Be Careful in Parking Lots! Crashes and Injuries are more Common Than You Think

“On average at least 60,000 are injured and 500 or more die in the 50,000 plus crashes in parking lots and garages every year”

— The National Safety Council

Many people enjoy the chaotic scavenger hunt that the media has dubbed "Black Friday."  Black Friday is a day of deep discounts at retailers but it also a day of pure chaos on the roads.   Traffic around major retailers and shopping centers is usually backed up. Parking spaces are impossible to find.  Drivers are anxious and frustrated because they cannot get into the stores to shop.  Shoppers are also tired because they have been up to catch the early deals. Drivers and pedestrians are also distracted by their cell phones and other devices.  These drivers and pedestrians have also become complacent based on the false assumption that parking lots are safe.  All of these circumstances lead to a very dangerous situation for drivers and pedestrians.  

The National Safety Council has researched parking lot crashes.  The Council determined that one in five car crashes happen in parking lots.  The researches noted that the leading cause of the crashes is distracted driving and walking.  This is due to the fact people have a false sense of security in parking lots due to the slow speeds most people are traveling at.  However, even a crash at slow speeds can have tragic results.  

The council noted that that on average 500 people die in parking lot and garage crashes every year.  Approximately 60,000 people are injured in parking lot crashes every year.  The council also determined there are roughly 50,000 car crashes in parking lots and garages a year. These are surprising  and scary statistics that I ask you to keep in mind when you think about using your cell phone in the parking lot.

If you or someone you know have been injured by a vehicle in a parking lot please call me at 503.224.1658 to discuss your case.  Ross Law LLC offers free personal injury consultations.  It is usually imperative to retain a lawyer if you have  been injured in a parking lot,  because insurance companies make "low ball" offers.   Please note Ross Law is not affiliated with the National Safety Council. Also please note the statistics have not been vetted by Ross Law or any attorney at Ross Law.  If you have questions about them please contact the National Safety Council.   Lastly this post is not to be considered legal advice.  Please contact a personal injury attorney if you have been injured in a crash, and do not rely solely on this post.

Thanksgiving Travel Tips-When Oregonians Should Drive to Avoid The Traffic

It is hard to believe Thanksgiving is already here.  Millions of people are gearing up to hit the road to travel to see family and friends.   Here, in Oregon the forecast looks wet (imagine that) and there is snow predicted to be a the mountain passes.   Wet weather conditions, poor visibility, frustrated and anxious drivers, and distracted and drowsy drivers all create the perfect storm for car crashes.  However, you can reduce your risk of being in a crash if you simply avoid much of the traffic. 

 Waze is a cell phone navigation app.  The app tracks drivers' speed, direction, and driving habits.   Waze does an incredible job of capturing and analyzing data to assist travelers predict travel patterns. Waze has monitored traffic for the past couple of years and has predicted when people should travel to avoid the Thanksgiving traffic. Waze believes the best and worst times to travel are:

• Tuesday, November 22, 2016:  Avoid being on the road between the hours of 12PM and 6PM.  Especially between 4 pm and 6 pm.  It would be best to leave early or wait until after the 6 PM traffic thins out to hit the road. In the Portland area, most traffic does not thin out until about 630 PM.
• Wednesday, November 23, 2016: Your odds of being in a car crash increase by 33% if you choose to travel on Wednesday.  Waze suggests avoiding the road in the late morning to the end of the day.  Most people travel on Wednesday, so it would be best to try and get an early start on Wednesday to avoid the traffic and the increased risk of being injured in a crash.
• Thursday, November 24, 2016:   Thursday is a great day to travel, but it is also Thanksgiving.   Most people are already at their destinations, so there really is not much traffic on the road.  However, those that are traveling please be careful of the Drunk Drivers on the road.  If you suspect a person is DUII on the road call the police immediately and keep your distance. 
• Friday, November 25, 2016:  Waze's data notes that Friday is a great day to travel.  However, we all know from experience that driving around shopping malls and other stores can be a nightmare on "Black Friday."   The Woodburn Outlet Mall usually has traffic backed up in the right lane of I-5 for a long distance before the exit.  Areas around the Washington Square Mall  also become congested.    These areas are particularly dangerous because of the amount of frustrated and anxious people on the road.   
• Saturday, November 26, 2016:  Waze notes Saturday is a great day to drive.   There shouldn't be much traffic that date, so it may not be a bad idea to hit the road early.  
• Sunday, November 27, 2016:  Waze predicts on Sunday there will be 100% more car crashes than usual.  Traffic Jams increase by 240%.   The bottom line is that driving between 11:00 AM and 6:00 PM is a terrible idea.  
• Monday, November 28, 2016:  Monday is predicted to be a great day to drive.  Waze only advises that the highest increase of vehicles on the road will be at around 3:00 PM. 

