Alaska Personal Injury Blog - Automobile Accidents - Most Commented

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

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

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

I was hurt in a car wreck. What's my claim worth?

Ward Merdes — Mon, 29 Jun 2009 02:26:29 GMT

I'm a personal injury attorney. We're asked this question every day. The phone rings. We hear about a wreck, a tragedy that changed the caller's life. We're then asked the dreaded question: "What do you think this claim is worth?" The caller then waits expectantly while we try to explain that we have don't (yet) have a clue.

Here's what's going through our minds:

1. The value of your claim depends on who was at fault:. If the "other guy" did something stupid (negligent) that hurt you, the law requires the other guy to pay your claim. Read that last sentence again: ONLY if the other guy did something stupid - and it hurt you - is the other guy responsible for paying your claim. I sometimes get calls from folks who hurt themselves - driving stupidly - and they want to know what I can do for them. The short answer is "nothing - you hurt yourself." They don't seem to grasp that tort law (personal injury law) exists to right wrongs , not to hand out money just because somebody got hurt.

2. The value of your claim depends on how badly you were hurt: If you were hurt just a little, you have a little claim. If you were hurt really badly, you have a large claim. The duration of your hurt is also a factor. How old are you? Can you expect to have problems for another 60 years (until you die) or another 10 years (if you're in your 70's). Medical records and bills must be examined by the attorney before he can give you a ballpark opinion on what your claim is worth.

3. The value of your claim depends on whether there are resources to pay your claim: Even if the other guy was negligent and you are seriously hurt, there may be no insurance or resources to pay your claim. In other words, if the other guy has no insurance, we'll have to file a claim against your own Uninsured Motorist (UM) insurance. Beyond that, you are out of luck. This is the foundation for the "deep pockets" argument. What attorney worth a hoot would advise a client to sue somebody who has no money to pay the judgment? Go ahead and scream about "only deep pockets get sued" - and the simple fact will remain that plenty of "shallow pockets" simply get away with hurting innocent folks like you.

4. The value of your claim depends on the jury: After the McDonald's "Coffee In The Lap" case - juries across America got cheap. The insurance industry profited mightily while juries gave little or nothing to injured folks just like you. This truth is the flip-side to conservatives screaming for "lawsuit reform." That "reform" means folks can run over people like you - and not be held accountable.

Finally, I need to know about you. I need to know how the injury actually affected your life. For example, if my knee was hurt in a car crash, and it took one second off my ski-time, it wouldn't amount to much of a claim. I'm a terrible skier. I scare children on the slope and (usually) end up rolling down the Bunny Hill. At the same time, what would one second be worth to an Olympic hopeful?

Or, if a wreck put a big scar on my cheek … it really wouldn't matter much. Only my mother and my wife think I'm handsome - and I suspect they'd continue deluding themselves even if I had a big scar. Yet, what if you put that same scar on Cindy Crawford or Julia Roberts? See the issue? The value of any personal injury claim depends entirely on how it affects YOU.

Originally posted at InjuryBoard by Ward Merdes

Why You Need Uninsured Motorist Insurance

Ward Merdes — Sat, 07 Feb 2009 19:37:51 GMT

After twenty years representing people who are injured and killed in motor vehicle wrecks, I've learned a thing-or-two. The most important one - for you - is to buy the right automobile insurance. The guidelines are simple: Buy as much as you can afford. Get as much liability coverage as you can afford. Get as much Medical Payments coverage as you can afford. Get as much Uninsured / Underinsured Motorist insurance as you can afford.

The difference between weak insurance - and something that will actually help you when disaster strikes (note I said "when" and not "if") is about $100 every six months. That's right - about $100 every six months.

I recommend that you buy a minimum of $500,000 of Uninsured / Underinsured motorist coverage. Consider buying an "umbrella" automobile policy that gives you one or two million dollars worth of uninsured motorist coverage.

Alaskan roads are dangerous. Drunk drivers are crazy.

Buy all the Uninsured / Underinsured Motorist insurance you can afford.

Your family is worth it.

Originally posted at InjuryBoard by Ward Merdes

Alaska Car Crash. One Fatality, Hoogland and Popovich Injured. Here’s the Law…

Ward Merdes — Tue, 22 Jul 2008 13:10:47 GMT

The Alaska State Troopers Report that a motor vehicle wreck occurred on 07/03/08 at 0930 Alaska Standard Time near mile 43.5 of the Seward Highway. It appears that Donald Setters, 61, was driving a 1998 Jeep Cherokee northbound on the Seward Highway when he crossed the center-line and struck a 1993 Ford Aerostar, driven by JoeAnna Hoogland, 26, head-on. Paul Popovich, 21, thereafter struck the disabled vehicles. Hoogland and Popovich were transported to local hospitals. Setters died at the scene.

Because both the Alaska State Troopers and the Fairbanks DUI team responded, alcohol is likely a factor.

