Who Will License Cars Driven By Computers? The Licensing Dilemma of Self-Driving Cars

I have previously blogged on self-driving cars and the dangers they pose to Oregonians.  Currently Oregon does not have any current rules, regulations, or laws governing self-driving cars.  Most states are like Oregon and are lagging behind the technology.  This is dangerous, because by the time Salem cuts through their gridlock to figure out how to regulate a tech-industry, the technology will have most likely morphed into something entirely different.  As a result, the Obama Administration recently affirmed they intend on exercising Federal Authority to regulate self-driving vehicle technology. 

Video-from Youtube and Google-We started designing the world's first fully self-driving vehicle to transform mobility, making it easier, safer and more enjoyable for everyone to get around. Now we're ready for the next step of our project: this summer, our prototype vehicles will leave the test track and hit the familiar roads of Mountain View, California, with our safety drivers aboard.

This is an interesting issue, because traditionally Oregon and other states have regulated drivers.   However things change when the car is driven by a computer.  Many states don't have the infrastructure, resources, and tech savvy employees that can implement meaningful policy guidelines.   Many States are becoming very close with driver-less car manufacturers in hopes to spur economic growth.  For example, Michigan is considering auto manufacturers to allow drive-less car testing on roads, but the cars would not need brakes or pedals.  

Also, if different states promulgate different driver-less car rules then it may prevent driver-less cars from interstate travel.  This may impair interstate commerce. It will be interesting to see how this plays out.   I anticipate some heavy handed litigation between manufacturers, the federal government, and State and Local governments.   

If you, or someone you know, has been in  a crash with a driver-less car or self-driving car, please call me at 503.224.1658.   Ross Law LLC is happy to provide free personal injury consultations.  Also, Ross Law does not collect a fee in personal injury cases unless you recover from the at-fault party. Please remember that the law is constantly changing, and this article may be outdated.  Also, this article, this blog, and this web-site is not intended to be legal advice.  This post may be considered ATTORNEY ADVERTISING!

Why Are There So Many Car Crashes When it Rains? Deadly Rainy Weekend in Oregon

Summer is slowly slipping away and the rain is starting to infiltrate our daily forecast.  With it comes the first rains of the season.  This weekend there was unusually heavy rain throughout Oregon.  This rain is being blamed for at least four deadly car crashes in Oregon.   Why were there so many tragic car crashes in a short period of time?

People often wonder why the roads are so deadly in the fall.   Especially in Oregon where we should be used to driving in the rain. As a personal injury attorney who regularly meets with people that have been injured in crashes, I think I have some unique insight on the causes of many of these crashes.   I believe many of the rainy day crashes are a result of:

www.2people1life.com a bit of our drive along the rainy Oregon coast, didnt let up for 2 days

Excessive Speed:  Most people drive too fast in rainy weather.   This is especially true when the rains are early in the season.  People are still accustomed to driving in dry weather, and don't adjust their speed..  As a result, more crashes occur.  If you are wondering how fast you should go in the rainy weather, read my previous blog article on the issue.   

Following Too Closely To Vehicle In Front of Them:  Cars require more distance to stop on wet roads.  This is due to the fact the tires don't have the same traction on a wet road as they do a dry road.  As a result, if people do not adjust their driving by leaving more space between their car and the car in front of them there is likely to be a rear end collision.  

Roads are Slippery During First Rains of the Year:  People in the "Know" call the first rain of the season the "first wet."  The first rain of the season can cause the roads to be especially slippery because the oil that has dripped off of cars, the dirt, and other debris has accumulated over the summer months.   When it rains the oil, dirt, and debris cause the roads to become incredibly slippery.   This is actually supported by science.  Click here to learn more.  

People Do Not Maintain Their Vehicles:  Windshield wipers, tires, headlights, and brakes are all imperative in rainy weather.   Many people do not maintain the wipers, tires, and brakes during the summer because the vehicle appears to be working correctly.  However, once a person turns on the wipers and they don't clear the windshield then the driver will have some real visibility issues.  Also, bald tires create hydroplaning and can result in a vehicle driving off the side of the road and increased stopping distances.

