Did your vehicle get crashed in the snow and ice storm? You Need to Know About Diminished Value..

The snow has been with us for a week now.  Roads are still littered with abandoned crashed vehicles.  Many of these vehicles appear to have minimal damage, but are stuck in deep snow and are difficult to get to.   Once the snow and ice melts these vehicles are going to flood local body shops.   Insurance companies are also going to be swamped with claims.   Many people will make only property damage claims.  If so, they may be leaving money on the table if they do not make a Diminished Value claim.    Below are some things you should know about Diminished value claims.

What is a Diminished Value Claim?  Diminished Value claims arise after a vehicle has been damaged by the negligence of another (usually a bad driver.)  The claim arises from the fact that a vehicle that has been in a crash is now worth less than a vehicle that has not been in a crash.   The diminished value is the difference between what the vehicle was worth before the crash and what the vehicle is worth now.

How Much Can I Get On A Diminished Value Claim?  The amount varies.   To determine the amount of the claim an expert will look at how much the car is worth immediately after the crash compared to how much it was worth immediately before the crash.   For example, a 2 day Bentley that was in a crash may be worth $120,000.00 before the crash and now it is only worth $80,000.00 after it has been repaired.  The diminished value claim would be $40,000.00.  However, things change if you change the type and the age of the vehicle.  Now picture a 1999 Ford F-150 that is barely running before the crash.   The truck maybe worth $1500.00 on a good day.  The truck is in a crash and professionally repaired, now it probably is worth roughly the same because it did not have much value to diminish in the first place.  

What Variables Affect The Amount I can Get From A Diminished Value Claim?  Each claim is unique, but usually vehicle make, model, year are important.  Also, the damage to the vehicle is important.  Whether or not OEM (Factory) parts were used is a variable that can be taken into account.  

How Is The Diminished Value Determined?  Experts are usually people that have worked in the automotive repair industry for years render an opinion regarding the diminished value.   They are usually paid a fee for their work and can provide you a report regarding their findings and the amount of the diminished value. Some Portland Oregon Body shops will offer to render a Diminished Value Opinion for a fee.

Who Do I Make A Diminished Value Claim To?    If you handle the claim yourself you should make the claim to the Insurer of the bad driver that damaged your car.  

The Insurance Company Says They Don't Recognize Diminished Value Claims?  I have heard from clients that attempted to make a diminished value claim that the bad driver's insurance company claims they don't recognize Diminished Value Claims.  That may be the case, but Oregon Law recognizes these as valid legal claims.  What this means is if the insurance company claims they are not going to pay out because they have a policy of not honoring diminished value claims you can file a lawsuit seeking damages for the diminished value.  You may also have a claim against the insurer that the Insurance Commissioner would be interested in investigating.  If you are making a claim against your own policy (uninsured motorist (think hit and run) or under-insured motorist) for diminished value then look at your insurance policy to determine if the policy covers diminished value.

My Diminished Value Claim Is Not Worth Much, Should I Pursue It?  It depends.  Some claims for diminished value may only be a couple of thousand dollars.  Usually these small claims are not filed because people believe the case is too small for an attorney to take.  However, Oregon has laws that enable attorney's to get paid on small cases under $10,000.00.   I have written a blog article on ORS 20.080 and if you have a small Diminished Value Case you should read the article and call me at 503.224.1658 if needed.

Snowpocalypse Part III.... What You Should Know if You Are in a Crash on a Snowy Road

Portland is currently being slammed by its third winter storm of the season.  Snow, Freezing Rain ,and bitter cold temperature are turning Portland into a winter wonderland.  However, the winter wonderland is a dangerous place to drive.   Portland Hospitals reported an increase in admissions from crash related injuries during the last snow storm, and this event will likely produce similar results.   Hopefully, less people will be injured because less people will be on the road.   However, there will be crashes in this storm.  People drive too fast, wait too long before braking, and follow too closely.  The unfortunate reality is crashes will occur.

Here are some things you should know if you are one of the many people that are injured in a crash related to the snow storm. 