Incidents like this give rise to many legal issues. For example, passengers (if any) in Setters’ vehicle, along with Hoogland and Popovich (and all passengers in all vehicles), have "civil claims" against Setters’ (and his insurer) under Alaskan law. These civil claims can be very important - depending on whether folks are badly hurt. To understand these legal rights, keep reading…

1. Statute of Limitations: All claimants need to understand that Alaska Statute AS 09.10.070 provides that the Statute of Limitations (SOL) in Alaska for injury/death to adults is usually two years. For minors (kids under 18 years old) the SOL is "tolled" until the minor reaches 18 years old. The SOL thus normally expires on a minor's 20th birthday. If an injured person waits until after the SOL expires to either settle, or file a lawsuit, his/her right to compensation will likely be severely limited - even destroyed. This is HUGE. Do not delay. Take immediate action to protect your legal claims/rights.

2. Available Tort Claims: Hoogland, Popovich and occupants in all vehicles (if any) appear to have claims against Setters for at least negligence. In Alaska, "Negligence" usually amounts to just not being "reasonable" under the circumstances. Thus, if Setters was driving too fast, fell asleep at the wheel, lost control, or just screwed up, a negligence claim may exist.

Under Alaskan law, a negligence claim entitles 1P1 and all occupants to: (a) property loss - value of the car; (b) medical bills, past and future; (c) lost wages, past and future; and (d) pain/suffering, disability and disfigurement.

Valuing these claims can be difficult. I recommend using Jury Verdict Research (JVR) statistical software. It is a bit expensive, but well worth the money and time involved in its use. JVR compares injuries arising from a particular wreck to a database of more than 250,000 other incidents - providing a range of resolution values that can be shared with insurers. As long as it is honestly used, JVR can provide solid guidance. Actually, there are a number of outfits who can help value claims like this. Check the web. The best is a qualified personal injury attorney who actually practices law in the area where the wreck occurred.

3. File Insurance Claims: Alaska requires that all drivers have auto insurance before getting on Alaskan roads. The statutory minimums for liability insurance are $50K per person, and $100K per accident (50/100). Uninsured / Underinsured (U/UIM) insurance is also required, unless waived in writing. It has the same statutory minimum limits of 50/100. Most people have 100/300 of liability and U/UIM insurance. Some folks have "umbrella" insurance policies, covering millions of dollars.

This means that anybody hurt in an automobile wreck should immediately file a written claim against whomever insurers the person causing the wreck. Be sure to sign and date your claim letter, keeping a copy for your files. Most attorneys will provide a form you can use that will provide notice of claim to most Alaskan auto insurers. Be sure to send a copy to Setters’ address.

You should also always consider whether the roadway contributed to the wreck. Alaskan law allows you to bring a claim against the State of Alaska for injuries caused by roadway defects and negligent design of roadways. The catch is that the State of Alaska must have actually known about the defect/problem before your wreck. Otherwise, the State is not responsible. Where a person is badly injured in an auto wreck, it is thus critical that you hire a qualified accident reconstruction expert to help explain what the State knew - and when.

IMPORTANT: Alaskan law allows passengers to bring claims against: (a) the other driver; (b) the driver of the vehicle the passenger occupies; (c) the occupied vehicle's U/UIM insurer; and (d) the passenger's own U/UIM insurer - for their own vehicle that was not even involved in the wreck. Use the same form, sending it to EACH of these insurers.

Finally, if Setters was an agent for, or working for anybody when this wreck occurred - and was in the "course and scope" of such employment, you have a claim against the principal or employer. It is important to get such agency / employment information up front. Again, most attorneys will provide you with an appropriate form. Just call.

4. Statutory Claims: Alaska's "Rules of the Road" are found in title 13, chapter 2 of its administrative law. It is worth perusing this section of Alaskan law to locate exactly what rule was violated in this wreck. This is the first place a competent injury attorney will look.

Furthermore, if Setters was intoxicated, the injured people are entitled to not only their normal injury claims, but also to actual attorney fees they incur in getting those claims paid. Alaska Statute AS 09.60.070 is directly on point. This is important because attorneys are expensive. It's always easier to seek legal help when the other side pays for it.

In some cases it can be argued that the offending driver's conduct amounted to an assault "in any degree" - pursuant to AS 09.60.070(c)(4), entitling the claimant to actual attorney fees, such as when the other driver was DUI.

5. Background Steps: Be assured that the insurance companies are already in action - their massive wheels investigating, weaseling, and grinding toward you. It is thus very important to do your background investigation now, before problems arise. Be sure to: (a) get all witness information - names, phone numbers - addresses of everybody who happened upon the scene of this wreck; (b) get all photos, from police and whomever else was at the scene; and (c) get the police report. Alaskan police are very good at investigating motor vehicle wreck scenes. Because of our weather and road conditions, they do it a lot up here. Next, consider hiring an accident reconstruction expert. Alaska has about five of them. Seattle has some really good ones. These engineers are well-experienced at determining what caused a wreck. They are also quite expensive.

