Alaska Personal Injury Blog - Wrongful Death

28 year old National Guardsman Dies in Tragic Motorcycle Accident

James Cool — Mon, 01 Jun 2009 23:08:24 GMT

Fairbanks, Alaska—The Fairbanks Daily News Miner reports that 28 year old Nathan Gray of Fairbanks died last week when he lost control of his motorcycle and traveled off of the Johansen Expressway. According to reports, Gray may have been traveling in excess of 100 miles per hour when he lost control of his bike at a slight curve in the roadway. It is possible that Gray was racing another vehicle at the time of the crash, but it is unknown whether Gray’s speed, the other driver, or roadway defects were the cause of the accident.

Our thoughts and sympathies go out to Nathan’s loved ones. Any death is a tragedy, but the passing of one so young can be especially trying for the friends and family of the deceased. We wish you the best in your time of grief. As you move through the healing process, there are a few things you should know/do:

(1) As soon as possible, seek out the incident report from the Alaska State Troopers ASAP. (Visit http://www.dps.state.ak.us/PIO/ for information on obtaining reports.) The police report will provide valuable information about the cause of the accident. If there were roadway abnormalities, those may be noted in the report. If the other driver made statements to the police, or if there were witnesses to the accident, that may also be noted in the report. Tracking down and reviewing the trooper’s report is the best way to get information about the accident quickly and is the first step in trying to determine who/what caused the accident.

(2) Consider hiring an investigator to examine the scene of the accident. The report suggests that this accident occurred on a very slight curve in the road, one which may be dangerous at high speeds. Certainly it is everyone’s responsibility to slow down and drive safely—but it is also the state’s responsibility use our tax dollars to maintain roadways and to place proper signage which warns motorists of curves and other hazards in the road which might prove dangerous at high speeds. If you don’t know anyone who does accident investigation/reconstruction, please see step three (hiring an attorney). However, you can always go out to the scene of the accident (Johansen between College and Danby) and take as many pictures as you can of the roadway and the curve from as many different angles as possible.

Once you have done this you should:

(3) Contact an attorney to help you ASAP. Depending on the circumstances you may or may not have a viable claim against the city/state and also against the driver Nathan may have been racing. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. 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.

(4) Remember that 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 lose the ability to pursue it.

(5) Because Nathan has died, this is a possible wrongful death case. Any of Nathan’s dependents can file a wrongful death claim on his behalf and so can his estate if he lacks dependents. It is not clear who is and is not a dependent under Alaskan law, but it certainly includes children, spouses, parents and any other person who lived with Nathan and received support/assistance from him. A wrongful death claim will compensate Nathan’s dependents or his estate for his medical bills, property damage and funeral/burial expenses. The wrongful death claim will exist to compensate these losses, even if Nathan has no dependents. However, if Nathan does have dependents, they may also be able to bring what is known as a survivor action. A survivor action may allow Nathan’s dependents to recover damages for the pain and suffering he endured as a result of the crash prior to his death

Finally:

Always remember it’s critical that everyone drive safely and carefully as Alaskan roads can be very dangerous. Racing and driving extremely fast is dangerous for everyone involved. Even if you believe you can handle it or that your car is equipped for less cautious driving, remember that not everyone you may choose to race with is similarly skilled or equipped. Err on the side of caution and drive safe. For more information about staying safe on Alaska’s icy roads, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

Wasilla Man Passes Away From Injuries Sustained in Roll-Over

James Cool — Tue, 05 May 2009 19:36:01 GMT

Palmer, Alaska—The Anchorage Daily News reports that 29 year old Joshua A. Brown has passed away from injuries sustained in a one-vehicle, roll-over accident on April 25, 2009. New information has come to light regarding the cause of the accident. The ADN reports that alcohol or prescription drugs may have been a factor in causing the roll-over.

Specifically, this post is directed to the friends and loved ones of Mr. Brown. Please know that our thoughts and prayers are with you in this time of mourning. But as you move through the grieving process, it is important for you to remember your rights:

1.) As we mentioned in an earlier post, you have the right to bring claims against the driver’s insurance policy. Please remember, that 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 lose the ability to pursue it.

2.) Under Alaskan law, any of Joshua’s dependents can bring what is known as a survivor action. A survivor action may allow Joshua’s dependents to recover damages for the pain and suffering he endured as a result of the crash prior to his death. It would also allow for full recovery of medical, burial and related expenses. Finally, his dependents would be entitled to his lost future earnings, lost companionship and, potentially, their own pain and suffering at his loss.

3.) The term “dependent” is not clearly defined under Alaskan law. It would certainly include a spouse or child, but it may also include a loved one who Joshua frequently assisted or a family member or close friend who lived with Joshua. If it is unclear to you whether Joshua has dependents, we strongly encourage you to seek out a lawyer who handles these types of cases.

