Fairbanks Alaska Statewide Personal Injury Lawyers

Christopher Robin Gould Killed. His Family Should File These Claims:

Ward Merdes — Wed, 23 Jul 2008 04:39:03 GMT

The Alaska State Troopers report that 33-year-old Christopher Robin Gould was run over and killed by a front-loader at Viking Lumber, outside of Klawock, Alaska. The accident happened this weekend.

Mr. Gould's family should be aware: (1) the Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070); (2) Mr. Gould's automobile insurance may be available to help his family with this tragedy. Immediately send notice of claim to Mr. Gould's insurance carrier; (3) send notice of claim to Viking Lumber. They are very likely liable, unless Mr. Gould was doing something wrong when he was run over; (4) get the incident report from the Alaska State Troopers ASAP - and consider hiring your own investigator; and (5) contact an attorney to help you ASAP. Wrongful death cases like this are very complicated - and require immediate attention before an insurance companies starts "investigating."

Also, if Mr. Gould was actually working for Viking Lumber at the time, his family should also immediately pursue worker's compensation claims. This requires a specialized attorney. Check around for a good one.

This is not advertisement. Mr. Gould's family can call whatever attorney they want. I'm NOT asking them to call me, providing this information as a public service. Mr. Gould's family could try the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. They can try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org (Caveat: I'm the Alaska director for this organization). They can ask their friends for a good attorney. Just be sure to call an attorney who has handled cases like this before. It's important for Mr. Gould's dependents.

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

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

Alaska Bus Wreck - Korean Luxury Coach Line Corp. - Legal Claims For Injured

Ward Merdes — Wed, 11 Jun 2008 04:09:38 GMT

Thirteen Korean tourists were injured when a Luxury Coach Line bus left the roadway near mile 151 of the Richardson Hwy. It rolled. Three passengers were critically injured and air-lifted to hospitals. The families of these thirteen need to know:

1. They have claims against Luxury Coach Line Corp. for these injuries because the bus driver appears to be negligent for letting the bus roll off the highway. Alaska allows negligence-based personal injury claims for: (a) lost wages; (b) medical bills; and (c) pain/suffering. Depending on the injuries, these can be very large claims - and are worth pursuing;

2. You only have two years to pursue these claims under Alaskan law AS 09.10.070. This is a very important deadline. Take immediate action;

3. Contact an attorney ASAP. Whomever insures the bus is already working to undermine your claims. We strongly urge you to find a good personal injury attorney in Fairbanks, and get him/her moving as soon as possible. Most attorneys charge a standard 33% of whatever they recover for you. If they recover nothing, you pay them no attorney fees. You have nothing to lose by hiring an attorney and letting him/her investigate this wreck; and

4. We are very sorry that your visit to our great state ended this way.

We wish you well. /s/ Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Terry Bowyer Killed in Alaska Motorcycle Wreck. Legal Analysis.

Ward Merdes — Wed, 11 Jun 2008 03:50:12 GMT

The Fairbanks Daily News Miner reports that Terry Bowyer, 57 of San Diego, was killed in a motorcycle wreck at mile 132 of Alaska's Dalton Hwy. It is a gravel road, and very dangerous. The report indicates that Mr. Dalton was riding with "other motorcyclists." It is very important that Mr. Bowyer's family and the other motorcyclists do the following:

1. Keep and eye on Alaska's 2 year Statute of Limitations for wrongful death. If Mr. Bowyer's family is going to bring a claim for this tragic loss, they file a lawsuit within 2 years of the wreck;

2. Alaska's Wrongful Death Statute, AS 09.55.580, provides for an array of claims in situations like this, mainly predicated on whether Mr. Bowyer had "dependents" such as children, or a spouse. It will require a competent accountant and economist to evaluate the total loss;

3. Investigate why this wreck occurred. It is imperative that the "other motorcyclists" with Mr. Bowyer help the Bowyer family understand what happened. Get their statements, ASAP. If this was a situation where Mr. Bowyer simply fell asleep, or did something stupid - that's one thing. On the other hand, if the State of Alaska contributed to this problem with bad road design, or bad road maintenance, a claim against the State (or the maintenance contractor) may exist to help the Bowyer family get back on its feet, financially;

4. Get good experts involved. Find a qualified accident reconstruction expert and consulting engineers to get to this accident scene ASAP. They need to conduct critical roadsurface analysis that will make-or-break any claims that may exist; and

5. Contact an attorney - now. Be sure that he/she understands the Johnson case that requires notice to the State (of the defect) before a claim may exist. Get maintenance logs to carry this burden. Also ask if he/she understands how AASHTO regulations apply to the State's maintenance and construction duties for the Dalton. This is critical. Ask tough questions to find the right lawyer. Find somebody you like and trust. This is important.

