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Escalator Catastrophe Frames Tort Reform Debate for Alaskans

James Cool — Tue, 24 Feb 2009 02:38:29 GMT

The Anchorage Daily News reports that on February 8, 2009 a three year old girl lost 3 fingers in an escalator accident at an Anchorage J.C. Penny’s department store. According to news reports, the three year old was riding the escalator by herself while her mother paid for some recently purchased items at a nearby register. While riding, the new coat the toddler carried became caught in the machinery of the escalator. Attempting to retrieve her coat, the three year old girl reached down and pulled on the coat which led to her hand being sucked into the machinery. Witnesses to the event recall a “blood curdling scream” as the little one’s hand was devoured by the steel teeth of the escalator. Normally, escalators are equipped with sensors which detect the entrance of foreign objects into the machinery. But this particular escalator was “grandfathered in” and pre-dates sensor technology. As a result, the escalator proceeded to mangle the child’s hand as emergency and store personnel rushed to her rescue. Once they arrived, store personnel were able to locate and hit the emergency off-switch which was located beyond the child’s reach. Though this stopped the machine from further injuring her hand, it did not free her from its steel clutches. According to the news report, it took 2 claw hammers and all of the strength store personnel could muster over an agonizing matter of minutes to free the toddler from the machines deadly grasp.

As a result of her encounter with the antiquated escalator, the child is expected to lose three of her fingers. Doctors are hopeful that she will be able to keep her pinky finger. The event was horrifying for more than the girl and her mother. Witnesses describe it as “terrifying” and one witness who saw the machine “sucking her hand in” has complained of nightmares following the experience. Perhaps offered as comfort to the permanently disabled girl and her family, Ron Thompson of Anchorage Building Services proclaims that “things could have been way worse.” He is most likely referring to severe additional damage to the girl’s thumb, wrist and forearm which would have resulted had store employees not rushed to hit the emergency off-switch. Mr. Thompson also warns shoppers that “"[escalators] are not a playground. They are a very serious mechanical device that can cause some major damage, and major damage very fast, very quickly." It is not clear whether such a warning was on signs where shoppers could have received this sage advice.

The young girl’s family needs to know a few things:

(1) The Statute of Limitations for personal injury claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim may go away as a result of your failure to pursue it. Sometimes, claims may survive until the victim’s 18^th birthday. For the way in which the statute of limitations will apply here it is strongly recommended that you…

(2) Contact an attorney right away. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information only. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

If comments on the various news websites are any indication, the Alaskan and national community are quite divided over this issue. Many commenters have reacted extremely aggressively and hatefully toward the mother of the injured toddler. Other folks have expressed shock and dismay at the dangerous and antiquated machinery utilized by the store. In light of the misinformation surrounding the situation there are a few basic facts everyone, especially the toddler and her mother, should be aware of:

1.) Everyone has a duty to act “reasonably under the circumstances.” What this means is a judgment call. But generally it means taking reasonable precautions to avoid risks which can be foreseen. In other words, if it is a possibility that someone might get injured in an escalator because it lacks emergency shut-off technology, then it might be reasonable to update the escalator’s technology. On the other hand, if it is foreseeable that a young child riding an escalator with a long coat might get it caught in the escalator and perhaps get injured, it may be unreasonable to let her ride it unsupervised. One of the questions which must be answered here is whether the store normally allowed toddlers to ride the escalator without supervision or with limited supervision. What is reasonable or unreasonable in a given situation depends on many different facts, most of which are not included in the news coverage of this accident. Whether the mother, the store, the escalator maintenance company, or anyone else is at fault is a question that can only be resolved after a complete and thorough investigation.

