Myong Thayer's Death An Accident... What To Do Now?
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Accidents provide foundation to almost all civil actions.
Channel 2 of Anchorage reports that investigation of Myong Thayer's death in Ketchikan Alaska reveals that it was an "accident." Thayer apparently stepped out in front of a bus owned by Alaska Amphibious Tours. Also, there was no presence of alcohol or drugs in the bus driver's system. Does this mean that the Thayer family has no claim? Far from it. Keep reading...
An "Accident" is the foundation of almost every civil claim for personal injury / wrongful death. Think about it. If the injury/death was not an "accident," it would have had to be "intentional" - right? What happens to people who intentionally hurt/kill other people? They go to jail. They're criminals. We don't want them on our streets.
So, a civil claim for personal injury / wrongful death (as opposed to a criminal case) must, by definition, arise from an "accident" - most of the time. The question is whether the accident could have been prevented. If the "accident" could have been prevented, then the person who could have prevented it - owes a debt to the injured / killed person. It's that simple.
The Thayer family needs to fully investigate Myong's death. It would be very unwise to stop now, shrugging your shoulders because the case was determined to be an "accident" with no drugs/alcohol involved.
Let me explain: Suppose that your investigation shows the bus' brakes failed due to bad maintenance. Or, suppose the bus driver, though not drunk or high, was talking on a cell phone - and just didn't pay close enough attention. Finally, suppose the bus driver was simply driving too fast for the conditions.
In each of these situations (and many more), the bus company - Alaska Amphibious Tours - would be responsible to the Thayer family for the full value of Myong's life. That's a lot of money that should be paid if the bus company caused Myong's death.
BOTTOM LINE: Immediately hire an honorable lawyer, well before the two year statute of limitations expires. Call a lawyer who really knows what he/she is doing with personal injury and death claims. Most credible lawyers will investigate for free, and then only accept the case on a "contingent fee" basis, meaning they are only paid fees if they win the case. The Thayer family has nothing to lose, and everything to gain. And, if the bus company was in the wrong, you must stop them - before they kill the next person.
For more information on this subject, please refer to the section on Car and Motorcycle Accidents.