Uber Demands Confidentiality Clause to Settle Lawsuits

Uber is in the news again in Oregon as a result of one of its drivers brutally raping a passenger numerous times in Medford, Oregon. Our blog has previously noted the various incidents of sexual abuse of Uber passengers by ride-share drivers. As predicted, the incidents are becoming more prevalent. However, we are often not hearing about all of the incidents because Uber Technologies and Raiser LLC insist on confidentiality clauses and non-disparagement clauses (clauses that prevent a person from speaking freely about Uber, the incident, and/or any settlement) in order to resolve any claim the injured party may have.

It is obvious why Uber would want to sweep its negligence under the rug. The less people know about the number of incidents and types of incidents caused by an Uber Driver, the safer the Uber appears. These confidentiality clauses are a growing trend and Uber (through Allstate Insurance) is even insisting that our client sign a confidentiality clause in a car crash case involving an Uber Driver. From the perspective of the injured party, this is flat out wrong.

If you or someone you know has been injured or assaulted by an Uber driver and have questions about your options, please contact Oregon Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide a free personal injury case evaluation. Please note that this blog articulates the opinions of Ross Law PDX based on our training and experiences as a personal injury law firm.

Ross Law Files Lawsuit Against Jaguar for Selling a Lemon

Ross Law recently filed a lawsuit against Jaguar Land Rover North America. The lawsuit is a result of Jaguar selling a vehicle with serious software issues that have affected the infotainment system, the dashboard, and the vehicle’s audio package. Jaguar charged our client over $3,000.00 for the additional audio package that Jaguar claims deliver exceptional definition. However, the software glitches currently cause the speakers to crackle intermittently. The case was filed in Multnomah County Oregon alleging violations of Oregon’s Lemon Law and the Magnuson Moss Warranty Act. Should we prevail our client may be entitled to enhanced damages and reimbursement of all costs and attorney fees.

CLICK HERE FOR MORE INFORMATION ABOUT OREGON’S LEMON LAW!

Portland, Oregon based Ross Law represents consumers in Lemon Law Cases throughout Oregon. If you or someone you know has been sold a “Lemon” in Oregon please call Oregon Lemon Law Lawyer Jeremiah Ross. Please note this post may be considered attorney advertising.

What You need to Know if You were Injured or Assaulted by a Drunk!

The Superbowl is here again. Some people get excited for the Superbowl to watch the game, others for the commercials. For some, the Superbowl is an excuse to party and get drunk. The people that party in excess are who you have to worry about. Drunk Driving, Road Rage, Bar Fights, and even Domestic Violence and sexual assault incidents are often caused by people that drank too much alcohol on Superbowl Sunday. If you are one of the unfortunate people that are injured and/or assaulted by a drunk on Superbowl Sunday you may be able to hold all wrongdoers accountable by filing a civil action in court. This means that not only is the drunk that directly injured or assaulted you accountable, but also the bar or social host that knowingly permitted the drunk to drink to excess.

Oregon has specific “Dram Shop” laws and “Social Host” laws that are meant to deter people from over-serving alcohol to people. Oregon courts have determined a person who receives guests in a social l 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 case can also be interpreted to mean that not only would the social host be responsible for the injuries caused by the drunk driver, but would also be liable if the drunk assaulted another or sexually assaulted another.

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 the 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 whichever 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 or assaulted by a drunk.

3 Tips For Dealing with Portland's Snow:

Rumors of Snowmageddon are back. People seemed obsessed with the weather apps that are all showing the highly sought after snowflake graphic for Portland on Tuesday, Wednesday, and Thursday of next week. As Oregonians, we know that it is very difficult for meteorologists to predict snow in the Willamette Valley, but things look to be shaping up for snow to fall next week. Below are three tips to help deal with the snow (if it actually snows):

1) Be Informed: News Stations are using the threat of an impending storm to draw people in. That is why there is so much news chatter about Snow. As a result, I don’t pay attention to the snow or news meteorologist (even though some of them are pretty good.) If you want the true most reliable forecast to go to the source, The National Weather Service. Their web-site does a fantastic job, but their twitter feed is EPIC for keeping informed about snow and road conditions. Click Here for the National Weather Service Portland’s Epic Twitter Feed or follow them @NWSPortland. Click here for the National Weather Service Web-Site.