2.) Stores have insurance for situations such as this. Whether someone slips and falls on a wet floor, has a box fall on their head, or gets mangled by an escalator, large department stores maintain insurance policies to protect themselves from having to compensate injured individuals out of their bottom line. Contrary to tort reform myth, law suits are not the cause of “sky-rocketing” insurance premiums. On the contrary, the insurance industry follows the ebb and flow of the economy. Insurance is a business. They take your money and they expect to pay out on many, many claims. Where they make their money is in two ways: a.) denying claims and b.) investing. Recent studies have shown that the uptick in insurance premiums during recent years is more closely related to under-reserving by insurance companies during prime economic times and recent fluctuations in the various securities markets. In other words, insurance companies accept your premiums on the understanding that they will pay out when people are injured and you are at fault. Premiums rise, not because of “law suit abuse,” but rather because of fluctuations in the economy and poor economic practices on the part of insurance companies.

3.) J.C. Penny should absolutely install a newer, safer escalator. Dean Paul, the co-owner of Alaska Yellow Cab who heroically came to the toddler’s rescue, said it best: "you can't grandfather safety." Of course toddlers will ride the escalator. Of course children of all ages will play on them. Of course people in Alaska will be wearing and carrying long coats and scarves which may get caught in the escalator. There is no excuse other than greed for failing to install escalators which do not pose a threat to the property and limbs of their patrons.

4.) It isn’t wrong to trust a department store. It isn’t wrong to trust that they will have appropriate safety devices in their escalators, elevators and electronic doors. Department stores receive a direct benefit from your presence. You come to shop and give them your money. They advertise, sending out fliers and coupons, inviting you to come to their store and spend your money. In exchange they promise to provide you with a safe and enjoyable shopping experience. J.C. Penny is not doing you, the consumer, any favor by letting you shop there. The least they can do is make it a safe and positive experience.

5.) Just because it does not happen often, does not mean it is the child’s or her mother’s fault. Escalator accidents are rare because they are typically safe machines. Recent advances have made them even safer. However, these accidents do occur and may have occurred at the same store. The bottom line is this: had proper sensors been installed on this machine, bringing it in line with current technology, the machine would have halted once her jacket became lodged inside of it and she would perhaps have survived uninjured.

For those pointing their finger at the toddler’s mother, I ask you this: What if it was your daughter? What expectation would you have of the store’s escalator safety mechanisms? Their signage?

Originally posted at InjuryBoard by James Cool

Donn Johnson Dies In Alaskan Car Crash. Here's What His Family Should Know...

Ward Merdes — Tue, 27 May 2008 02:46:53 GMT

The Peninsula Clarion reports that Donn P. Johnson, 53, of Cass Lake, Minn. was killed in a head-on collision at approximately 1700 on Saturday. The wreck occurred on Kalifornsky Beach Road and involved Elizabeth Miller, 54, of Soldotna. Ms. Miller's 2003 Honda Element apparently crossed into Johnson's lane, strikingJohnson's 2000 Hyundai head-on.

Mr. Johnson's family should be aware that it is illegal to cross the center-line in Alaska. We are not allowed to drive on the left side of a roadway. When a driver, such as Ms. Miller, crosses the center line and causes injury/death, she is legally responsible. The relevant driving regulation is 13 AAC 02.060. It provides:

13 AAC 02.060. Limitations on driving left of center

(a) A vehicle may not be driven on the left side of a roadway under the following conditions:

(1) when approaching within 500 feet of the crest of a grade or a curve in a highway where the driver's view is obstructed for a distance which creates a hazard if another vehicle is approaching from the opposite direction;

(2) when approaching within 100 feet of or traversing an intersection or railroad grade crossing unless otherwise indicated by an official traffic control device; or

(3) when the view is obstructed upon approaching within 300 feet of a bridge, viaduct, or tunnel.

The Johnson family should also be aware of AS 09.55.580, our wrongful death statute. It allows family members, dependents, to bring claims for wrongful death. And, automobile insurance is mandatory in Alaska. Once you are emotionally stable, it makes sense to bring a wrongful death claim.

They should also be aware that the decedent's OWN insurer is on the hook for Underinsured Motorist coverage. Finally, recall that the Statute of Limitations for personal injury and death in Alaska is but two years. Take action soon.