I hope everyone reaches their destinations safely and without too much stress and frustration.  However, should the unthinkable happen and you find yourself injured in a car crash, please call me at 503.224.1658.  Ross Law LLC is happy to provide Free Personal Injury consultations.  Please remember the data above is provided by Waze.  Ross Law LLC is not affiliated with Waze,  and has not vetted any of the data.  If you have issues with the predictions, please contact Waze.   Also, please remember that applications such as Waze can be very distracting to drivers and can cause car crashes.  Please keep your eyes on the road if you are using Waze and listen to the voice commands.  

Ross Law wishes the Marine Corps a Happy 241st Birthday!

On November 10, 1775 the United States Marine Corps was born.  Marines have been fighting on behalf of others every day since.  Every November 10 United States Marines around the world take time to celebrate the Marine Corps and reflect on their service.  

I was fortunate to serve in the Marine Corps decades ago.  Each year on November 10, I take time out of my day to briefly reflect on my service in the Marine Corps. This is a time of the year to catch up with old Marine friends and reflect on the skills and knowledge I obtained in the Marine Corps.  I didn't have a desk job in the Marine Corps.  I was a basic infantryman, so I didn't learn any office skills or other skills you would think may help a lawyer.  

“When the Continental Congress stood up two battalions of Marines in 1775, a culture of
discipline, vigilance, professionalism, and military excellence was born that has characterized
our Corps for nearly two and a half centuries. As Marines, we have a profound respect for our
traditions and heritage, and for taking care of each other. ”

— Robert B. Neller General, U.S. Marine Corps Commandant of the Marine Corps

However, I regularly draw from the skills and knowledge I obtained as a Marine to represent people injured by the negligence of others, crime victims, and consumers.  The Marine Corps taught me to adapt and overcome all odds.  I was constantly pushed to do more with less. Marines are not intimidated, even when the odds are heavily stacked against them.  Marines never quit.  Marines are expected to figure out a solution despite what many people perceive is an "impossible task." 

These lessons I learned in the Marine Corps are invaluable today.  As a plaintiff's personal injury lawyer, I am always out-gunned and out-numbered by  insurance companies and their high priced lawyers.   I don't have the hundreds of millions of dollars that an Insurance company has to finance a case, so I am constantly tasked with doing more with less and getting results.  I thrive on the fact that I am regularly an under-dog.  A fancy office building or a grumpy old lawyer that barks at me does little to assist their client. I am not intimidated by the prospect of a Jury trial, and have the discipline and drive to  continue litigating even when the case becomes difficult.   All of these lessons cannot be taught in law-school, in a seminar, or by working on the top-floor of a high rise Portland office building.  They were all learned while serving alongside my fellow Marines. 

If you served in the Marine Corps, then Happy Birthday. If you know a Marine then wish them a Happy Birthday.  It means a lot.  If you served in the Marine Corps or another branch of the military and have a legal issue then call me at 503.224.1658 for your free brief phone consultation. If I don't practice in an area I will do my best to find you someone that does.  

Dos and Don'ts of Driving in Oregon's Fog

The rain has finally left us for a few days. However, this morning's commute was hindered by a thick layer of fog throughout the Portland metro region.   Driving in fog can be very dangerous if people do not adjust their driving techniques.  Things happen very quickly in the fog.  As the video below shows people can be seriously injured by driving too fast in thick fog.  .