Just don't contact me. I am happy to advise of the general law in these situations, but I don't want to look like a vulture or ambulance chaser by suggesting that you contact my law office. I'm tired of being flamed by jerks who think it's OK for the State to ignore its maintenance duties - killing folks like Mr. Bowyer - and who think the victim's family should just sit down and take the beating. Listen to me. Call another attorney - making sure that he/she knows what they are doing with roadway defect litigation. It is a very special area of the law, and requires experience.

Finally, log onto www.SlowDownAlaska.org for valuable insights into Alaska's driving law and how to think your way through related insurance claims. It's free. (Disclaimer: My wife (Lori Merdes) built SlowDownAlaska.org - but it is still an informative and solid site for families in situations like this.)

Having lost a brother in a roadway wreck, I wish the Bowyer family well in this difficult time. Stay tough. /s/ Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Terry Bowyer Killed in Alaska Motorcycle Wreck. Legal Analysis.

Ward Merdes — Wed, 11 Jun 2008 03:48:04 GMT

1. Keep and eye on Alaska's 2 year Statute of Limitations for wrongful death. If Mr. Bowyer's family is going to bring a claim for this tragic loss, they file a lawsuit within 2 years of the wreck;

Having lost a brother in a roadway wreck, I wish the Bowyer family well in this difficult time. Stay tough. /s/ Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Fairbanks Alaska Boating Accident Injures Two Women - Here's The Law They Need To Know...

Ward Merdes — Wed, 11 Jun 2008 01:23:32 GMT

The Fairbanks Daily News-Miner reports that two women were injured in a boating accident allegedly caused by Avery Thomas - who was apparently drunk. The police report that Thomas blew a .137. The legal limit is .08. That's more than 150% of the legal limit. Thomas is toast for this act of stupidity. Here is what the two injured women need to know:

1. Fault: Thomas appears 100% at fault. Under Alaskan law, he is responsible for your injuries, including: (a) lost wages; (2) medical bills; and (3) pain/disfigurement and suffering. Be sure to get good medical care, and keep your empty RX bottles;

2. Applicable Alaskan Tort Laws: Special legal rules usually apply to boating accidents like this - which occur on navigable waters. It's called "Maritime Law" - and it has its share of weird quirks. Fortunately, because of our abundant coast-line, Alaska has a well-developed body of Maritime law. While our highways have "Rules of the Road" - our rivers have similar "Water Rules."The bottom line is that Alaskan law supports holding people responsible for injuring others, particularly in situations like this;

3. Statute of Limitations: The Statute of Limitations for bringing claims for injury related to this boating accident is (likely) two years. If you fail to bring a claim within two years of when the accident occurred, you will (likely) be stripped of all your rights. This is VERY important. Take action now. Mark your calendar;

4. "Serious Crime" Laws: Alaska Statute 09.30.070 provides that you are entitled to full, actual attorney fees, in addition to compensation for your injuries - because Thomas was apparently engaged in a "serious crime" (Drunk Driving) when he hurt you. Make sure your attorney knows about this statute;

5. Insurance Issues: Check to see if Thomas and/or the boat he was driving is insured. He probably is not. If Thomas is NOT insured, file a claim against your own boat and/or automobile insurance, the "Uninsured / Underinsured Motorist" portion. It might cover your claims. Also check to see if the boat you were occupying was insured. Ask the owner (if it's not you). Your own boat may have "Uninsured motorist" insurance that will cover your claims;

6. Hire an Attorney: I know you don't want to, but do yourselves a favor. Hire an attorney ASAP. Maritime cases are tricky, and you need somebody who knows this area of the law. At least interview a number of actual personal injury attorneys (avoid lawyers who "sometimes handle injury cases") - to see if you can find one you like. Believe it or not, Fairbanks has some good personal injury lawyers. We also have some to avoid.

Just don't hire me. You can call me - and I'll walk you through this process for free - but I will not represent you as your lawyer. The reason is because I don't want to be accused of acting like a vulture or ambulance chaser when I write these blogs. It is important that folks understand my motive is pure. I do these blogs to help, not to make a buck off of other people's misfortune.

In fact, I suggest that you hire Joe Paskvan. Mr. Paskvan is in Fairbanks. His phone number is: (907) 452-1205. Mr. Paskvan has absolutely no connection with my office and I get absolutely nothing for recommending him. He's just a good personal injury lawyer. His partner, Ken Ringstad, is also very talented. Hire Joe or Ken to help you.

Or, consider calling the Alaska Bar Association's Lawyer Referral Service: 800-770-9999. It's free. If you like the web, contact the American Association for Justice (AAJ) for a free personal injury attorney referral. Finally, even though this is not an automobile-related wreck, take the time to check out SlowDownAlaska.org for a wealth of driving tips and insurance tips that will help you avoid getting mugged on Alaska's streets.Disclaimer: My law office built SlowDownAlaska.org to help injured Alaskans get a grip on injury law.

I wish you both a speedy recovery. /s/ Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

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

Ward Merdes — Sat, 31 May 2008 13:08:44 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 wait 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

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

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