Standing Water and Clogged Drains:  The leaves have just began to fall.  These leaves often clog drains and cause large puddles to form on streets.  Drivers that drive too fast through them will often hydroplane and lose control of their vehicles.  This can result in injury to the driver or other people.

Leaves on the Ground:   In the fall,  many Oregon neighborhoods are carpeted by leaves falling on the ground.  The roads can become very slippery when they are covered by west leaves.   As a result, a vehicle has reduced traction while driving on leave covered roads. 

These are just a few of the many reasons why these first rainy days of the season can result in dangerous roads.  In order to protect yourself and others while driving on these rainy roads it is important that you SLOW DOWN, maintain your vehicle, and leave plenty of space between your car and the car in front of you.   If you were driving a safe speed and were in a car crash there could be another explanation what caused the crash.   That is why it is important to call an Oregon Personal Injury Lawyer.  

If you or someone you know has been injured in an Oregon Car Crash, please call me at 503.224.1658.  Ross Law LLC provides free Personal Injury Consultations.  Also, you do not owe a fee unless Jeremiah Ross recovers money from the bad driver(s).   Please remember this blog post is for information only.  It is not to be construed as legal advice.  This blog, this blog post, and this website may be considered ATTORNEY ADVERTISING!

Who Can be Held Liable if You Are Injured by a Rowdy Tailgater or a DUII Driver?

It is College Football season again.  Oregonians flock to Autzen Stadium or Reser Stadium to see their beloved Ducks and Beavers battle on the turf.  Here in Portland people flood into Providence Park to see the Portland State Pilots.  These fun outings can become tragic when alcohol, drugs, and/or stupidity meld together.  When that occurs  people can get hurt. That leads us to the question, who is liable for a person injured by an intoxicated person.  The obvious answer is the intoxicated person that actually injures another person.  However, the analysis does not stop here.

 Oregon's Dram shop law allows other people to be held responsible for the intoxicated person's actions.   This law allows a person injured by an intoxicated person to hold the social host liable for over-serving an intoxicated person.  Also, the bars around Providence Park in Portland should be aware they can be liable to a person injured by an over-intoxicated person if the visibly-intoxicated person was served alcohol while visibly intoxicated.   

Examples always make this easier to understand.   Imagine Jon is going to the PSU game and stops off at a bar for a drink.  Jon stays at the bar with his friends and becomes trashed.  He consumes eight shots of whisky in an hour and is struggling to stand.  The bar tender continues to serve him despite his rowdy behavior.  Jon then walks towards Providence to see his beloved Pilots play.  On the way he sees a person wearing a Montana Jersey.   Without provocation, Jon attacks the Montana Fan.  Jon seriously injured the Montana fan.  The Montana fan has a permanent brain injury and hundreds of thousands of dollars of medical bills.   Jon is prosecuted, but doesn't have any money, so the Montana fan has little hope of Jon ever paying his medical bills.  However, the Montana Fan's lawyer discovers Jon was drinking at a bar and was over-served.  The Attorney sends the bar the proper notice.  The bar's insurance policy may cover the Montana Fan's medical bills.   The bar may also be forced to compensate Montana Fan for all of his harms and losses from the beating, and the bar may have to pay the injured person Punitive Damages.  

Video Courtesy of youtube.  Ross Law Does not Condone fighting. Tailgate fight

Imagine another situation where Jenny is tailgating at the Ducks game.  She is at a tailgate party hosted by Marcia.   Marcia provided a few bottles of liquor and has cases of beer for anyone to drink.  Jenny gets into the Vodka, and Marcia keeps it flowing.  Marcia has a rule at her tailgates "Hell no H20," and continues to serve Jenny more and more alcohol.  Jenny begins to stagger around and vomits all over a neighboring tailgater's car.  Marcia gives Jenny one more Vodka Tonic as Jenny staggers off.  Jenny then gets into her car and attempts to drive to her aparment near campus.  Jenny begins to drive home and then veers off of the road and crashes into a group of students walking to the Duck's game.   The three students are seriously injured. Jenny's minimal $25,000/$50,000 policy limits is quickly subsumed by the students hospital bills.  One of the Student's Personal Injury attorney reads the police report and discovers that Jenny was drinking at Marcia's tailgate party.  The student's attorney sends a demand to Marcia for the "dram shop" liability.  Marcia's $1,000,000.00 umbrella policy covers the crash.  The attorney also believes the University was not providing adequate supervision because there were other reports of Marcia's guest being out of control and drinking heavily.  In fact, one of the Security Guards didn't do anything when another tailgater complained of the heavy drinking and was concerned Jenny may drive home.  The Student's attorney may now be able to prove a case of negligence against the Security Company and the University.  The student may collect maximum compensation for his injuries because all of the wrongdoers will be held accountable.