Click on Video To See What Happens If A Person Drives Too Fast In Thick Fog!

1)  SLOW Down!  It should go without saying, but people often drive too fast for conditions.  Fog can be difficult to drive in because it can suddenly become very thick completely obscuring visibility.  Remember you can get a traffic ticket for driving the speed limit if an officer believes you are driving too fast for conditions.  Read my previous blog article for more information.

2)   Be On The Look Out for Cyclist and Pedestrians!  Cyclist and pedestrians are already difficult to see in low light situations.  Fog can compound the issue.   Additionally, drivers may cross the white line (fog line) on the right side of the road that divides the bike lane from the traffic lane because they are concerned that they will get in a head on collision.   Driving close to the fog line is very dangerous especially in areas where cyclist and pedestrians are along side the road.

3)  Use Your Low Beam Headlights! Thankfully most drivers use their headlights in low visibility situations.  However some drivers instinctively use their high beams when driving in the fog.  I guess the theory is you can see better through the fog if you have a brighter light shining.  The exact opposite is true.   High beams cause the light to reflect and refract off of the fog and makes it very difficult to see.  A driver can create a more dangerous situation if they are using their high beam headlights in the fog.

4)  Remember to Turn off Fog Lights When On-Coming Traffic Approaches!  Many vehicles are equipped with fog lights. These bright lights are directed low at the road and can increase visibility for the driver.   NEVER substitute fog lights for headlights.  You should use both.  Oregon has very specific laws regarding fog lights.  The Oregon Department of Transportation (ODOT) has advised that people should turn off fog lights when they are within 300 feet of oncoming traffic during low light situations.  A low light situation is at night, dawn, or dusk.   ODOT asserts that fog lights are very distracting to on-coming drivers. 

5)  If it is difficult to See The Yellow Lane Divider Try Concentrating on the Fog Line!  As a teenager I learned to drive on the coast.  Fog constantly blanketed the little town I lived in.  I was forced to learn very quickly how to drive in very think fog.   My father thought me a trick that I have relied on for decades.   It turns out that this is a well known trick that ODOT recommends.  Sometimes the center yellow line is difficult to see or a driver will focus too much on it.  On coming traffic can make the situation worse, especially at night.   That is where the fog line comes in.  The fog line is the white line to the right side of the road.   I have found it is much easier to focus on the fog line in dense fog.  You don't get temporarily blinded by on-coming head-lights and you do not find yourself hugging the yellow lane divider.  However, this trick can create issues if you are in an area where cyclists and pedestrians are on the side of the road.   It is very important to remember to give them enough room.    

I hope these tricks are useful and help you drive safely in Oregon's fog.  However, should the unthinkable occur and you are injured in a crash please call me at 503.224.1658.  Ross Law LLC is happy to provide free personal injury consultations to Oregon Drivers.  Please remember these suggestions are based on my personal experience and are not legal advice.  This post is intended for informational purposes only.   Also, please remember this blog, this article, and this web-site can be considered attorney advertising. 

Be Safe on Halloween: Tips to Keep Your Kids Safe

Halloween is here again.   Each year gets more and more fun as my little toddler gets older and older.  This year my son is going to be a pumpkin.  He is so excited because he is finally old enough to run around the neighborhood and go trick or treating.  Although my wife and I can't wait to see our little guy trick-or treating, we are also a little anxious because Halloween can be a dangerous time for little kids to be out and about.  This is due to the fact that DUII Drivers are all over the road, mischievous teenage drivers are on the roads, and drivers are distracted by the folks walking around in costume.  Mobs of kids are also everywhere and some are not paying attention to their surroundings. These factors create a perfect storm for an injury to occur.   Many of these injuries can be preventable. Here are a few Halloween tips to help you protect the little people when they are out and about:

Visibility:  It is common sense that a child dressed as a Ninja or in Camouflage will be difficult to see.  However, every year I see a child dressed in all black without any reflective strips or lights to increase their visibility.  This creates the obvious risk of a car injuring your child.  It is best to ensure your child is visible by giving them something that glows or lights up to help motorist see them.  At a minimum put reflective tape around their ankles and wrist where it is visible to others.  Additionally, children and parents should be able to see out of the mask they are wearing.  Limiting your visibility can hinder your ability to keep an eye on your little ones as they run from house to house.  