Frankly, you should call a lawyer to help you. Do it today.

Just don't call me. Whenever I write these pieces, outlining a person's legal rights and suggesting that a victimcontact a lawyer, I get flamed for being a vulture. It seems some folksprefer that victims like the Johnson family get eaten alive by insurance companies, rather than know their rights. Whatever. Just be sure to call a lawyer - any qualified Alaskan lawyer - today. I wish you well.

Originally posted at InjuryBoard by Ward Merdes

What's "Negligence"? [Hint: It's Just Being Stupid]

Ward Merdes — Sun, 05 Apr 2009 01:59:39 GMT

For the last 20+ years, I've been a personal injury attorney in Alaska. My phone rings every day with people who have had bad things happen to them. Nobody wants to call me. They only call me when they must. They call because they got run over by a drunk. They call because their spouse's plane crashed. They call because their doctor got drunk before their surgery. In every phone call, something ugly happened.

BOTTOM LINE: Nobody calls me because they had a good day. I sometimes feel like a dentist.

Every hard-luck phone call has common threads. Here's what's going on in my head, as I listen to these callers:

1. Did somebody do something stupid?;

2. Was the caller actually hurt by the stupidity?; and

3. Does the stupid person have insurance or assets to help the injured caller?

I need all three of these before I can do the caller any good. Let's examine them in order.

First: "Did somebody do something stupid?" This is called "Negligence." It does NOT mean that the person is bad, or belongs in jail. It simply means that the person did something stupid. [I'm negligent every day ... and so are you. Every time we drive 56 in a 55 - every time we don't pay close attention and slide our cars on ice - every time we don't act carefully - we are "stupid" and hence "Negligent."]

Second: "Was the caller actually hurt by the stupidity?" Because each of us does stupid things EVERY day, the key is determining whether that stupidity actually hurt the caller. For example, if the other person was driving 90 MPH in a 40 MPH zone, slid sideways and crushed the caller, that would be a pretty obvious causation situation. On the other hand, if the person drove 120 MPH in a 15 MPH school zone, but (thank god) missed all the kids, there was no actual injury. Hence, you can be stupid (negligent) and still get lucky by not hurting anybody. God takes care of some idiots.

Third: "Does the stupid person have insurance or assets to help the injured caller?" This is called the "Deep Pocket" rule. Face it, if there is no insurance or if the stupid person has no assets, he/she most likely won't be held responsible for their stupidity/negligence. Rush Limbaugh makes fun of the "Deep Pocket" rule. I'm a bit more reserved. Think about it: As an attorney, would I be doing my client (the injured caller) a bit of good if I suggested that he/she jump head-first into hiring me for a claim and lawsuit, if I knew the stupid person had no insurance and no assets? What kind of fool attorney would suggest to an injured person that he/she spend enormous time/effort fighting a battle like that? I only fight where I have some chance of helping my client with medical bills, lost wages, and pain/suffering.

Of course, it’s more complicated than this, but the nut of a good personal injury attorney’s analysis is set forth above. I hope this helps. For more information, go to www.SlowDownAlaska.org where I explain this, again. Actually, I hope you never need to call a personal injury attorney. But if you do – read this carefully.

I also hope that this short blog stops the few folks who call me wanting "money because I was hurt in an accident" - only to discover that they (themselves) drunkenly ran their car into a tree and hurt themselves.

Seriously. YOU ONLY HAVE A CLAIM IF SOMEBODY ELSE'S STUPIDITY HURT YOU. That's how the civil justices system works. Our goal is to hold stupid people accountable for their stupidity. If we hold stupid people accountable – making them pay for every dollar of every problem they cause, maybe stupid people will smarten up a bit. Maybe they will slow down and stop drinking/driving. Maybe you will make it home alive.

The civil justice system works. It is sometimes slow and difficult, but it works. Think about it before you buy any more of Limbaugh’s hogwash about “Deep Pockets” and "The System is Broken." It's not.