These are just two examples of social host and dram shop liability.   Anytime a person is injured by  a heavily intoxicated person social host or dram shop liability may come into play.  For more information about dram shop liability read my previous article.  It may assist an injured person obtaining compensation that would otherwise not be available.   These cases often involve assault and battery, sexual assault, rape, and DUII driving.  

If you have been injured, assaulted, or rapted as a result of a heavily intoxicated person in Oregon please call me at 503.224.1658 to discuss your case.  Ross Law provides Free Consultations.  We do not charge you anything unless we recover. Please remember this post is not to be considered legal advice. Also, please remember the law is constantly changing.  Please consult with an Oregon Personal Injury or Crime Victim Attorney at 503.224.1658 instead of relying on this post.  This Post, the web-site, and blog may be considered ATTORNEY ADVERTISING!

Is It Legal To Ride A Bicycle On A Downtown Portland Oregon Sidewalk?

Riding a bike in Downtown Portland can be intimidating at times.  There are numerous cars, there are one way streets, bike lanes abruptly begin and end, drivers are constantly turning right in front of you (think of the "right hook"), and you have to be constantly aware of getting "doored" by a driver opening their door in front of you.  Some people decide to avoid these dangers by riding their bicycle on the Downtown sidewalks. However, these people are breaking the law by riding their bicycles on the sidewalk.   Yes, that is correct it is illegal to ride your bicycle on the sidewalk in downtown Portland Oregon.  

This is due to the fact that the sidewalks are heavily congested in Downtown.  Also, cyclist that leave the sidewalk to cross streets often will dart in front of traffic.  A bicycle colliding with a pediestrian or vehicle can result in serious injuries.   As a result, Portland has enacted Portland City Code 16.70.320.  

“It Is Illegal to Operate a Bicycle Ride a bicycle on a sidewalk, unless avoiding a traffic hazard in the immediate area, within the area bounded by and including SW Jefferson, Front Avenue, NW Hoyt and 13th Avenue, except:

1. On sidewalks designated as bike lanes or paths;

2. On the ramps or approaches to any Willamette River Bridge; or

3. In the area bounded by the west property line of SW Ninth Avenue, the east property line of SW Park Avenue, the north property line of SW Jefferson and the south property line of SW Salmon Street.

4. For police or special officers operating a bicycle in the course and scope of their duties; or

5. For employees of the Association for Portland Progress and companies providing security services operating a bicycle in the course and scope of their duties. These employees must have in possession an identification card issued by the Chief of Police certifying the rider has completed a training course in the use of a bicycle for security patrol.”

— 16.70.320

What does this mean?  Well a picture is worth a thousand words.  See the map below to see exactly where it is illegal to ride a bicycle on the Sidewalk. 

DO NOT RIDE YOUR BICYCLE ON THE SIDEWALK IN THE RED AREA!

If you have any questions about where to ride your bicycle in Downtown Portland, please call 503.224.1658.   If you or someone you know is a cyclist who has been hit by a car, please call me at Ross Law LLC.   Please remember the law is constantly changing.  It is best to check the Portland City Code and DO NOT rely on this map or web-site as it may be OUTDATED.  Also this website, blog, and its contents are not to be considered legal advice but may be considered ATTORNEY ADVERTISING.   Please ride safely!

Do You Have to Give The Insurance Company A Recorded Statement After A Car Crash?

