Alaska Personal Injury Blog

Alaskan Auto Wreck in Seldovia. The Passenger's Rights:

Ward Merdes — Thu, 01 May 2008 12:00:56 GMT

The Homer Alaska News reports that a 04/24/08, single-car crash killed Seldovia resident Laramie Morrison, 28, and injured his passenger, Sonny Agli, 29. The wreck occurred when Morrison lost control and hit a tree near Mile 1 Jakolof Bay Road in Seldovia. Neither were wearing seatbelts. Morrison was speeding. Alcohol is suspected to be involved.

It is important for Agli to immediately contact legal counsel. The fact that Agli was not wearing a seatbelt does NOT eliminate his injury claim - it just makes it smaller. The reason Morrison had insurance on Morrison's vehicle is to protect people like Agli in situations exactly like this.

Agli should also remember that the Statute of Limitations for personal injury in Alaska is two years. So while this is an undoubtedly difficult time for Agli, he should not delay in asserting his rights - or he will lose them.

"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 preponderence 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 way to see if you'll hurt later. And, jump at the chance to get an MRI. A picture really is worth a thousand words...

Plane Crashes in Alaska: Serious Injury and Death Above U.S. Averages

Mike Schneider — Tue, 22 Apr 2008 22:55:50 GMT

Fast changing weather, bush landing sites, animals on the runways, and pilot inexperience help make Alaska a very dangerous place to be an aircraft passenger. Pilots die at a rate 100 times the average mortality of U.S. workers. In just the first three months of of 2008 the NTSB investigated 11 crashes that resulted in 7 deaths. Frequently pilots for air taxi operations are overworked and under loved. Informed passengers can check www.asias.faa.gov for information on pilot experience, while www.ntsb.gov provides accident details and information about operator experience. Things are getting better with technological advances. 82 weathercams are in place and another 139 planned. Go to http://akweathercams.faa.gov to get current visuals on potentially dangerous routes. The families of those hurt, and people seriously injured in air accidents should hire a good attorney familiar with Alaska aviation law and the ability to develop and, if necessary, try an aviation crash case.

No Insurance For Your Injuries? Think Again...

Ward Merdes — Fri, 18 Apr 2008 01:50:17 GMT

Insurance companies sell Alaskan Uninsured Motorist Insurance. Unfortunately, they never tell their clients what it does for them - and never admit that it's there to help their injured clients after a car wreck. Here's what you need to know about Uninsured Motorist Insurance...

First, it insures: (1) the NAMED insured, regardless of where that NAMED insured is sitting, standing, walking or sleeping. You are insured even if you are nowhere near your car; (2) all passengers in your insured car (if you have a wreck, be sure to tell your other occupants that you paid for their insurance); (3) all "Resident Relatives" - folks who are related to you by blood or marriage, living in your household. (If your nephew lives with you, and is walking down the street when he gets run over ... your Uninsured Motorist insurance covers him.); and (4) all other folks who have claims due to injured occupants. (If a passenger is badly injured, his/her spouse has a claim against your Uninsured Motorist insurance).

Second, Uninsured Motorist insurance STACKS on top of all other insurance. If the other driver is at fault and he/she only has $100K of liability insurance, your Uninsured Motorist insurance covers you IN ADDITION to that $100K.

Third, you need not sign a release of claims in order to be paid. That means you can settle for your "known" injuries today. Then, if other injuries crop up later (they sometimes do) - you can file a second claim against that same Uninsured Motorist insurance.

BOTTOM LINE: Insurance companies don't want you to know how to use the Uninsured Motorist insurance you bought. Follow the above guidelines, and they will pay your claims.

Turn Tightly - Then Change Lanes

Ward Merdes — Fri, 18 Apr 2008 01:39:20 GMT

Here's a driving irritant that has been killing me...

When did it become OK to "turn wide" (pardon the grammar)? The driving law in Alaska, and (I've got to believe) every other state makes it painfully clear that when turning onto a multi-lane highway, you MUST first turn into the nearest lane, travel until it's safe, and THEN change lanes to the distant lanes.
Folks seem to think that it's OK to "Swing Wide."
It's not. Stop it. You're (literally) killing me.

You're also killing other Alaskan drivers.

Helicopter Crash Kills Four

Mike Schneider — Thu, 17 Apr 2008 21:25:10 GMT

An ERA helicopter carrying state workers and a 14 year old boy crashed Tuesday in bad weather. The crash took place about one mile Southeast of mile 119 of the Glenn Highway. The state workers were on their way to maintain communications equipment on Lion's Head. The only survivor, 14 year old Quinn Ellington, is hospitalized after his rescue the following day after weather lifted. Dead in the crash are the ERA pilot, Benoit Pin, 39, of Anchorage, Thomas E. Middleton, 46, of Anchorage, Joseph C. O'Donnell, 47, of Girdwood, and Michael D. Sewardhttp://www.adn.com/news/alaska/aviation/story/378511.html, 37, of Palmer. While the crash is being investigated, there is little doubt that the passengers have civil claims for their wrongful death and injury. Cases like these require careful investigation and experience in aviation claims practice. A two year statute of limitations applies, but the families should retain competent counsel as soon as possible.

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.

Fire Deaths May Result In Lawsuits

Jane Schneider — Fri, 04 Apr 2008 00:08:24 GMT

There have been many deaths and serious injuries this winter from fires where smoke alarms were apparently not in use. Where these events happen in private homes and the dead and injured are the owners or the family members of the owner, there is often little that can be done. But in rental property, and under certain circumstances, the victims may have claims against those that own or maintain the units. It take a good attorney and good investigation to put such claims together and get a good outcome for the client.

Assault Conviction Could Make Civil Suit Easy

Jane Schneider — Wed, 02 Apr 2008 00:48:35 GMT

Cassalin Blawat, 18, has been charged with assault for stabbing her boyfriend in Anchorage a couple of weeks ago. If she is convicted, or pleads either guilty or no contest to the charges, her civil liability to pay for her boyfriend's harms and losses will be "collaterally established" by the criminal proceedings. The Alaska Supreme Court has so held on many occasions. If she had homeowner's coverage or renter's insurance at the time of the assault, the boyfriend may be able to recover his damages.

Crash Leaves One Dead, One Seriously Injured

Jane Schneider — Mon, 31 Mar 2008 00:32:48 GMT

3/9/08 at 8:30 p.m. witnesses reported that Marie Niemeic was westbound in the eastbound lanes of O'Maley Road between the Old Seward Highway and C street. The head on collision she caused with Ashley Goldman left Goldman seriously injured and Niemeic dead. Goldman will need a good attorney to help her through the legal maize.
Unless Niemeic's insurance company voluntarily pays its liability limits, an estate will need to be opened for Niemeic.

And to preserve all possible claims, Goldman, even if she goes to the trouble of opening the Niemeic estate, will still have to assert a formal claim in the probate proceedings while she fights with Niemeic's insurance company. If the right agreements aren't made with Goldman's carrier regarding any settlement with Niemeic, then Goldman's own underinsured motorist coverage on her vehicle may have defenses to Goldman's claims that she will have a hard time getting around.