or hundreds of thousands of dollars, in additional insurance coverage. This money can be used to pay medical bills, physical therapy, vocational rehabilitation, and to compensate the injured person or their family for their harms and losses. More importantly, social host liability will hopefully act as a deterrent to over-serving intoxicated people who may get behind the wheel.

Social Host cases can be complicated and there are other theories an attorney can use to attempt to obtain maximum recovery for a person’s wrongful death, injury, or loss. Please contact Portland Personal Injury Attorney, Jeremiah Ross, at 503.224.1658 for a free personal injury consultation. Please remember this post is for informational purposes only and you should rely on the current statute and case law when considering a dram shop claim. These laws constantly change and the theories of liability are not as clear as they were in the past. Please consult with an attorney if you believe you have a dram shop claim, social host claim, or have been injured by a DUII Driver.

Plan Your Thanksgiving Trip Early- Historic Traffic Jams Predicted

Thanksgiving is already here. AAA predicts a historic amount of driver’s hitting the road this year. This will create terrible traffic throughout the Country, but it will also likely cause an increase in traffic crashes. During Thanksgiving people tend to be in a hurry, become inpatient, and are often fatigued during long drives. As a result, they make decisions that cause a crash. These crashes can be avoided if you simply plan your trip to account for the traffic. Give yourself extra time and leave earlier than you think you should. This will result in a much more pleasant and safer drive.

If you or someone you know have been in a traffic crash please call Portland Personal Injury lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide free personal injury case evaluations.

Another Avoidable Tragic Death In Portland-Pedestrian Killed by Driver

Yesterday a Portland man was killed by a DUII Driver as he was on the side of the road. His death was the 33 traffic fatality in Portland this year. State wide more than 400 people have been killed in car crashes. All of these deaths could be prevented if people simply followed the laws, avoided distracted driving, kept their vehicles properly maintained, and roads were properly maintained and designed.

The driver who killed the pedestrian yesterday now faces criminal charges, and will likely face a civil wrongful death lawsuit brought on behalf of the family of the victim. The family may seek millions of dollars to compensate them for their losses and punitive damages to punish the driver who killed their loved one. These cases are difficult for everyone involved, but are necessary to ensure the DUII driver is held accountable and the victim’s family is compensated for the loss of their loved one.

If you or someone you know were a pedestrian that was hit by a motor vehicle call Oregon Personal Injury and Wrongful Death Lawyer Jeremiah Ross at 503.224.1658. Ross Law is happy to provide free case evaluations for personal injury clients and has represented clients throughout the state of Oregon.

Jeremiah Ross Mentioned In August Portland Monthly Magazine

As previously mentioned, Jeremiah Ross was selected as a Superlawyer in the Personal Injury Category. Jeremiah Ross was mentioned as a personal injury superlawyer in the August 2018 edition of Portland Monthly Magazine.

If you or someone you know need an Oregon Personal Injury lawyer, call Jeremiah Ross at 503.224.1658. Ross Law PDX is always happy to provide free case evaluations for personal injury clients throughout the state of Oregon.

Portland Riders Take Note-Two Shared E-Scooter Riders Die This Month

I had previously expressed concerns the dangers the shared E-Scooters pose to riders and others. As predicted as ridership has increased, so have the injuries and deaths. Last month two shared e-scooter riders died. One shared e-scooter rider was killed in Washington DC after being hit and dragged by an SUV. Another rider was killed after being found with a major head injury and hundreds of yards away from the scooter. That rider died of blunt force trauma to the head.

These catastrophic injuries are exactly the types of injuries we expect to see in the personal injury world. Earlier this year a teen was seriously injured while riding an e-scooter in or around Gresham Oregon. It is not a matter if, it is a matter of when, another Portland e-scooter rider suffers from a concussion, Traumatic Brain Injury (TBI), broken arm, or leg. Unfortunately, it is also only a matter of time before a shared e-scooter rider is killed in or around Portland. There are simply too many inexperienced riders without helmets riding vehicles that travel at speeds dangerous to cause serious injuries or deaths.

If that occurs the rider should contact immediately contact a personal injury lawyer. As a Portland Personal Injury Lawyer, I am happy to provide free case evaluations for personal injury clients. Call my office, Ross Law PDX, at 503.224.1658 if you or someone you know have been injured by or on a shared e-scooter. Please note that this post is for Advertising Purposes.

Jeremiah Ross Votes to Approve The 2018 Final Report on the Task Force on Autonomous Vehicle

After numerous meetings, hours of reviewing documents, and collaborating and discussing issues with others, Oregon’s Task for On Autonomous Vehicles unanimously voted to approve a 2018 Final Report to the Oregon State Legislature. I was honored to represent consumers on this committee and protect their interests on the Liability and Insurance Sub-Committee. In addition to myself there was only one other personal injury lawyer on the committee and I was proud to be the only Consumer lawyer on the committee. The Report will now be forwarded to the Legislature to assist them in formulating laws and policies regarding Oregon’s Autonomous Vehicles. Click here to review the full task force on Autonomous Vehicles 2018 Final Report.

If you or someone you know has been injured in a crash with an Autonomous Vehicle Call Oregon Personal Injury and Consumer& Auto Fraud Attorney Jeremiah Ross at 503.224.1658 or Ross Law LLC. Please remember this post is for informational purposes only and that it can be considered ATTORNEY ADVERTISING.

E-Scooter Injuries Are a Significant Concern for Portland

E-scooters have taken Portland by storm. It is only a matter of time before Ross Law PDX represents an individual injured on an e-scooter operated by Bird, Lime, or Skip. Recent articles have noted the frequent and alarming number of injuries on e-scooters. Some of these injuries are caused by operator error, some are caused by driver’s failing to pay attention to the riders, some are caused by the e-scooters failing to operate as they should. Some of these injuries can be catastrophic and one person has already been seriously injured on an e-scooter in Portland. This should concern all of us in Portland, as the nuisance of e-scooters is one thing, but injuries and fatalities are unacceptable.

As you may imagine, the courts and regulators are going to have to sort out the mess created when a person is injured or killed in an adverse incident involving an e-scooter.

If you or someone you know has been injured in a crash or accident with an e-scooter, please call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide a free case evaluation for personal injury clients.