I often get calls from people that have been in  Oregon Car Crashes and asking if they need to return the insurance companies phone calls.   Insurance Companies hire people to take a "recorded statement" as soon as possible to lock you into your story.   These insurance company employees are typically friendly and persistent, but don't be fooled by their demeanor.  The insurance company employee is trying to get a statement to benefit the insurance company, not you.   There is not a clear answer of whether or not you have to give a recorded statement, because it depends on the insurance company that is calling you.  I'll explain that below.

In a typical car crash there are at least two cars involved.  We will call one car the "Bad Driver" and the other car is the "Good Driver."  Both the good driver and the bad driver are legally required to have insurance.   For the purposes of this example lets say Bad Driver has an insurance policy with Greedy Insurance Inc.  The Good Driver has an Oregon insurance policy with  Lizard Insurance Company.  Bad Driver crashes into Good Driver's car and injures Good Driver.

Good Driver notifies her insurance, Lizard Insurance, of the crash. Good driver makes a claim with Lizard Insurance for her "Personal Injury Protection Benefits."  to get her medical bills paid under her PIP policy.  Lizard Insurance then calls and asks for a statement under oath.   Oregon Law  provides authority for Good Driver's Insurance, Lizard, to take a recorded statement from the good driver.  Also, Good Driver has an obligation to cooperate with her insurance company under the Good Driver's insurance policy.  

However, things change if the Bad Driver's insurance company, Greedy Insurance Co., calls.  Greedy Insurance Co. does not have a relationship with Good Driver, so she has no obligation to speak with Greedy Insurance Co.   Good Driver does not need to return Greedy Insurance Company's calls, or give a statement to them.  Good driver has no obligation to provide Greedy Insurance Company any information.   Good driver only needs to cooperate with her insurance company, Lizard Insurance. 

Things get confusing with Bad Driver and Good Driver both have Oregon Insurance Policies with the same insurance companies.  You should call me at 503.224.1658 if you are unclear if you should be giving a recorded statement to the insurance company.  

Why Does It Matter If I Give a Recorded Statement to the Insurance Company?   Any information you provide to the insurance company will be used to benefit the insurance company, not you.  They will attempt to use your words against you in an effort to deny any claim you may have.  The insurance company has trained employees that may attempt to minimize your injuries.  For example, if they call the day after the crash and ask how you are doing and you say "fine."  The insurance company may use that statement that you are "fine" to deny any compensation for a crash related injury.  In short, these statements can be used to kill any personal injury case you may have. If you are not required to give a statement, then do not give the statement.  If you are unclear if you are required to give a statement call me at 503.224.1658 for a free personal injury consultation.

Please call a Personal Injury Attorney if you have questions about whether or not you need to give a recorded statement.  Call Ross Law LLC at 503.224.1658 for your free personal injury consultation.  Jeremiah Ross is happy to chat with people about their personal injury cases and any issues they may be having with insurance companies. 

This post is not intended to be "legal advice."  PLEASE CALL an Oregon Personal Injury ATTORNEY to discuss the issues brought up in this post.  THIS POST, other blog posts, this web-site, may be considered ATTORNEY ADVERTISING!

Ten Things You Should Know About Attorney Fees In Oregon:

As a Portland Oregon attorney, people often call me to ask how much it will cost for my firm to represent them.  This is a pretty good question and I am surprised that everyone doesn't ask it right away.  This is because attorney fees and costs in Oregon can vary dramatically from lawyer to lawyer.  Some large firms charge substantial hourly rates, while other firms can charge half that to perform the same task.  Legal Consumers should educate themselves before meeting with an attorney.   The list below should provide you with helpful information to educate yourself before hiring an attorney:

1:What Is The Difference Between a "Fixed Fee," "Hourly Fees", and a "Contingency Fee?"  

Fixed fees are fees that are paid to the lawyer to perform a specific task to represent you for a certain amount of time.  Many criminal lawyers charge a fixed fee.   For example, a lawyer that charges $1,500.00 to take DUII case up to trial would be charging a Fixed Fee.  The lawyer then may charge an additional fixed trial fee to represent the DUII client in the trial.  These fees are "earned upon receipt" and you would pay $1,500.00 for the lawyer to represent you and nothing more.   