Originally posted at InjuryBoard by Ward Merdes

FAA Faulted in 2007 Misty Fjords Fatal Plane Crash

Mike Schneider — Fri, 15 Aug 2008 21:17:45 GMT

The NTSB has issued a report critical of the FAA's oversight of flightseeing operations by Taquan Air Service. The Ketchikan flight service lost a Beaver on floats, its pilot, and four passengers last summer when bad weather, and the pilot's decision to fly into it, caused the crash 40 miles NE of the Ketchikan airport in Misty Fjords National Monument. The pilot had plenty of experience, but not with Alaska weather and flying conditions. The NTSB, among other recommendations, suggested that cameras be installed in the area frequented by flightseeing tours and that FAA inspectors ride along on tour flights instead of only conducting inspections on the ground.

Originally posted at InjuryBoard by Mike Schneider

Alaska Helicopter Crash Killes 3, injures 14 year old boy

Ward Merdes — Thu, 17 Apr 2008 13:42:07 GMT

It was reported today that a helicopter crash off the Glenn Highway killed Michael Seward, 37, of Palmer; Thomas Middleton, 46, of Anchorage; Joseph O'Donnell, 48, of Girdwood; and Benoit Pin, a 39-year-old Anchorage pilot for Era Helicopters. Quinn Ellington, 14, was also injured in the crash.

These families need to immediately contact legal counsel in Alaska. Crashes like this are not supposed to happen - and rarely happen without a mistake being made by the pilot and/or the helicopter's maintenance organization. Remember, the Statute of Limitations for bringing a personal injury / wrongful death claim in Alaska is only two years. It would be wise to take immediate action.

Originally posted at InjuryBoard by Ward Merdes

19 year old U.S. Army Soldier dies in Alaska Car Wreck

James Cool — Wed, 07 Jan 2009 16:01:41 GMT

Anchorage, Alaska—The Alaska Daily News reports that 19 year old soldier Travis Foster died in a car crash on the Tok Cutoff near Anchorage on December 21, 2008. According to reports, Mr. Foster was driving north on the cutoff when, for reasons unknown, he crossed the centerline and collided with a freightliner traveling in the opposite direction. Reports do not indicate what the possible causes of the accident may have been and do not specify whether drugs or alcohol were involved.

Our hearts and condolences go out to Mr. Foster’s friends and family. We are deeply sorry for your loss. While you must undoubtedly take time to grieve and mourn Travis’ death, it is also important that you be mindful of the rights you have as Travis’ survivors. We know that the weeks immediately following the death of a loved one can seem like a daze and are often very confusing, so here’s what you need to know:

(1) The Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim goes away and you may never be able to recover for the damages associated with Travis’ death. As Travis’ successors you are able to bring a claim on his behalf to recover for damages associated with his death in the event that it was caused by the other driver’s negligence, or unsafe road conditions as a result of municipal negligence. In addition to being able to recover for the loss of Travis’ life and damage to his property, you may also be able to sue for any suffering he endured prior to his death but following the accident.

(2) You may want to investigate whether the driver of the freightliner (Ronald Auzenne of Lacey, Washinton) was on the clock at any job at the time of the accident. If he was working for someone when the collision occurred, you may be able to bring a claim against his employer(s) and their insurance company for compensation for Travis’ death and related expenses.

(3) Look into hiring a good accident re-constructionist. People do not typically cross over into the other lane of traffic without a reason. It’s possible that a flaw in the roadway’s design or a failure to properly maintain the roadway on the part of Alaskan government may be responsible for the accident. It’s also possible that the actions of another driver, one not mentioned in the article, may have caused the accident. The only way to know whether this is the case is to hire an investigator as soon as possible. If you wait too long, all the evidence needed to re-construct the accident may be gone. Feel free to contact Ward Merdes (info below) for a referral to an accident re-constructionist in Alaska.