4.) As we stressed before, it is critical that Joshua’s dependents get the advice of an attorney. Insurance companies are not your friends, particularly not the driver’s insurance company. Even if the driver was Joshua’s close friend, you have still suffered a devastating loss and you may be legally entitled to compensation for your expenses and suffering. This is why people insure themselves—to make sure that if they make a mistake, and someone is harmed, then the people they hurt will be compensated.

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 only as information and a whole-hearted encouragement for you to exercise your rights. 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.

Originally posted at InjuryBoard by James Cool

Toddler Run Over by Nome Taxi

Mike Schneider — Mon, 04 May 2009 06:07:00 GMT

Tragedy struck a Nome family a week ago, when a Nome Checker Cab ran over 22 month old Christopher Johnson-Orzenna. Christopher and his Dad had been dropped off. As his father got luggage from the rear of the cab, Christopher wandered in front of the vehicle. The cab moved forward hitting the toddler just after the rear baggage door closed. Charges have not yet been filed, but there is certain civil liability where a commercial driver fails to "clear the area" before moving the vehicle, especially when he knows small children are near.

Originally posted at InjuryBoard by Mike Schneider

Alaska Supreme Court Gives Bad Bars a Pass

Mike Schneider — Sun, 03 May 2009 17:56:39 GMT

It has been the law for decades, that if a bar served a minor or an obviously drunken person with "criminal negligence," the bar was responsible for all the harm caused by the drunken person or minor in question. This was the "trade off" for the bar's immunity from liability when it was guilty of no more than "ordinary negligence." But that rule came to an end with the Alaska Supreme Court's decision in the Sowinski case, issued 12/31/08. That case, a 3 to 2 decision by the Court, held that the strict several liability provisions of AS 09.17.080 demanded that the fault of the bar get compared to the fault of the minor or drunk and damages paid according to fault. The ruling, another driving home the impact of various "tort reforms," will keep claims from being brought against bad bars. They will simply be too risky to pursue. Criminally negligent sellers of alcohol will have "tort reformed" themselves into immunity. That was the plan all along.

Originally posted at InjuryBoard by Mike Schneider

Recent Shooting Could Lead to Civil Claims

Mike Schneider — Sun, 05 Apr 2009 22:31:41 GMT

March 15, 2009, a party at a warehouse in South Anchorage went bad. Chad Zurfluh tried to break up a fight, was assaulted himself, and thrown out of the warehouse where the party was going on. Stupidly, he returned with a friend, Oscar J. Lajoei, 29. Lajoei was armed. According to witnesses, as Zurfluh tried to open the door to the warehouse, Lajoei opened fire with a handgun. Bullets went throught the door striking and killing Dimond High student, Colton Crow, and injurying Robert Lee, 21 and Alexandru Hidan, 22, both of Anchorage.

Criminal charges are pending, but won't do much to pay for the medical bills or funeral expenses. The injured and the family of the dead young man should consider making claims for personal injury and wrongful death. A good lawyer handling these claims will assert "joint" or "conserted action" liability against Lajoei and Zurfluh. If either or both are named, or additional, insureds under a homeowner's policy, then that insurance should respond to pay the claims in full. Alaska's statute of limitations will bar these claims if not asserted by filing a complaint in the right court, naming the right defendants, by the second anniversary of the shooting.

Originally posted at InjuryBoard by Mike Schneider

5 Car Mash-Up Kills One and Injures Two on Seward Highway Near Girdwood

James Cool — Wed, 31 Dec 2008 19:01:31 GMT

The Anchorage Daily News reports that a five-car accident on the Seward Highway took one life and left at least two others seriously injured. The paper reports that the accident occurred when a motorist traveling north attempted to pass vehicles in front of him/her by accelerating into the passing lane where a collision with a southbound vehicle occurred. Following this initial impact the drivers apparently lost control of their vehicles and three other cars/trucks were pulled into the accident. Emergency personnel was required to help remove motorists from their vehicles using the jaws of life.

Before going any further, it’s important that everyone take a moment of silence for the family, friends and loved ones of Heather (last name unknown) who was apparently the individual who died in the crash. Losing a loved one is impossibly hard to bear, particularly in the holiday season. Our hearts and prayers go out to Heather’s family and friends.

This article has two parts. The first will deal with Heather, the one fatality. The second part will deal with everyone else.

Part 1

However, as you cope with the grief you undoubtedly feel, there are some things that you should keep in mind. Though lawsuits are unpleasant and so is dealing with insurance companies, as Heather’s survivors you have rights and one of those rights may be that you are entitled to compensation for any suffering she endured, the effects of her loss and the costs of her burial and funeral services. As Heather’s family and next of kin should be aware you may have a claim for “wrongful death” or be able to bring a “survivor action” on behalf of Heather. This basically means that as her survivors you can sue to recover damages for the suffering she endured prior to her death if the accident was caused as a result of someone’s negligence or bad driving. You may also be able to sue for the loss of her companionship, income etc. depending on the circumstances as well as the emotional pain and suffering this loss has caused you. With this in mind, please consider the following:

(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 lose the ability to bring your case in court. As Heather’s survivors, you can bring an action on her behalf. Her natural survivors would be a spouse or child, however parents or siblings can bring a wrongful death action if Heather was unmarried and childless.