An Hourly Rate is very common.  Many lawyers that represent business clients or persons with family law matters will often charge an hourly fee.  For example, the lawyer may spend three hours drafting a letter for you and charges $200.00 an hour.  You would pay the lawyer $600.00 for the service.  Most hourly rate attorneys will require a retainer.

A Contingency Fee is very common in Personal Injury cases.  With a contingency fee, the lawyer will not receive a payment unless the client collects money from the other side.    I represent people on a contingency fee in Personal  Injury cases and Crime Victim cases.   I also typically represent people who get ripped off by car dealers on a contingency basis.   Usually the attorney will get a percentage of the amount received by the other side. For example, if you received $100,000.00 from the other side before we filed a lawsuit I might receive a fee of 33% ($33,000.00) out of that $100,000.  I have a different model with the auto fraud cases.  

2:  Why is The Contingency Fee In Oregon Usually 33%?  There is not a specific reason for this.  However, the attorney is engaging in a risky en-devour.  The attorney in a contingency case is fronting their time and usually their money with the hopes they win and collect from the other side.  If the attorney loses your case the attorney will lose all the time and effort they put into the case.  The attorney or their law firm may also lose the thousands of dollars in costs that were paid on your behalf.  Also, the fee percentage may increase, because the risk of losing the case may increase.  

3:  What are "Costs" and Who Pays Them?  Costs are in addition to the attorney fee.   Costs are amounts that are paid to others to prosecute your case.  For example, if the attorney has to take depositions and have the depositions transcribed someone must pay the court reporter to do this.   Many attorneys have their clients pay costs, and demand a "retainer" (see below) to draw from.  In Personal Injury cases and Crime Victim cases my firm usually will front costs.  What this means is that I hope we win and then my firm will be reimbursed the costs out of any settlement or award.   In other words, the client does not have to pay anything for representation until after the trial in a personal injury or crime victim case unless we win.

4:  What is a Retainer?  A retainer is a lump sum the lawyer requires to draw funds out of.  Think of it as setting up a bank account with the lawyer.  Most hourly lawyers want a retainer, and some contingent fee attorneys want a retainer to pay costs.   They will bill a certain amount of hours and then send you an accounting at the end of the month.   For example, an attorney is representing you in a business dispute.  The attorney requests a $3,500.00 retainer.  The attorney charges $300.00 an hour and spent 10 hours on the case.  The attorney will be paid $3,000.00 out of the retainer.   The attorney also paid the court $500.00 to file the lawsuit.  As a result, the $3,500.00 retainer is gone.  Most likely the attorney will ask you to replenish the retainer and deposit another $3,500.00.  

5:  What Percentage Do Oregon Attorneys Typically Charge for a Contingency Fee?   Typically in personal injury cases and crime victim cases attorneys will charge 33% of the amount recovered.  However, most attorneys will increase the percentage charged as the case progresses.  For example, the attorney may charge 33% of any amount recovered before a lawsuit is filed.  The fee might jump up to 40% after a lawsuit is filed.  This is due to the fact a lot more work needs to be done after a lawsuit is filed.   

6:  I Don't Have Money To Pay An Attorney, Can I Still Get an Oregon Attorney?  That is a difficult question to answer, because it depends on the type of case you have.   If you have a personal injury case or a crime victim, then you probably can get an attorney even if you can't afford it.  This is because those cases are taken on a contingency.  Also, in Oregon a criminal defendant that does not have money for a lawyer may have the Judge appoint a lawyer for them.  However, if you have a family law case then you may not be able to obtain free representation.   Some organizations provide representation to people that cannot afford a lawyer.  Call me  at 503.224.1658 if you have an Oregon personal injury case, or you are a crime victim, or have an auto dealership fraud case. If you have another type of case you may want to call the Oregon State Bar Lawyer Referral Service at 800-452-7636. 