(4) Contact an attorney to help you ASAP. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information to Mr. Foster’s family. If you would like a referral, feel free to contact Ward Merdes or try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

No matter what the circumstances surrounding the accident were, it’s critical that everyone drive safely and carefully because icy Alaskan roads can be very dangerous. For more information about staying safe on Alaska’s icy roads and everywhere else, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

Baronof Is. Plane Crash Deaths Identified

Mike Schneider — Wed, 13 Aug 2008 00:28:02 GMT

The pilot of the baron 55 that crashed on Baronof Is. was 83 year old Harold Joseph Gaines of Marietta, Ga. His passenger has been identified as 73 year old Sy Mymudes of Decatur, Ga. A fuel shortage is suspected as the cause of the crash. If so, Mymudes' survivors likely have a wrongful death claim against Gaines, who decided to press on toward Sitka, instead of returning to Juneau, when he found fuel to be unavailable in Gustavus, where they landed on Sunday. The crash remains under investigation.

Originally posted at InjuryBoard by Mike Schneider

The Insurance Company Fixed My Car, But Who Pays for My Lost Re-Sale Value?

James Cool — Mon, 01 Jun 2009 23:06:40 GMT

So you’re involved in an auto-accident. Your vehicle is wrecked. You are injured. Perhaps you never contacted an attorney and just handled things through your and the other guy’s insurance company. The insurance company pays for your medical bills. They pay to repair your car. Maybe they even give you a little money for your pain and suffering. But you have to be wondering: “What about the damage to the value of my vehicle? It’s not worth what it used to be, it’s been in a big wreck. What will my Carfax say? How will I ever sell this thing?” If you’re asking yourself these questions, then you’re on the right track. Compensation for the reduced total value of your vehicle after collision repairs is known as a diminution of value claim. In English, that just means a claim which pays you for the reduced value of your car. Imagine two identical cars. They are the same color, make, model, interior and they have the exact same amount of mileage. They were both owned by little old ladies who only drove them to church on Sunday. The only difference between these two cars is that one was recently involved in an accident and had $5,000 worth of repairs and the other did not. Which one do you think is worth more? Obviously the car with no history of body repair. That is diminished value.

But who pays for that? The answer is the other guy’s insurance company. In many states, insurance companies draw a clever distinction between what are called first party and third party insurance claims when it comes to diminished value. A first party claim is when you make a claim against your insurance and you are at fault for the damage (think of when your 16 year old backs into a pole). A third party claim is when you file a claim with the other guy’s insurance company and they are at fault. Not all states will pay for diminished value on first party claims. But every state authorizes payment for diminished value on third party claims. In other words, if you’re in a wreck and it is someone else’s fault, their insurer needs to pay you for the reduced resale value of your vehicle.

But how do you figure out how much less your car is worth as a result of the crash? That is where collision consulting companies come in. One way is to seek out the advice of independent professionals (not the other guy’s adjustor). An example of this type of company can be found here. Another way to get a grasp on the value of your loss is to contact an attorney who handles auto accident cases regularly. These folks aren’t always experts, but they usually know people who are and have a pretty good sense of the value of a case based on their experience helping victims of auto negligence.

Most importantly, don’t let the insurance companies lie to you about diminished value claims. Take some advice from the good folks at Collision Centers (link above):

Don't believe the insurance company when they say:

"We don't pay for diminished value"
(Every insurance company pays diminished value claims)

"Diminished value isn't recognized in this state"
(Diminished value is recognized in third-party settings in every state)

"The repairs restored the vehicle to pre-loss condition, so there is no diminished value"
(It is the accident history that causes diminished value)

"There is no diminished value because the frame wasn't damaged"
(It doesn't matter if the frame/unibody was damaged -$5,000 worth of damage is $5,000 worth of damage)

Also, remember that it isn’t always the other driver who causes diminished value. Your car’s value can also be damaged by:

1.) Faulty repairs. If this happened to you, contact an attorney as soon as possible.

2.) Insurance related loss. This is where the insurance company refuses (wrongly) to authorize necessary repairs and as a result your car is damaged or unrepaired. If this happens to you, contact an attorney.