1. At the Scene:   Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the car damage, the scene, the bad driver, witnesses, and the bad driver' driver's license, the bad driver's license plate, and the bad driver's insurance card.  Call 911 if there is an injury and relay what the injuries are. Have witnesses text or email you their contact information from their phones. This way you can locate them later if needed.   
2. Seek Medical Care:  Immediately seek treatment if you are injured. Your Oregon issued auto insurance should pay $15,000.00 for up to two years of crash related medical treatment. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries.
3. Contact Insurance and the DMV: Call your insurance company to set up a claim. Cooperate with them, but be cautious of their motives. If there was an injury or more than $1500.00 in property damage submit the proper Accident Report to the DMV ASAP.  Here is a link to the form:  DMV Accident Form.
4. If you were in a hit and run you must make a police report or notify the DMV within 24 hours and notify your insurer within 30 days.  I advise reporting the matter to law enforcement as soon as possible.  This is important as you may not be able to make a claim in the future if you were a victim of a hit and run.
5. Call A Lawyer at 503.224.1658:   It won't cost you anything to chat, and you can learn about what you need to do next. 

Please be safe out there.  The roads are still treacherous and there is more snow and ice on the way.   Please do not hesitate to call if you have any questions.  Please remember this blog and web-site may be considered attorney advertisement.

Victim of a Crime? Know Your Rights...

The Criminal Justice system can be a confusing, intimidating, and scary place for crime victims. Many victims do not know what is expected from them, who the lawyers are that are involved, and more importantly they don't know their rights.  Many times the District Attorney's office does their best to keep victims involved in the case, but DA's and victim advocates are often overworked and simply do not have the time or resources to ensure every victim's rights are understood and honored. This post is meant to provide you some information to assist you in asserting your rights.   Below is a list of things you should know if you were a crime victim:

Who Is The District Attorney:  The District Attorney is an attorney that represents the State of Oregon in criminal matters.  They are also called prosecutors, DAs, or DDAs.  Basically each county has a District Attorney (DA).  That person has an office that employs deputy DA's to hold people responsible that have been accused of breaking the law.  

Is the DA the Victim's Attorney:  No, the DA represents the State of Oregon.  The victim is a citizen of the State and has unique rights under the law, but the DA is not the victim's lawyer.  If you believe you the defendant should be responsible for paying for your harms and losses you should seek a "civil lawyer" such as myself to represent you.  The criminal justice system and the Civil Justice System are not the same.  For example, the District Attorney cannot obtain damages for emotional harm, but a civil lawyer can. For more information click here.

Who are "Victim Advocates:"   District Attorneys offices have persons that are victims and advocates that do their best to ensure victims rights are honored.  In Multnomah County the DA has a Victim Assistance Program or VAP.  To learn more click here.

What are Oregon Crime Victim's Rights:  Oregon Victims have numerous rights.  I have posted some, but not all, of the rights below.   Please remember the law is constantly changing and it is best to consult with an attorney or the District Attorney to ensure the law has not changed.  Do not rely solely on this post.  With that said, see the rights below:

1. Crime Victims Must Be Informed of Their Rights:  A “law enforcement agency” shall notify a crime victim about his or her rights as soon as reasonably practicable. Or Const, Art I, § 42(1)(g); ORS 147.417(1). 
2. If You Request, Then You Must Be Informed of All Critical Stages of the Proceedings: A crime victim has, upon specific request, the right to be informed in advance of any critical stage of the proceedings held in open court when the defendant or alleged youth offender will be present and to be present at any such stage of the proceedings. Or Const, Art I, § 42(1)(a) 
3. The DA Must Account for Your Schedule when Setting a Trial Date: “When resetting any trial date or setting any court hearing requiring the presence of the victim, the court shall take the victim into consideration. The court shall inquire of the district attorney as to whether the victim has been informed of the prospective date and whether that date is convenient for the victim.” ORS 136.145
4. If Requested, You Have a Right to Be informed if The Defendant's Probation May be Revoked: Right to Notice of Probation Violation/Revocation Hearings Upon request, a crime victim has the right “to be notified of any hearing before the court that may result in the revocation of the defendant’s probation for a felony or person Class A misdemeanor.” ORS 137.545(11). 
5. You Have a Right to Be Present at Critical-Stage Proceedings if Requested: A crime victim has, upon specific request, the right to be present at any critical stage of the proceedings held in open court when the defendant or alleged youth offender will be present and to be present at any such stage of the proceedings. Or Const, Art I, § 42(1)(a).
6. You Right to Have a Person with you (with some exceptions): The victim of a person crime who was at least 15 years old when the crime is committed, may select a personal representative to accompany the victim to phases of the investigation and prosecution of the crime except for grand jury proceedings and certain child-abuse assessments. ORS 147.425. 
7. If English is Your Second Language You Have a Right to Court Appointed Interpreter “In any criminal proceeding, the court shall appoint a qualified interpreter and make available appropriate assistive communication devices whenever it is necessary to interpret the proceedings to a victim who is a person with a disability and who seeks to exercise in open court a right that is granted by Article I, section 42 or 43, of the Oregon Constitution, including the right to be present at a critical stage of the proceeding.” 
8. You Have a Right to Be Heard at a Pretrial Release Hearings if Requested: Under the Oregon Constitution a crime victim has, upon specific request, the right to “be heard at the pretrial release hearing.” Or Const, Art I, § 42(1)(a). 
9. You Have a Right to Be Heard at Sentencing A crime victim has the constitutional right to be heard “at the sentencing or juvenile court delinquency disposition.” Or Const, Art I, § 42(1)(a). Under statute, a crime victim has the right at sentencing “to reasonably
   express any views concerning the crime, the person responsible, the impact of the
   crime on the victim, and the need for restitution and compensatory fine.” ORS
   137.013. A trial court must inquire whether the victim wishes to be heard before
   imposing sentence. ORS 147.512(3). 
10. You Have a Right to Be Heard at DUII Diversion Hearing: If a DUII offense involves damage to property of a person other than the defendant, the victim of the property damage has a right to be present and to be heard at any hearing on a petition for a diversion agreement. ORS 813.222(1). 
11. You Have a Right to Consult with the DA in any Plea Negotiation involving a Violent Felony: A crime victim has the constitutional right “to be consulted, upon request, regarding plea negotiations involving any violent felony.” Or Const, Art I, § 42(1)(f). In prosecutions involving violent felonies, a prosecutor must—if requested by the victim—make “reasonable efforts to consult the victim before making a plea offer and before entering into a final plea agreement.” ORS 147.512(2)(a).
12. You Have a Right to a Speedy Disposition: By law, crime victims have the rights to “have the trial or adjudication, including the imposition and execution of the sentence or disposition, conducted with all practicable speed” and “to the prompt and final conclusion of the criminal or juvenile delinquency proceeding in any related appellate or post-judgment proceeding.” ORS 147.430(a)-(b); see also ORS 138.627(1)(a) (victims have the right to have their “schedule taken into account [by the trial court] in scheduling . . . post-conviction proceedings”).  T
13. You Have a Right to Records of Proceedings: A crime victim has a statutory and constitutional right to a copy of the record of a criminal proceeding. See Or Const, Art I, § 42(1)(e) (a crime victim has “[t]he right to have a copy of a transcript of any court proceeding in open court, if one is otherwise prepared”); ORS 147.419 (a crime victim may obtain a copy of a transcript or audio or videotape of criminal proceeding held in open court at the victim’s expense).
14. You Have a Right to Information about the Defendant: Under the Oregon Constitution, a crime victim has “[t]he right, upon request, to obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant or convicted criminal and equivalent information regarding the alleged youth offender or youth offender[.]” Or Const, Art I, § 42(1)(b).
15. You Have Right to Information about HIV or Other Communicable Diseases: A victim of a crime involving “the transmission of bodily fluids from one person to another” can request that defendant submit to “a test for HIV and any other communicable disease.” ORS 135.139(1).
16. You Have a Right to Information about Emergency Contraception: A sexual assault victim has the right to “unbiased, medically and factually accurate written and oral information about emergency contraception” from the hospital providing the victim care. ORS 435.254(1). 