7: Do Attorneys Negotiate Attorney Fees? Some people try and negotiate the attorney fee with the attorney.  For example, they may want an attorney to represent them in a personal injury case, but will not agree to pay a contingency of more than 25% of the amount recovered.  Most attorneys do not typically negotiate their attorney fee, but there are always exceptions.  

8:  How Will I Know if the Attorney is Charging a Contingency Fee?  The attorney must disclose what type of fee they are charging in a written fee agreement in Oregon.  In fact there is a law regarding what an attorney must do when entering in a contingency fee agreement.  (See ORS 20.340)  You should read the agreement carefully, it should be easy to read, the attorney should also explain it,  and you should ask questions.  

9:  Can I Back Out of An Attorney Fee Agreement After I Signed It?  Typically yes.  In fact, if you signed a personal injury contingency fee agreement you have the legal right to rescind the agreement within 24 hours after signing it. (see ORS 20.340) If you back out of a personal injury contingency fee it is important to remember to notify the lawyer in writing.  However, in other cases the attorney may still charge you for any work performed even if you back out.

10:  Will I Recover My Attorney Fees If I Win?  It depends.  Typically in Oregon the loser will have to reimburse you for your allowable costs.  However, unless their is a right to collect attorney fees under a law, a contract, or some other agreement you  will  usually not be able to recover your attorney fees from the other side.  Call me at 503.224.1658 to discuss what types of cases typically allow for recovery of attorney fees.   

 If you or someone you know has needs an Oregon Lawyer please contact attorney Jeremiah Ross at 503.224.1658.  If Ross Law cannot assist you they will do their best to finds someone that can assist you or try and point you in the right direction.  

Please Read This Disclaimer!  Please remember that this information is not to be considered "legal advice" and you should always check with an attorney or the Oregon State Bar regarding the issues brought up in this post.  The law is always changing, so some things in this post may be out-dated.  Also, this post is intended for people who are seeking Oregon Attorneys.  Lastly this post, rosslawpdx.com, and this blog may be considered ATTORNEY ADVERTISING.  

What is the Difference Between a Civil Case and a Criminal Case?-15 Things Oregon Crime Victims Should Know

As a former prosecutor I rejected or "no complainted" various criminal cases.   Many of these cases lacked evidence to prove beyond a reasonable doubt that the suspect had committed a a crime.   Sometimes these were big cases that involved sexual assault, rape, assault, battery, or wrongful death caused by a negligent or DUII driver.   Those cases were always difficult to reject, because there was a victim that had been harmed, but there just wasn't enough evidence to support pursuing a conviction.   That meant that the wrongdoer would never be punished for the harm that they caused.  However, many of those cases would have been great Civil Cases.  That means the injured person or their estate could have received compensation (money) for the harms that the wrongdoer inflicted, even if the wrongdoer was never charged with a crime. 

Civil cases are much different than criminal cases. It is very important for a person that has been the victim of a crime to understand the difference between the two, so they can know all of their legal rights. Below are some of the main differences between Civil Law and Criminal Law in Oregon: 