2) Be Prepared:

• Your Vehicle: Ensure the vehicles have a full tank of fuel for Monday and Tuesday’s commute. You do not want to be stuck in one of Portland’s infamous traffic jams without and run out of gas. Ensure you have a blanket and some snacks in your vehicle in case you get snarled in standstill traffic during your commute. Ideally, your vehicle should have tire chains and/or All Wheel Drive or Four Wheel drive. If you use chains you should practice putting them on this weekend. This ensures that you can put them on when you need to.

• Your Home: Ensure you have enough food at home. Remember to have food that can be prepared without electricity, because the power often goes out during a snow storm due to tree limbs falling on power lines. (Click Here for the PGE Outage Map) Be careful with heating your home with kerosene heaters, as they pose a fire risk and remember to ventilate your home. Click here for Kerosene heater safety tips. Also, remember to cover your exterior pipes and water facets so they don’t freeze.

• Your Sidewalk: Ensure you have a snow shovel or rock salt to clear your sidewalk. Remember the Portland City Code REQUIRES YOU to remove ice and snow on your sidewalk. At Ross Law we have represented people that have fallen and injured due to people failing to clear the sidewalk of ice and snow. Removing ice and snow from your sidewalk is the easiest way to avoid the guilt of knowing that your negligence injured someone and the hassle of dealing with insurance companies and their lawyers.

3) Be At Home: Unless you have to leave your home then you should stay home to avoid the commute. Ask your boss if you can work from home. Many employers in the Willamette Valley let employees go early to avoid the commute. If you have kids remember to keep up to date on their school’s closures as they often get released early.

Hopefully, everyone will be safe and avoid the disasters of the past snow events. However, if you find yourself needing a Portland Personal Injury lawyer please call Ross Law PDX at 503.224.1658 for your free personal injury case evaluation. Jeremiah Ross has represented people that were injured in car crashes in the snow and ice, and people that have fallen on slippery sidewalks.

New Law: In 2020 Oregon Cyclists Can Legally Roll through Stop Signs

Starting January 1, 2020 Oregon’s cyclists can legally roll through stop signs. In other words, if you are riding a bicycle you can treat a stop sign and flashing red lights as a yield sign. The new law only requires cyclists to slow to a safe speed and yield to any traffic that is already in the intersection or close enough to be dangerous to the cyclists.

As a personal injury that has represented numerous cyclists that have been injured in crashes with vehicles, I have mixed feelings about the law. The proponents of the law have a point when claiming cyclists need to keep their momentum and stop signs on residential streets can be a serious impediment to commuting by bike. They also have a point when they note that many cyclists are already doing “Idaho stops” or “California Stops.” However, the concern is that cyclists may construe the law as permitting them to dart in front of traffic and expecting vehicles to stop. This may increase the chance of the cyclist being injured or killed by a car. We will have to see how this plays out once the law goes into effect in a couple of days.

Click Here for the full text of SB 988 (2019) if you need further explanation on Oregon’s laws. If you or someone you know is a cyclist that was injured or killed in a crash with a vehicle please call Personal Injury and Bike Lawyer Jeremiah Ross. Call Ross Law PDX at 503.224.1658 for your free personal injury consultation. Please review the law and do not solely rely on this post.

Can Cyclists Get PIP Insurance Coverage if They Are Thrown Into a Stationary Vehicle?

Answer: Yes, an Oregon cyclist can get No-Fault PIP medical coverage if they are thrown into a Stationary Car waiting at a Stop Sign. See below for details.

Here at Ross Law, we are constantly fighting to ensure that insurance companies comply with the law and the terms of their insurance policies. This often results in interesting litigation where we get to geek out over what the language in the law and policies actually mean. (Click Here to Read about our USAA Dispute)

For example, we recently represented a cyclist who was hit by a car while lawfully riding his bike on the street. The impact of the crash threw the cyclist into a stationary vehicle waiting at a stoplight. State Farm insured the stationary vehicle.

The law allows cyclists to be eligible for up to $15,000.00 in no-fault PIP medical coverage in certain circumstances. Our cyclist client was eligible for PIP medical benefits, but State Farm denied our request for coverage because they claimed the law required that their insured’s vehicle is moving in order for the cyclist to be “struck by” the insured vehicle.