No matter what happened to you or what the insurance companies try to tell you, remember that no insurance company is your friend. You are not “in good hands” and they are not your “family” and they are most certainly not “on your side.” If you have any questions, or ever need advice related to an accident, contact an attorney who handles cases like this. For a list of good attorneys, visit: www.nbtanet.org.

Originally posted at InjuryBoard by James Cool

Alaska Rollover Kills 3, injures 2. Alcohol Involved. Here's the Tort Law...

Ward Merdes — Tue, 08 Jul 2008 14:18:51 GMT

An Alaska single-vehicle automobile wreck killed three young men and badly injured two more on Friday. The roll-over occurred at mile 131 of the Parks Highway, about 2 miles South of Denali National Park. Killed were: (1) William Bradley, 21, of Whittier, CA; (2) Nathan Pollard, 21, of La Mirada, CA; and (3) Jerry Luzzi, 21, of La Habra, CA. Injured were: (1) Matthew Holmes, 20, of Hudsonville, MI; and (2) Christopher Niles, 19, of Hudsonville, MI. Alaska State Troopers report that alcohol was a factor. Furthermore, it appears that none of the occupants were wearing seat belts.

Bradley was apparently driving the 2003 Infiniti - that rolled "several times."

Healing up is most important in situations like this - both emotionally and physically. Get proper care. Do what your doctors say. After a suitable time, consider the legal ramifications of this wreck. To help you, the families of Bradley, Pollard and Luzzi, along with Holmes and Niles, need to know the following information about automobile wrecks in Alaska:

1. The Statute of Limitations is governed by Alaska Statute 09.15.070. It's two years from the date of this wreck. That means you must normally either settle your claims, or file a lawsuit, within two years of this wreck, or all of your rights will likely be stripped from you. This is VERY important. Keep you eye on the calendar.

2. Claims may be focused on many sources. First, if Bradley was driving negligently, or was intoxicated, his own insurance will cover the others' losses. Check on the Infinit's insurance. Also, be sure to look at BOTH the Infiniti's liaiblity insurance, and its Underinsured Motorist Insurance. In Alaska, occupants are entitled to make claims under BOTH insurance coverages. Remember also that the minimum insurance for automobiles on Alaskan roads is $50K per person, up to $100K per incident. Most folks have more coverage than these minimums. Find out how much insurance covered the Infiniti. Next, look to your own Underinsured Motorist Insurance - on whatever car that you (or your family) drives. It too should help cover losses. Most folks forget about that claim...

3. Get the police report. The Alaska State Troopers do a very good job investigating fatality auto wrecks like this. There are undoubtedly scene photos. Get the police report and all photos. Get all statements from all witnesses.

4. Talk to an accident reconstruction expert. Get the roadway examined. I've litigated this area of the Parks Highway before. It's a mess. The State knows its a mess. Furthermore, the State rarely places appropriate signs to warn motorists that the roadway is a mess. Under Alaskan law, the occupants, including Mr. Bradley's family, might have a claim against the State of Alaska for bad roadway design/maintenance.

5. Call a good Alaskan Personal Injury Attorney. We have a number of attorneys who are qualified to help these families. It is important to contact one of them soon.

JUST DON'T CALL ME. This information is not advertisement. I do this as a courtesy, to help folks who have taken a beating on Alaskan roads. Please don't flame me, suggesting that I'm an ambulance chaser. I'm not. Please have a little compassion of the uphill battle these families face. They are free to call any attorney they want - and somebody has to tell them to make that call. I only encourage them to call a real personal injury attorney, not a divorce lawyer to "handles" personal injury claims. Make sure that the attorney you call had worked on these types of cases before - and knows what he/she is doing.

You are all in our prayers.

Originally posted at InjuryBoard by Ward Merdes

Rich Nielsen Dies In Motorcycle Wreck. Here's The Law...