Tripping:  Kids and parents often find themselves standing on unfamiliar porches littered with  pumpkins and other Halloween decorations.  It is important that you pay attention to these tripping hazards, so you and your child can avoid being injured by a fall caused by tripping over these objects.  Also, sidewalks covered with leaves can cause a person to fall and be injured.  Slow down and watch your step when walking on dark leaf covered sidewalks, and let your kids know they should slow down and watch their step.   At your house you should ensure the pathway is clear to your front door and you do not have any tripping hazards.  Remove slippery leaves and ensure their is sufficient lighting for people to see where they are walking.  

The Street:  The Street is an obvious danger to most, but many people live on quiet streets that do not have a lot of traffic.  Children become complacent and often play in the street or run across the street without being cognizant of the dangers involved. A tragic example illustrates the dangers of playing near the street. Two children  were seriously injured and killed after being struck by a car as they were playing in leaves piled up in the street adjacent to the sidewalk in front of their house.  The Driver for some reason veered into the leaves, ran over the children, and fled the scene.  These unthinkable tragedies happen and the only way to prevent them is to do your best to keep the kids out of the street and ensure they are aware that they absolutely cannot be in the street on Halloween night. 

Stay Close to Your Little Ones:  My son is just starting to understand the dangers posed by cars, so it is up to me to look out for his safety.  Parents are always doing their best to look out for their children, but sometimes they may let their little ones get too far from them to react to a dangerous situation.  This is very true when people are in their own neighborhood, because people often become complacent in their neighborhood. On Halloween, it is always a good idea to keep your little ones extremely close and walk all the way to the door with them.  Keep your body between them and the street, so if they do dart out into the street you are in a position to prevent them from going into the street. 

Halloween should be a fun time for all, and you should not have to spend the night in the hospital worrying about your little one’s injuries and the tens of thousands of dollars in medical bills. Being aware of the dangers can help you prevent yourself and your little ones from being injured by the negligence of another.  I wish you all a safe and Happy Halloween!

If you  believe you were injured by the negligence of another call Ross Law LLC and Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  Please remember this post is for informational purposes only and does not constitute legal advice.  Also, please remember that this post does not create an Attorney client relationship.  

Can an Oregon Dealer Sell a Vehicle with the "Service Engine Soon" light illuminated?

 I frequently receive calls from people asking about whether or not an Oregon car dealer can lawfully sell a vehicle that has a "Service Engine Soon" light illuminated.    As with many legal issues there is not a clear cut answer to this question.   Typically it is unlawful for a vehicle dealer to sell a vehicle that has the service engine soon light illuminated to a person that will be registering the vehicle in the Portland or Medford Metro Region.  In other words, in most cases if a dealer sells a vehicle to a person living in certain places then the vehicle cannot have a service engine soon light illuminated.   If the purchased vehicle has a service engine soon light illuminated then it is most likely a violation of the Unlawful Trade Practices Act if the vehicle will be registered in the Portland or Medford Metro Region. (ORS 646.608 (1)(u) via Oregon Administrative Rule (OAR) 137-020-0020 (3) (o) see Commentary)

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Image from Oregon DEQ Website

Here is a breakdown of the law:

The Law:  OAR 137-020-0020 (3) (o)'s Official Commentary states: "When a dealer sells a vehicle to an individual that is registering the vehicle in a metro area that requires that the vehicle pass DEQ emissions testing to be roadworthy, the dealer must ensure that the vehicle can pass the DEQ emissions test at the time of sale."