1. What is The Main Difference Between a Civil Case and a Criminal Case In Oregon? Civil cases are about holding the wrongdoer(s) accountable by compensating the victim.  Basically the wrongdoer(s) are ordered to pay the victim for the harms and losses they caused the victim.  In Criminal Cases the case is about holding the wrongdoer accountable by punishing the wrongdoer.  Basically the wrongdoer goes to jail, is on probation, or is put in prison.  In a Civil Case the focus is on the harms and losses the wrongdoer caused the victim.  In a Criminal Case the focus is on the acts the defendant committed that violated the law. 
2. Is There A Civil Case If The Person Is Being Charged With A Crime?  In a civil case an injured person files a lawsuit against the person(s) or entities (government organizations or corporations) that caused the harm.  Being charged with a crime does not trigger a civil lawsuit.   In a Criminal Case the DA files documents to attempt to convict the wrong doer of a crime.  That does not trigger a civil lawsuit.  To Trigger a Civil lawsuit a person, usually a civil lawyer, files a complaint on behalf of the victim who is called the Plaintiff.
3. Is The DA My Lawyer If I Was A Crime Victim?  In a Civil Case the injured person has their own lawyer that represents only the injured person(s).  In a criminal case the State of Oregon has a "prosecutor" (sometimes called a DA) that represents the State.  The Prosecutor may take the victim's wishes into account regarding plea bargains and other issues, but at the end of the day the Prosecutor does not represent the victim.  In a civil case the civil lawyer only looks out for the crime victim's interest.
4. Who Is the Victim's Advocate in a Criminal Case?  In Oregon the Victim's Witness Advocate is an employee of the District Attorney's office.  They do a great job of attempting to keep victims informed of what is going on in the Criminal Case, and trying to create a dialogue between the victim and the prosecutor handling the case.  Victim Witness Advocates often will advise victims of criminal court dates (bail hearings, trial dates, sentencing dates), and will often inform the victim of their rights in the criminal proceedings.  However, this does not always happen with every case.  
5. Do I Get A Victim's Advocate in a Civil Case?  Yes.  In a civil case your lawyer is your advocate.   There is not an employee of the government that will advocate on your behalf.  You will have a lawyer that is pursuing your case for you and asserting your rights. 
6. Can I Get A Civil Lawyer To Be My Victim's Advocate In A Criminal Case?  Yes, as the victim of a crime you have a right to have a civil lawyer as your representative.   This is strongly encouraged to ensure the victim's rights are honored.   However, 
7. The DA "No Complainted" My Case, Will A Civil Lawyer Take The Case?  It depends, it maybe that there is not enough evidence to hold the wrong doer(s) accountable in a civil case.  It may also be that none of the wrongdoers has any money, so it would not be worth pursuing a lawsuit because at the end of the day no one would receive any compensation.  It is best to call a lawyer like myself at 503.224.1658 to discuss your civil case.
8. The DA Said There Wasn't Enough Evidence To Prove My Criminal Case, So How Would We Win a Civil Case?  One of the main differences between a civil case and a criminal case is the burden of proof.  In a criminal case the state must prove the wrongdoer committed a crime beyond a reasonable doubt.  That is the highest standard of proof.  In a civil case the standard is typically much lower.   To win your civil case you only have to prove your allegations by a preponderance of the evidence.   What this means is that you only have to show that more likely than not a person or entity caused your harm.  This is much easier, and you don't need the same amount of evidence to prove the case. 
9. Can I Collect Money From The Criminal Defendant To Compensate Me For My Harm?  It Depends.  First, most DA's will only pursue out of pocket losses (think property damage, hospital bills, therapy bills) once their is a conviction.  What this means is that a crime victim typically cannot receive money for the hell the event has caused them (think: pain, anxiety, embarrassment, shame, humiliation, and interference with daily activities).  In a civil case you can be awarded money for all the hell the person put you through.   In limited circumstances the DA may be able to get an award of a "compensatory fine" that allows the victim to collect money for non-out of pocket losses.  However this is rarely done.  You should speak to a Civil Crime Victim's lawyer, such as myself, if you are interested in pursuing this.  Call 503.224.1658.
10. Can I Have A Civil Case While the DA Is Prosecuting the Criminal Case, Or Do I have to Wait?   A crime victim in Oregon can have a civil case and a criminal case in the court at the same time.  However, that doesn't mean the cases will be on the same track.  Lawyers would be different, dates and hearings would be different, and judges may be different in the civil and criminal case.   There are numerous strategies that people consider regarding when to file a civil case, so you should consult with a Civil Crime Victim's lawyer. 
11. Can A Civil Lawyer Get a Settlement With the Person Being Charged with a Crime Before Filing a Lawsuit?  Yes!  It is often very helpful to have a civil lawyer  representing the crime victim, so the Civil Lawyer can attempt to resolve the case before filing a Civil Lawsuit.  Sometimes this can occur while the DA is still prosecuting the wrongdoer in the criminal case.  
12. I Believe A Corporation or Government Entity Caused Some of My Harm, Can I File A Civil Lawsuit Against Them Even if an Actual Person Committed the Crime?  Yes, if the evidence merits it.  This happens all of the time.   As a Civil Crime Victim's Lawyer I have filed a lawsuit against multiple corporations and a rapist in the same lawsuit.   We sued the corporations because they negligently hired the rapist and my client was raped while he was on the clock.   This scenario can come up with teachers sexually assaulting or molesting children, DHS failing to protect children, Hospitals allowing physicians to work after receiving complaints the physician had sexually assaulted a person, a bar that hired a bouncer that beat a person senseless, and a bar or social host that over-served a DUII Driver that caused a crash.   These are just a few of the countless examples.  
13.  Can I File A Civil Lawsuit After The Wrongdoer Is Convicted of A Crime?  Yes!  In fact most of the time that is when most civil lawsuits are filed against the wrong doer.  Just because a person is convicted doesn't mean you can't still pursue a civil lawsuit against them to seek money to compensate you for the hell they put you through. 
14. The DA Said The Statute Of Limitations  Ran on The Case, Can I Still File A Civil Lawsuit?  It depends.  Sometimes the criminal statute of limitations for a misdemeanor in Oregon may be as short as a year.  Most Civil Personal Injury lawsuits must be filed in two years.   Therefore a Civil Lawyer may have an extra year to hold the wrong doer accountable.  Other statute of limitations involving sexual assault, molestation, sexual abuse are very complicated and a Civil Lawyer should be consulted with.
15. If I Receive Money From The Oregon Crime Victim's Compensation Fund Can I File a Civil Case Against the Defendant(s)?  Yes.  Oregon has a fund that will pay medical bills and therapy bills for crime victims in some circumstances.  If a person receives benefits from the Crime Victim's Compensation Fund, and later collects money from the defendant in a civil lawsuit or settlement then the Fund must be repaid. 