17. Right to Information in DUII Proceedings Where You Were in a Crash with a DUII Driver:  In any prosecution arising from an automobile collision in which the defendant is alleged to have been DUII, the prosecuting attorney shall make available to a victim, upon request, reports and information disclosed to the defendant. ORS 135.857. That requirement applies to juvenile proceedings. ORS 419C.270 
18. You Have a Right to Refuse to Speak or Communicate with Anyone Representing the Defendant: Under the Oregon Constitution, crime victims have “[t]he right to refuse an interview, deposition or other discovery request by the criminal defendant or other person acting on behalf of the criminal defendant provided, however, that nothing in this paragraph shall restrict any other constitutional right of the defendant to discovery against the state.” Or Const, Art I, § 42(1)(c). Under statute, crime victims “may not be required to be interviewed or deposed by or give discovery to the defendant or the defendant’s attorney unless the victim consents.” ORS 135.970(3). A defense attorney must inform victims of the identity and capacity of persons contacting the victim on behalf of the defense and the victim’s right to have “a district attorney, assistant attorney general or other attorney or advocate present during any interview or other contact,” ORS 135.970(2). 
19. If You Were Raped, You Have the Legal Protection to Prevent the Defense From Asking about Your Reputation or Opinion of Past Sexual Behavior. This is called the Rape-Shield Law. In a prosecution for rape, sodomy, unlawful sexual penetration, or sexual abuse, or in a prosecution for an attempt to commit one of these crimes, the following evidence is not admissible: Reputation or opinion evidence of the past sexual behavior of an alleged victim; or reputation or opinion evidence presented for the purpose of showing that the manner of dress of an alleged victim incited the crime or indicated consent. In a prosecution for these crimes or attempt to commit one of these crimes, evidence of a victim’s past sexual behavior other than reputation or opinion evidence is also inadmissible unless admitted in accordance with the Oregon Evidence Code and is evidence that relates to the motive or bias of the alleged victim, is necessary to rebut or explain scientific, medical or testimonial evidence offered by the state, is necessary to establish the identity of the victim or is otherwise constitutionally required to be admitted. ORS 40.210. Oregon Evidence Code (OEC) Rule 412
20. You Have a Right to Be Safe and Protected from the Defendant: Under the Oregon Constitution, a crime victim has “[t]he right to be reasonably protected from the criminal defendant or the convicted criminal throughout the criminal justice process” and “[t]he right to have decisions by the court regarding the pretrial release of a criminal defendant based upon the principle of reasonable protection of the victim and the public, as well as the likelihood that the criminal defendant will appear for trial.” Or. Const. art I, § 43(1). 
21. The Court Must Order No Contact with the Victim at Pre-Trial Release Hearing: When a defendant is released pretrial, the trial court or releasing authority must include a condition that defendant have no contact with the victim. See ORS 135.970 (4)(a) 
22. You Have a Right to Restitution (Money), but it is limited to out of pocket expenses: Under the Oregon Constitution, a crime victim has “[t]he right to receive prompt restitution from the criminal convicted criminal who caused the victim’s loss or injury.” Or Const, Art I, § 42(1)(d). Upon proof of “nature and amount of damages,” a victim is entitled to full restitution for “economic damages” caused by a defendant’s criminal conduct unless the victim consents to a lesser amount. ORS 137.106(1). Economic damages are: objectively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for medical, hospital, nursing and rehabilitative services and other health care services, burial and memorial expenses, loss of income and past * * * impairment of earning capacity, reasonable and necessary expenses incurred for substitute domestic services, recurring loss to an estate, damage to reputation that is economically verifiable, reasonable and necessarily incurred costs due to loss of use of property and reasonable costs incurred for repair or for replacement of damaged property, whichever is less. ORS 137.103(2); ORS 31.710(2)(a). 
23. You May Have a Right to a Compensatory Fine:  A court may order compensatory fines payable to a crime victim, which may be imposed in addition to statutory restitution, “as a penalty for the commission of a crime resulting in an injury for which the person injured by the act constituting the crime has a remedy by civil action[.]” ORS 137.101. This is a convoluted area of the law in which the statute arguably allows the judge to impose a fine and instead of the fine being paid to the State of Oregon the fine is paid directly to the Victim.  Their are nuances regarding how this is done, and a District Attorney or Civil Lawyer such as myself should be contacted.  Feel free to call me at 503.224.1658.
24. The Crime Victim Compensation Fund May Pay for Medical Bills, Counseling, but it is limited: A crime victim may be eligible for compensation through the Criminal Injuries Compensation Account administered by the Department of Justice. See ORS 147.035 (discussing compensable losses). An emergency award granted “pending a final decision in [a compensation] claim” may be available. ORS 147.055. Oregon law specifically provides for compensation for HIV testing and counseling when a crime involves the transmission of bodily fluids, ORS 135.139(8), and for a sexual-assault medical assessment. ORS 147.395. 