The DEQ Inspection:   The Oregon DEQ operates a Vehicle Inspection Program in the Portland and Rogue Valley areas of Oregon. In these areas, an emissions test is required when registering or renewing a vehicle with Oregon DMV. (ORS 803.350 (4)) The DEQ notes vehicles are the number one source of air pollution in Oregon. Emissions can lead to high smog levels and contain air toxics, carbon monoxide and greenhouse gasses, which can have a variety of effects on Oregonians. The DEQ claims the vehicle Inspection Program is a successful, cost-effective way to reduce air pollution and maintain good air quality.    

The Service Engine Soon Light:  The "Service Engine Soon" light or "Check Engine Soon Light" are lights that are intended to alert drivers there is a problem with the vehicle's On Board Diagnostics (OBD). Sometimes the warning light is simply an illuminated engine symbol. These lights often illuminate when there is an issue with a key engine component or the emissions system.   That is why they are called Malfunction Indicator Lights (MIL). If MIL lights blink or flash then it may indicate a serious engine malfunction.  Some of these issues are quick fixes, but many times they are not.    When there is a problem then the vehicle will issue a "Diagnostic Trouble Code" (DCT) and store it in the vehicle's computer memory.  This code aids a qualified service technician in diagnosing and repairing the problem.  

The DEQ Inspection and The Service Engine Soon Light:  The DEQ will not issue a certificate to a vehicle that has a Malfunction Indicator Light (MIL) illuminated. This is due to the fact the DEQ tests the vehicle's On Board Diagnostics (OBD) on vehicles that are 1996 or newer.  The OBD is a Computer that tracks if the vehicle has any issues. The OBD monitors misfires, the fuel system, certain engine components, the catalytic converter, the oxygen sensor and heater, and EGR valves.  The OBD will trigger the MIL if any of these systems have a problem.   As a result, the vehicle cannot pass DEQ if the MIL is illuminated because the MIL indicates there is a problem with the vehicle's key components or emissions systems.  Therefore, a vehicle with a MIL light illuminated is not "roadworthy" as mandated by (OAR) 137-020-0020 (3) (o).    

Where are the Metro Regions requiring a DEQ Emissions Test:  The DEQ has specific boundaries for the Metro Regions requiring testing.  The Metro Regions requiring DEQ inspections are areas surrounding Portland and Medford (aka Rogue Valley Area).  If you live inside those boundaries and will be registering your newly purchased vehicle then your vehicle must pass a DEQ inspection in order to be "roadworthy."  

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Click on the Image To See If You Are In A Metro Region requiring a DEQ Inspection 

Not All Vehicles Need to Pass DEQ In Order to Be Registered:  Some vehicles do not need to pass the DEQ inspection due to the vehicle's age, type, or where the vehicle will be registered. For more information see DEQ Web-Site or OAR 340-256-0300.

What if The Service Engine Soon Light Illuminates Shortly After Purchase:  A service engine soon light that illuminates shortly after purchase is often indicative of a recent "reset" of the OBD.   Sometimes a vehicle's OBD can be reset by simply removing the battery.   Also   "diagnostic trouble codes" can be reset.  If that is done the MIL will often be turned off once the battery is reconnected.  The vehicle then needs to drive through a driving cycle to determine if there is a problem.  Sometimes this may take a few miles, other times it may take a week or so.  The vehicle's OBD will indicate it is "not ready" if the vehicle is re-diagnosing any issues and is in a drive cycle.  If the vehicle's OBD indicates "not ready" at the DEQ then this is a good indication the vehicle's OBD has been reset recently and prior to the sale. This may be a violation of ORS 646.608 (1), OAR 137-020-0020 (3),  ORS 815.305, and other state and federal regulations.   

The Law Prohibits Disconnecting or Altering Pollution Control Equipment:   If a person disconnects the battery in an effort to reset the OBD then they may be breaking the law.   It is against the law for a person to disconnect or permit someone to disconnect vehicle air pollution devices.  It is also against the law for a person to modify or alter factory installed pollution control systems in a manner that reduces its efficiency or effectiveness.  There are some exemptions to this law.  (See ORS 815.305 for details)

There are many issues that can arise if a vehicle is sold with a service engine soon light illuminated.  Sometimes it is not illegal for a dealer to sell a vehicle with a MIL illuminated, while other times it is.  It is best to consult with a lawyer at 503.224.1658 if you think you were sold a vehicle unlawfully.  At Ross Law LLC we regularly represent consumers that have issues with vehicles being sold with service engine soon lights illuminated.  Also, please remember this post is not considered legal advice, call a lawyer for legal advice.  Furthermore, the law is constantly changing, so please do not rely solely on this post.  Rely on the text of the actual laws, regulations, and rules that apply to your situation.  