We obviously had a different take on State Farm’s reading of the law. ORS 742.520(1) and (2) were enacted to ensure that Oregon’s pedestrians had no-fault PIP coverage to pay their medical bills in the event they were “struck by” a vehicle. Cyclists are considered pedestrians under Oregon’s PIP law. As a result, it was our position that in order to fulfill the legislative intent that cyclists medical bills get paid by no-fault insurance; the court had to interpret the phrase “struck by” as the forceful collision between two objects. One could be stationary or both could be moving. The court agreed with our position and granted our Motion for Summary judgment. This means that our cyclist client will be reimbursed $15,000.00 for the medical bills that he paid out of his pocket.

State Farm also likely has to pay our cyclist client’s attorney fees. That means that the cyclist will collect the entire $15,000.00. This is important as it means that the cyclist basically received free legal representation because the insurer that took an unreasonable position should have to pay his legal fees. The court will decide that issue in the near future.

State Farm may appeal the matter. If they do then we are ready to continue to fight. This was a big win. Future cyclists should benefit from our work and won’t be denied PIP benefits simply because the insured’s vehicle was not moving at the time of the crash.

If you are injured while riding your bike and are trying to get your medical bills paid after a crash with a vehicle, call Ross Law at 503.224.1658. Jeremiah Ross is a personal injury lawyer that represents cyclists throughout Oregon and is happy to provide a free personal injury and insurance case evaluation.

Please remember that all cases are different and your facts may not entitle you to PIP coverage if you were a cyclist or pedestrian that was hit by a car. Remember there is a priority of coverage issues that mean if you have PIP insurance of Health Insurance then you may not be eligible to get PIP insurance from the vehicle that struck you. Please also remember the law is constantly changing so please contact a lawyer to obtain legal advice. This post is not intended to be legal advice and is for general education purposes.

Its Snowing in The Passes! Things You Should Have Before You Travel:

Its Thanksgiving already and the snow is dumping in the Cascades. Remember to be prepared before you leave because you never know what may happen out there. The last thing you want is to be involved in a crash or get stuck on the side of the road only to find out that you do not have an essential item. You should consider bringing all of the items below before you head off through Oregon’s Mountain Passes or drive through Eastern Oregon.

If you or someone you know is involved in an Oregon Motor Vehicle Accident call personal injury lawyer Jeremiah Ross at 503.224.1658 for your free personal injury case evaluation. Ross Law PDX represents people throughout Oregon, including Malheur County, Umatilla County, Clatsop County, Jackson County, and everywhere in between.

Is There a Deadline To File An Injury “Claim” in a Vehicle or Bike Crash?

The Only Deadline with the Bad Driver and their insurer is The Statute of Limitations: Insurance companies will try many things to expedite your claim and force you to settle short. They want to provide you with the least amount of money possible for your injuries and avoid the prospect of you having a costly permanent injury.

This is especially true in “soft tissue” damage cases. For example, if you settle for $1,500.00 a week after the crash and then find out you need back surgery a couple of months later because the crash herniated a disc, then you usually cannot come back and demand more money from the bad driver’s insurer because you settled your claim for $1,500.00.

The insurer’s Stop Watch is Not Always Operating the Same Speed as the Court’s Statute of Limitations

One way insurers try and pay minimal value for the claim is trying to rush you to settle. They will threaten to “close your claim” if you don’t settle that day. The bad driver’s insurance adjuster will say it in a manner that makes you think you can’t re-open the claim later. They may send letters noting the statute of limitations, but they will act differently on the phone. All you have to remember when dealing with the bad driver’s insurer is The only real deadline with respect to your Oregon bodily injury claim against the bad driver is the 2-year statute of limitations. See ORS 12.110(1) (2018) for specific language.

If you have any questions reading the statute of limitations or need more information regarding dealing with an insurance company please call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX represents people involved in car crashes and insurance disputes throughout Multnomah County, Clackamas County, Washington County, Columbia County, Umatilla County, Clatsop County, and throughout the state of Oregon.

Please refer to the law or contact an attorney and do not solely rely on this post. The statute of limitations is a BIG DEAL and you must be very clear on that issue if you intend on pursuing a claim for compensation against the driver. Please note uninsured motorist claims, Dram Shop Claims, Claims Against Public Bodies (Federal, State, County, and City), under-insured motorist claims may all have different statutes of limitations. This post may be considered personal injury lawyer advertising.