For more general information on automobile wrecks and personal injury claims in Alaska, go to www.SlowDownAlaska.org. It's packed with good information and advice. It also has no advertising. (Disclaimer: My wife, Lori, and I built SlowDownAlaska.org as a public service to help survive Alaskan Roads.)

6. Hire an Attorney: Hire a qualified Alaskan personal injury attorney to help sort out claims associated with this wreck. Most will provide a free initial consultation. Do it now. Many folks try to do this on their own - and end up paying for the mistake. Injury/death cases are complicated. Hire a good attorney.

Check the yellow pages, or go on-line. Consider checking the National Board of Trial Advocacy (NBTA) to find a board certified injury attorney. (Disclaimer: I'm the Alaska Representative for the NBTA.) Call the Alaska Bar Associations' free attorney referral service: 800-770-9999. Try the American Association for Justice (AAJ).

7. Caveat: THIS IS NOT ADVERTISING. I AM NOT SUGGESTING THAT YOU CALL ME. Call whatever attorney you want. I do this blogging as a public service - helping injured folks avoid getting mugged by unscrupulous insurance companies. BTW, I'm tired of being flamed by narrow-minded dolts calling me an ambulance chaser. I'm not. If you're considering calling me names for doing this, how about instead you have a tiny little bit of compassion for folks who were badly injured in a wreck … and has no clue what to do next. Somebody has to give them the bottom-line advice they need to get moving in the right direction. Otherwise, the insurance companies will eat them alive.

I hope this information helps. Please don't rely upon it solely. Find a good attorney to help you.

You're in our prayers.

Originally posted at InjuryBoard by Ward Merdes

Mother Runs Over Daughter Inflicting Serious Injury

Mike Schneider — Fri, 04 Jul 2008 18:43:15 GMT

Minutes after she turned 49, Maidie Maillelle climbed into her pickup truck. She was too drunk to drive. Her daughter, Tammy Maillelle, tried to stop her, but Maidie ran her down. The incident happened in Grayling, Alaska this morning. Maidie is now under arrest and facing serious criminal charges. Her daughter was medivaced to Bethel for surgery with life threatening injuries. These facts raise interesting issues under Alaska law.

If Maidie is convicted of DUI, or assault, she will be conclusively presumed to be "negligent" in any civil case brought by Tammy against her. She will be conclusively presumed to be liable for 100% of Tammy's attorney fees incurred in the civil case. The civil jury will get to decide how much in punitive damages can be awarded against her.

If Madie or the truck was insured, Tammy should receive the liability limits. If the insurance company doesn't pay, and the case goes before a jury, the jury will be told of that the insurance company is the real party in interest. If Tammy is a resident and related to the named insured, and "exhausts" the liability limits, she will also have a claim for the Underinsured motorist coverage limits.

Because of likely difficulty in finding coverage and recovering from any exposed insurance carrier, Tammy will need the help of an attorney experienced in handling such problems.

Originally posted at InjuryBoard by Mike Schneider

"I Got Run Over In Alaska ... Twice"

Ward Merdes — Fri, 25 Apr 2008 21:24:42 GMT

Alaska has the highest incident of industrial accidents in the nation. A good portion of those arise from motor vehicle wrecks. An increasing portion of those are SECOND wrecks. More and more of my clients are getting injured a SECOND time, while recovering from the first wreck. Here's the law on how they should proceed...

Alaska's law on SECOND injuries is clear. The plaintiff (that's you) is responsible to show how the second injury "aggravated" the prior injury - or caused a new injury. This can sometimes be tricky. Fortunately, you only need to "prove" your injuries by a mere preponderance of the evidence - "more likely than not." Also, with the increased use of solid radiology, particularly MRI's, we are getting better at "separating" second injuries. Remember, the person who hit you the SECOND time is only responsible for the damage he/she caused to you - not ALL of your injuries.

This is why it's important to keep solid medical records, particularly if you were hurt in an Alaskan Motor Vehicle Wreck/Accident. Getting early diagnostic X-Rays and MRI's will go a long way toward establishing your "Base Line" - against which the new X-rays and MRI's will be compared.

Remember, if you've been injured in a car crash, and your doctor suggests an MRI, the correct response is: "Yes, please." They are painless, quick, relatively inexpensive, and they establish the baseline that will help you if (God forbid) you ever get smeared again.

BOTTOM LINE: Getting smeared in a car crash stinks. Take really good care of yourself when you get hit. Remember, God didn't intend for us to get run down by 5,000 lb. cars/trucks. So, when you get hurt, GET TO A DOCTOR right away. Don't waity to see if you'll hurt later. And, jump at the chance to get an MRI. A picture really is worth a thousand words...

Originally posted at InjuryBoard by Ward Merdes