Ward Merdes — Sat, 31 May 2008 00:13:34 GMT

Sadly, yet another Alaskan motorcyclist was killed. Rich Nielsen, 62, died in a motorcycle wreck that took place near Beaver Creek in BC. It is reported that a female oncoming driver swerved into Mr. Nielsen's lane, forcing his motorcycle off the road. Nielsen died at the scene.

This has been a really bad year for motorists. Way too many folks are dying on our roads. It seems that we awaken each day to reports of fallen Alaskan motorists. Worst of all, when a man like Nielsen goes down - a man who by all accounts was a genuinely decent guy - there is no way to feel better about it. It just stinks all-the-way-around.

At the same time, when the Nielsen family is back on its feet, it needs to know the following law so that insurance companies don't take advantage:

1. It's illegal to cross the center-line. The on-coming woman who did so, even though she was "trying to avoid an object in the road" - had no right to enter Mr. Nielsen's lane. By entering Mr. Nielsen's lane, the on-coming driver was 100% at fault. The other driver's insurance company is on the hook to square up (as much as you can in these circumstances) with the Nielsen family. If the other driver was Alaskan (likely since this wreck happened very near the Alaska/Canada border), Alaskan law may apply.

13 AAC 02.085(a) provides that a vehicle must stay in its own lane unless it is safe to leave that lane:

(a) A vehicle must be driven as nearly as practicable within a single lane, and may not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

Furthermore, 13 AAC 02.060 provides that vehicles may not be driven left of the center lane:

(a) A vehicle may not be driven on the left side of a roadway under the following conditions:
(1) when approaching within 500 feet of the crest of a grade or a curve in a highway where the driver's view is obstructed for a distance which creates a hazard if another vehicle is approaching from the opposite direction;

2. The Nielsen family should also be aware of AS 09.55.580, our wrongful death statute. If Mr. Nielsen had a "dependent" - a spouse, financially dependent child, etc. then his estate may bring a full claim for wrongful death. Even without a dependent, a smaller claim may be brought. Though it is little solace when a person is dead, at least Alaskan law allows for the decedent's family to assert claims.

3. Alaska has mandatory automobile liability insurance of at least $50K. Most folks buy substantially more. Once the Nielsen family is emotionally stable, it should consider bringing a wrongful death claim.Just write a nice letter to the other driver's insurance company, cite the above laws, and ask for a "certified copy of __________ (the other driver)'s Declaration Sheet." When you get it, write a nice, second, letter, request "Full Policy Limits" - along with costs, interest and statutory attorney fees. They might balk at paying the statutory attorney fees unless you actually hire an attorney - but some insurers pay anyway in situations like this;

4. Also file a claim with Mr. Nielsen's OWN insurer(s). Whatever insurer covered his motorcycle should be contacted and a WRITTEN claim mailed to them. Whatever other insurers covered Mr. Nielsen - for all other vehicles - should likewise be sent claims. This can be tricky. You might want to contact a lawyer to help you with this part;

5. If the other driver was acting within the "course and scope" of her employment, be sure to file a claim with her employer; and

6. Note that the Statute of Limitations for personal injury and death in Alaska is but two years. Time is not critical … for now. Just don't delay. I strongly recommend that you take action soon.Folks who delay tend to forget. Don't fall into that trap.

And yes, I recommend that you call a lawyer to help you. Suck it up and do it as soon as you are able.

And please, DO NOT call me. I'm happy to provide this commentary. It is solid and good advice under Alaskan law. I hope it helps the Nielson family. At the same time, I'm tired of being flamed, or called an "Ambulance Chaser" because I write these pieces. Instead, please go to the Alaska Bar Association Lawyer Referral Service, or the American Association for Justice (AAJ), or the National Board of Trial Advocacy (NBTA) [Disclaimer: I'm the Alaska State Chairman of the NBTA] to find a qualified person injury attorney who will help you through this nightmare.

Having lost a brother in a car crash, I know this situation really stinks. We wish the Nielsen family well.

DRIVE CAREFULLY OUT THERE ... AND SLOW DOWN

Originally posted at InjuryBoard by Ward Merdes