The bottom line is if you are a crime victim you have rights.  You should assert them.  Too often defendant's rights appear to trump victim's rights.   That should not occur if you assert your rights and the District Attorney and the Court honors your rights.  If you have any questions about your rights, call me for a free crime victim consultation at 503.224.1658.   PLEASE REMEMBER THE LAW IS CONSTANTLY CHANGING AND THESE RIGHTS ALSO CHANGE.   Please consult with a lawyer or District Attorney to learn your actual rights.   This post, this blog, and this web-site may be considered attorney advertising.  

Injured on an Icy Sidewalk? Here is what you should do...

The Snow has arrived here in Portland.   The Metro region is blanketed in snow and ice.  This means roads are hazardous, but people often forget about the dangers posed by a slippery sidewalk.  The Oregonian recently reported that the snow and ice has resulted in an increase of people being admitted for fall injuries.  Most of these falls are caused by people slipping on ice or snow.  

Most people brush these falls off when they occur.  However, once costly medical bills arrive in their mailbox they properly question why they should be forced to pay for the medical bills if they were injured in a parking-lot or sidewalk that another person was responsible for ensuring it was maintained in a safe condition. 

First it is important to note, you may not be responsible for your injuries if you slipped on ice or snow. The law in many cities requires people to maintain their sidewalks and parking lots in a safe condition.  More specifically, if you live in one of the cities below and you don't remove the ice and snow on your sidewalk and/or parking lot 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 - 2-04

Many people do not make an insurance claim or seek out a lawyer, because they are under the improper assumption that because they fell they are solely responsible.  This may or may not be the case.  However, the law is pretty clear on these issues. If a person fails to maintain their sidewalk or parking-lot in a safe condition (removing snow and ensuring it is free of ice) then the property owner is responsible.  

If you were injured in a fall caused from ice or snow here are some tips:

1. At the Scene: Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the area of the property where you were injured, the address of the property, witnesses, and any employees that assist you.  If there is ice or snow ensure you get pictures of the snow.  Try and get the depth of the snow.  If it is ice, ensure the photograph accurately depicts the ice. Call 911 if there is an injury and relay what the injuries are. Have witnesses text or email you their contact information from their phones. This way you can locate them later if needed. If you are not able do this because of your injuries, send someone to the property ASAP to gather information and photographs.
2. Seek Medical Care: Immediately seek treatment if you are injured. Some businesses have no fault insurance that may pay $5,000.00 of medical bills. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries.
3. Notify the property owner or business.  It is best to call a lawyer BEFORE you contact the property owner or business.  
4. If you fell on Public Property remember to file a TORT CLAIM NOTICE.  
5. Call A Lawyer at 503.224.1658: It won't cost you anything to chat, and you can learn about what you need to do next.

Falling on ice can be painful and can cause serious injuries. Many people initially laugh and are embarrassed only to later discover serious injuries. 

If you were one of the many people that reported to an Oregon Hospital for fall related injuries, feel free to call 503.224.1658 for your FREE personal injury consultation. Please remember these tips are not to be considered legal advice.  You may need to take additional steps to preserve your claim.  Also, the law is constantly changing, so refer to the actual law and do not rely on this post.   If you have additional questions click HERE.

UBER SEXUAL ASSAULT CASE MOVES FORWARD

Many people like myself use Uber and Lyft to get home from a Holiday party or a night on the town.   However, Uber and Lyft passengers should remain vigilant.  Especially women traveling by themselves.  Another incident of a Uber driver sexually assaulting a passenger is in the news.  

In this recent case a Houston, Texas Uber driver picked up a woman who ended up falling asleep in the Uber driver's vehicle.  The  Uber driver then parked his car in a parking lot.  The woman awoke to the terrifying experience of the Uber driver fondling her as she was asleep.  The case is ongoing, so the details are scant.  The driver is contesting the allegations in court.  

Ride share programs are a great idea, but people must remain vigilant.  If you want some tips on protecting yourself when riding with Uber or Lyft then click HERE.   If you, or someone you know, have been assaulted, sexually assaulted, or raped by an Uber or Lyft driver, call Jeremiah Ross at 503.224.1658 for your free consultation.       

Injured by a Drunk Driver Leaving a Holiday Party? Throwing a Party? Things you Need to Know

The Holiday Season is in full swing.  People are shopping, decorating, and atttending the various holiday festivities here in Portland.  Many people are also dusting off their ugly holiday sweater and attending Holiday Parties.   I am a huge fan of Holiday Parties and a bigger fan of tacky sweaters, but I can't stand people that drink and drive.  Unfortunately, drinking and driving occurs far too often during the Holiday Season.  This can turn the Holiday season into a tragic event for anyone involved in a crash with a DUII Driver.  Socieity has little tolerance for DUII Drivers, but here in Oregon the law also allows the injured person to hold all people accountable for causing their injuries.   This includes the business or people that over-served the DUII driver alcohol.

In Oregon, homeowner’s can be held responsible for serving alcohol to a person that is visibly intoxicated and later injures another in a DUII crash. (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. See Solberg v. Johnson, 306 Or 484, 490 (1988). This type of liability is referred to as “Dram Shop” liability. Dram Shop 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.   Dram Shop liability also applies to a business that over-serves a visibly intoxicated person that ends up harming another.