If you or someone you know has been the victim of a crime and want to file a civil lawsuit call Oregon Crime Victim Lawyer Jeremiah Ross at 503.224.1658 for your free consultation.  Ross Law LLC is happy to assist crime victim.    Please note there are numerous differences between civil law and criminal law, and the law is constantly changing.  

Sexual Assaults, Assault, Battery-Civil Law Can Help When The Criminal Justice System Fails

Many people have heard the story of Brock Turner.  Turner was a all-star swimmer at Stanford.  He was also a sexual predator that raped a young unconscious woman.  The story hit national news, because the judge went lenient on Turner.  Turner served three months for raping a woman.  The victim wrote a scathing letter regarding the light sentence. I think most people would agree the criminal justice system failed the young woman in that case.  

Despite the Criminal Justice system failing, the young woman still has options.    She can file a civil lawsuit against Turner for sexual assault, assault, intentional infliction of emotional distress. If she won, Turner would have to pay her for the hell he caused her.  Also, Stanford or another organization may be civilly liable if they knew Turner had a propensity to sexually assault women, but ignored it.  Others may be liable too.  For example, if Turner was heavily intoxicated and was over-served then whoever over-served him alcohol may be civilly liable.  What all this means is that the young woman can use the Civil Justice system to hold each and every person and entity accountable for their actions and inaction that lead to her rape.  That means she can sue for money damages to compensate her, and punitive damages (damages to punish people) as well.  

People may say that Turner may not be worth suing because he is not going to have any money.  He is now known as a sexual predator, so he is not going to have a successful career.  However, a lawyer may still take the case in hopes that Turner will be forced to pay.  He is young and his wages may be garnished for decades.  Arguably his debt for the rape couldn't be discharged in bankruptcy.   More importantly, every month he will be reminded of the hell he put this woman through when he sees a certain amount of money coming out of his bank account.  

The Justice system is NOT perfect.  Mistakes will be made and there will be injustice.  However, people need to remember that the Civil Justice System should be a valuable tool for victims of sexual assault, rape, assault, and battery.  Although being awarded money damages will not bring the victim Justice, it may help soften the blow. 

If you or someone you know has been a victim of Rape, Sexual Assault, Assault, or Battery, call Portland Oregon Crime Victim Attorney Jeremiah Ross at 503.224.1658 for a free consultation.   I am  happy to explain the process to you at no cost.  Please call Ross Law LLC to learn your victim's rights and hold all wrongdoers accountable.