(2) Seek out the incident report from the Alaska State Troopers ASAP - and consider hiring your own investigator (Visit http://www.dps.state.ak.us/PIO/ for information on obtaining reports. It may already be too late to determine the exact conditions of the road or other helpful information, but the sooner you can collect evidence from the scene where the accident happened, the more valuable it will be. Re-creating what happened at the scene of the accident may be crucial in determining who is at fault for the accident and whose insurance ought to pay what to whom. Once you determine who was likely at fault for the accident, see if they were working for anyone at the time. There is some suggestion that a Hemi truck was involved—find out if that is a work truck for some company.

(3) If Heather was driving, her auto-insurance and/or any life insurance she had may be immediately available to help with the expenses surrounding her death and burial. An attorney can help you negotiate with Heather’s insurance company, but you can also contact them directly. Just be careful not to sign anything without first consulting an attorney.

(4) Contact an attorney to help you ASAP. Depending on the circumstances you may or may not have viable claims but it’s an important to have an attorney advise you about it. 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.

Part 2

(1) It is advisable that everyone involved contact an attorney as soon as possible. You may have personal injury and property damage claims against other drivers or the city/state. You may also face liability of your own if you acted negligently or violated traffic laws. For this reason, the best thing you can do is contact an attorney to advise you about your specific situation. You can 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.

(2) Anyone else injured in the crash has two years under Alaskan law to bring their claim in court or settle it. If you do not assert your claim within two years it may go away forever. The only exception will be any minors who will not forfeit their claim until two years following their 18^th birthday.

(3) Notify your insurance carrier of any claims which you feel you might have resulting from damage to your vehicle or injury to you. However, do not sign anything or waive any of your rights without first consulting an attorney.

(4) Please remember that any statements you make to your, or anyone else’s insurance company may be recorded and later used against you. For this reason, it is imperative that you speak with an attorney.

No matter what the circumstances surrounding the accident were, it’s critical that everyone drive safely and carefully as Alaska roads can be very dangerous. Also, please remember that no matter how late you are or how badly you want to get somewhere, it’s never worth risking your or someone else’s life. For more information about staying safe on Alaska’s icy roads, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

Katmai Sinks in Aleutians Off Amchitka Pass

Mike Schneider — Sat, 25 Oct 2008 16:12:59 GMT

The Katmai lost its steering and was rolled by two story high waves. Dead are Cedric Smith and Glenn Harper of Portland, Oregon. Dead as well are their shipmates, Jake Gilman, on his first voyage and from Camus, Washington, Joshua Leonguerrero of Spanaway, Washington, and Fuli Lemusu of Salem, Oregon. Missing and presumed dead are Carlos Zebala of Helena, Montana, and Robert Davis of Deming, Washington. In a dramatic rescue, Coast Guard Rescue Swimmer, Dave Coats, pulled Capt. Henry Blake III, of Worcester, Mass., Adam Foster of Shoreline, Washington, Guy Schroder and Harold Appling, both of Anchorage, Ak., from the boiling seas hours after the vessel rolled.

The incident is being investigated and may lead to closer federal monitoring or regulation of the fleet. Survivors and the families of the dead and missing may have general maritime or Jones Act claims if unseaworthiness or negligence played a role in the tragedy.

Originally posted at InjuryBoard by Mike Schneider

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

Baronof Is. Plane Crash Leaves Two Dead

Mike Schneider — Tue, 12 Aug 2008 11:51:01 GMT

Over the weekend the bodies of the pilot and passenger of a Baron 55 were located by authorities on Baronof Is., 30 miles north of Sitka. Names have not been released. If a defect in the plane, or a problem with its maintenance caused the crash, a difficult matter to prove, then the families of both occupants may have wrongful death claims that can be asserted. Otherwise, only the family of the passenger will be able to make a claim for wrongful death. Claims like these require careful investigation by an attorney familiar with the litigation process and the rules governing aircraft maintenance and operation.

Originally posted at InjuryBoard by Mike Schneider

No Justice For Victims of Nome Manlift Fatality

Mike Schneider — Mon, 11 Aug 2008 00:10:00 GMT

Tyler Kahle, of Tomahawk, Wisconsin, was only 19, and his co-worker, Craig Bagley of Anchorage, only 27, when carelessness ended their lives at Rock Creek Mine close to Nome. They were descending from working on a roof in a "manlift" when it came crashing down. The Mine Safety and Health Administration has levied a fine against their employer, Alaska Mechanical, Inc. But thanks to a bill inspired by VECO'S Bill Allen, and carefully shepherded through the legislature by then-senator Ralph Seekins, R. Fairbanks, both the owner of the project and any exposed general contractor are immune. Legal attacks are underway against the statute, but for now it is the law.

Originally posted at InjuryBoard by Mike Schneider