Hopefully this guy is not driving home.  If he does, and injures someone the party host may be liable.

It is important to keep in mind if you intend on making a dram shop claim there are time limitations that notice must be given in. Specifically, if it is a wrongful death claim then notice must be given within one year of the date of death, or within a year after the date plaintiff discovered, or should have discovered, the claim, whichever is later. (ORS 471.565) In a personal injury matter, notice must be given within 180 days of the injury, or 180 days after the injured person discovered or reasonably should have discovered, the existence of a dram shop claim which ever is later. (ORS 471.565) However, these notice requirements may not always apply and there are exceptions. Please refer to a current version of ORS 471.565 for notice requirements and time limitations.

Dram shop cases can be complicated and there are other theories an attorney can use to attempt to obtain maximum recovery for a person’s 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. Please consult with an attorney if you believe you have a dram shop claim or have been injured by a DUII Driver.

In a Car Crash During the Recent Snow Storm? Here is What You Need to Do...

Snowpocalypse has arrived in Oregon.  The Willamette Valley , Coast, and Central Oregon have all been buried in Snow.  Last night when snow began to fall, Oregon's roads predictably became snarled with drivers trying to get home.  Many driver's were unprepared t and either crashed into another car, ran off the road, or simply abandon there vehicles in the road.   The Oregonian reported 101 car crashes in Portland alone.  Area hospitals also reported an increase of persons being admitted for car crash injuries. These visits can become costly if injured people do not take steps to protect themselves.     If you were one of those people that were involved in a crash here are things you should do:

A video taken by SW Portland resident Kathryn King shows a school bus crashing into several other vehicles in her neighborhood during a snow storm on Dec. 14, 2016. (Warning video contains explicit language)

1. At the Scene:   Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the car damage, the scene, the bad driver, witnesses, and the bad driver' driver's license, the bad driver's license plate, and the bad driver's insurance card.  Call 911 if there is an injury and relay what the injuries are. Have witnesses text or email you their contact information from their phones. This way you can locate them later if needed.   
2. Seek Medical Care:  Immediately seek treatment if you are injured. Your Oregon issued auto insurance should pay $15,000.00 for up to two years of crash related medical treatment. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries.
3. Contact Insurance and the DMV: Call your insurance company to set up a claim. Cooperate with them, but be cautious of their motives. If there was an injury or more than $1500.00 in property damage submit the proper Accident Report to the DMV ASAP.  Here is a link to the form:  DMV Accident Form.
4. If you were in a hit and run you must make a police report or notify the DMV within 24 hours and notify your insurer within 30 days.  I advise reporting the matter to law enforcement as soon as possible.  This is important as you may not be able to make a claim in the future if you were a victim of a hit and run.
5. Call A Lawyer at 503.224.1658:   It won't cost you anything to chat, and you can learn about what you need to do next. 

Please be safe out there.  The roads are still treacherous and there is more snow and ice on the way.   Please do not hesitate to call if you have any questions.  Please remember this blog and web-site may be considered attorney advertisement.

Help Support the National Crime Victim's Law Institute!

Being a Crime Victim can be overwhelming at times.  Dealing with the psychological issues, the criminal investigation, medical issues or the loss of property, and the district attorney's office can quickly become too much for any one person to handle.   Thankfully there are organizations out there like the National Crime Victim Law Institute in Portland, Oregon.  The National Crime Victim Law Institute is an organization solely dedicated to assisting crime victims in asserting their rights.  These folks focus on ensuring the victim's rights are honored throughout the process. They do fantastic work and they need your financial help.

The National Crime Victim Law Center is a 501(c)(3) non-profit legal education and advocacy organization. As a result, they need donations to operate.  Ross Law LLC donated this year to support their efforts and asks that you do the same.  To donate click HERE.

If you are a crime victim feel free to call me at 503.224.1658. Ross Law is always happy to provide a free consultation to crime victims to help them through the process.  If you  do not want to contact an attorney and have any questions regarding the criminal justice process, crime victim's rights, or any other issues regarding crime victims the NCVLI has more resources HERE.

Please be advised Ross Law LLC is not affiliated with the National Crime Victim Law Institute in anyway aside from providing a monetary donation.   I just think it is a great organization that we need to support.   Please contact the NCVLI directly if you have any questions regarding their organization.  This web-site, blog, or article can be considered Attorney Advertising.