Why Is It Important To Remove Leaves From Your Sidewalk?

Fall is here in Oregon.  The nights are cooler, the days are shorter, and the leaves are changing colors.  Many trees are also losing their leaves creating a colorful landscape carpeting lawns and sidewalks.  However, this year we have had record rainfall.   Many of these leaves have become slimy mess blanketing roads, sidewalks, and lawns.   Many people rake the leaves up because they get tracked into the house, and it is also pretty fun for kids.  However the number one reason you should remove leaves is leaves can create a fall hazard for people walking or running on sidewalks and driveways. That is why in most cities the law requires people to remove leaves from their sidewalk.  Yes, that is correct if you don't remove leaves from the sidewalk then you may be breaking your city's or county's laws.      

Many Oregon cities and counties have rules obligating property owners to remove leaves and other debris from the sidewalks and driveways.  If the property owner fails to remove the leaves then the property owner will likely be liable for any injury to a person caused by the leaves or debris on the sidewalk.

For example, in Portland owners of land abutting any street in the city have a duty to maintain the sidewalks, curbs, driveways and parking strips immediately adjacent to their land.  (Portland City Ord. 17.28.020 (A)).  The law then goes on to affirm that a property owner is liable for any and all injuries to a person who is injured as a result of a property owner's failure to keep the sidewalk, curb, driveway, or parking strip in a good condition or in good repair.  (Portland City Ord. 17.28.020 (A)). 

What does this mean for the property owner that doesn't maintain a sidewalk and a person is injured as a result?  The property owner will likely be liable for the person's injuries.  However, most home owner's insurance policies should cover this type of injury. If a person is injured then you should make a claim with your insurance. The insurance company should then compensate the injured person for all of their harms and losses.  This type of incident is exactly what home owner's insurance policies are for.

 What does this mean for a person that is injured by a poorly maintained sidewalk? The property owner's insurance should compensate them for all of their harms and losses that resulted from the poorly maintained sidewalk.  For example, if you slipped on wet slippery leaves and were injured then the property owner's insurance company should pay for lost wages, pain, suffering, inconvenience, loss of enjoyment of life, and Medical Expenses.  Some insurance policies also have Medpay coverage which is no fault coverage.  Medpay provides an amount to pay medical bills regardless of who is at fault for the injury.     

Many Oregon cities and counties have a code similar to Portland's.  Here is a list of laws for a handful of Oregon cities mandating property owners to maintain sidewalks in a safe manner.  In other words if you live in one of the cities below and you don't remove excessive leaves on your property you may be breaking the law:

1. Beaverton Oregon, Title IV Chapter 42, 4.207-4.208
2. Eugene Oregon, Eugene City Code 7.375
3. Gresham Oregon 7.15.040 (5)
4. Hillsboro Oregon Chapter 9, 9.16.010
5. Lake Oswego Oregon LOC 42.06.310 and 34.02.035(20)
6. Milwaukie Oregon Title 12 12.04.060
7. Oregon City Oregon 12.04.030-12.04.031
8. Portland Oregon Portland City Ord. 17.28.020 (A))
9. Salem Oregon Chapter 78 78.220
10. Springfield, Oregon Chapter 3.306
11. Tualatin Oregon Title 02 Section 2-2-010 - 2-040

The list above is obviously not exhaustive and will likely change as time goes on.   If you have a question about a particular city's or county's sidewalk ordinance please call me at 503.224.1658 to discuss the issue.  

If you or someone you know has been injured as a result of a person failing to maintain their sidewalk call me at 503.224.1658.  Ross Law LLC is always happy to provide Free Personal Injury Consultations.  Please remember the law is constantly changing, so don't rely solely on this post.  This post is not to be intended as legal advice and it is best to consult with an attorney.  This post, this blog, and this website may be considered legal advice. 

What You Need To Know Before Putting Your Kid on a Bike

The other day I was loading my son into his bicycle seat when he said in his demanding toddler voice, "I need my helmet."   I was a proud dad at that point, because I realized that all of the nagging and fussing over him wearing the helmet is a thing of the past (for now at least).  Helmets are only one issue when taking kids on bikes and Parents should be familiar with the various issues that effect the tiny people on bikes.  Below are some of the issues I think every parent should know before putting their kid on a bicycle.

1) Helmets are Required for kids riding a bike:  I represented a five year old that was hit by a car as the tiny little guy was crossing the street.  He was dragged roughly 15 feet underneath the car, but miraculously his injures were limited to a broken arm and an severely injured knee. The little guy's helmet was obliterated, but doctors confirmed he did not have a head injury.  The helmet had most likely saved this little guy's life.  We all know they are a good idea, but it is also Oregon Law that kids under the age of 16 must wear a helmet when riding a bicycle. Specifically, ORS 814.485 requires kids to wear a helmet when riding a bike.  If the child does not wear a helmet then they can be fined.  

2)  Helmets are Required if the Kid is Riding as a Passenger on a Bike:  I use both a bike seat and a trailer to transport my little guy.  Either way my son is required to wear a helmet while he is a passenger on a bike.  ORS 814.486 requires passengers on bicycles who are under the age of 16 to wear a helmet. The parent can be fined if they violate this law.  The parent can also be fined for violating the law that mandates a child under the age of 16 must have a helmet while on a bicycle.  This can result in two fines.

3) There is Only a Limited Exemption That Allows Kids to Ride Without a Helmet:  The law exempts kids from wearing helmets if wearing a helmet would interfere with the child's religious beliefs. ORS 814.487.  

4) If Your Kid Was Injured and Wasn't Wearing a Helmet, an Insurance Company Should NOT use That To Reduce The Amount of Compensation Your Child Receives:  Although it is the law that a kid under 16 must wear a helmet, the law is forgiving in the fact that it prevents the jury from learning the kid wasn't wearing a helmet in a Jury Trial or Arbitration.  ORS 814.489    This prevents the insurance company from blaming the injured child or the child's parents for not wearing a helmet.  An understanding of this law is key in obtaining maximum compensation for a child who was injured while riding a bicycle.

5) There Is Not An Minimum Age to Ride As a Passenger on a Bicycle: When my son was a tiny little guy I was eager to get him on the back of the bike.   I tirelessly researched the minimum age required for a little person to ride as a passenger on the bike.  Not surprisingly, there is not a law in Oregon mandating a minimum age for a kid to ride as a passenger on a bike.  Our pediatrician was also unaware of any hard and fast rules regarding the age of a kid to ride a bicycle.  There is a dearth of information on the issue. However, she suggested that at a minimum a baby should be able to comfortably hold their head up for a long period of time.  This is important because the tiny person's head gets jarred around on the bike.  They need the strength to protect their neck and brain from the little trauma that occurs while going over a bumpy road.  Also, their brains are not completely developed and the constant jarring can effect brain development.  Wearing a helmet can complicate things because they can tweak the spine and push the head forward in an unnatural position.   The linked article has a more thorough explanation regarding the various health issues that may arise while riding with small kids on bikes.   In the end my son was a little over a year when he started riding with us. 

If you have any more questions or concerns about Oregon's bicycle helmet laws please call me at 503.224.1658.  Also, if you or someone you know are injured by another while riding a bicycle, please call Ross Law LLC at 503.224.1658. PLEASE REMEMBER this post does not constitute legal advice.  Do not solely rely on this post.  Also, the contents of this post is based on my own personal experience, and please rely on medical professionals to advise you of the best time to put your kiddo on a bicycle.   Lastly, this post, this web-site, and this blog may be considered attorney advertisement.