Fairbanks Alaska Statewide Personal Injury Lawyers

A Quick Note to Governor Riley In Alaska...

Ward Merdes — Sun, 03 Jul 2011 23:21:15 GMT

A quick note to former Alabama Gov. Bob Riley, who was injured when he put down his motorcycle on a gravel road north of Fairbanks a few days back...

1. We hope you are recovering. Fairbanks Memorial Hospital is a first-rate institution. We trust you are receiving quality care.

2. The law in Alaska is clear: The State of Alaska is supposed to keep our roads reasonably safe for all of our visitors. That includes you. This legal standard means dangerous roadways are supposed to be: (1) marked; and (2) promptly fixed.

3. Hire somebody to investigate exactly what caused you to put down your bike. If the roadway was unreasonably dangerous or unmarked, the State of Alaska should share in your losses. Find a good accident investigation firm and pay them a little money to look into this… particularly if you're badly hurt.

4. The Statute of Limitations for injuries to adults in Alaska is two years. You must either informally settle your claims or file a lawsuit within two years, or you will lose valuable legal rights, including the right to compensation for your injuries.

Tort law actually works correctly in Alaska. If you caused this wreck, you bear your own losses. At thes same time, if somebody else had a hand in causing them, they should share in the burden. It's that simple.

We wish you a speedy recovery Governor - and are sorry that your motorcycle trip to Alaska landed you in the hospital.

Regards,

/s/ Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Yard Sale Signs, Kids on Bikes and Potholes

Ward Merdes — Tue, 22 Mar 2011 05:33:57 GMT

What do yard sales signs, kids on bikes and potholes have in common? They are all sure signs that spring has sprung. And they are signs that call for increased caution on Alaska roadways.
Motorists must be on the alert for cyclists and pedestrians of all ages now that people are able to enjoy the warmer temperatures. According to the Alaska Department of Transportation, www.dot.state.ak.us, approximately 20% of all traffic fatalities are pedestrians. Most of those killed are children or elderly people, or people who have been drinking. Whether you drive or walk, here are some tips to help you exercise increased caution this spring to make our roadways safer for all around.
Bicyclists first – remember that you are required to obey traffic signs, signals, and all other traffic laws. Parents, make sure your kids are up to snuff on bicycle safety skills and traffic laws before allowing them to play in the streets.
Motorists - be alert where bicyclists are concerned, and exercise extra caution. Bicycle riders have no vehicle structure to protect them, and are often difficult to see in traffic. Some are too young to have knowledge of all traffic laws. Drivers must be alert and courteous to all cyclists, especially the little ones, but really regardless of age. It’s simply a matter of life and death.
Pedestrians – remember that you have responsibilities too. Obey all traffic laws and signals. Stay on the sidewalk wherever possible. If you have to walk in the road, walk on the left side of the roadway facing oncoming traffic. Wear light colored or reflective clothing if possible. Cross only at crosswalks, and look all ways before crossing, including around the corner.
Motorists - be on the lookout for pedestrians now that the winter is on the wane. Slow down, yield and be prepared to stop when approaching pedestrians who are walking on or crossing roads. Be especially watchful for children near schools and residential areas.
And how about those potholes? Potholes can cause more than expensive car repairs. They can cause serious injury and loss of life. I can attest to that because of the number of clients I have helped after they suffered devastating accidents due to potholes.
Potholes result when water gets under the asphalt, and let’s face it; spring thaw brings lots of water. No disrespect to the Alaska DOT intended but we have some doozies of potholes here in our great state. And we have lots of them, so many in fact that DOT has posted pothole maintenance station phone numbers on their online website, listed both by region and by type of roadway. By all means, report potholes, but most of all, be on the lookout for them. The life you save may be your own.
Slow down Alaska. Be careful out there, be safe, and happy springtime.
Ward

Originally posted at InjuryBoard by Ward Merdes

U/UIM Insurance - It's Personal

Ward Merdes — Tue, 08 Mar 2011 01:58:38 GMT

Uninsured and Underinsured (U/UIM) insurance is the coverage many of my clients depend on when tragedy strikes. Yet it should not take tragedy to make good people realize the potential benefits of the U/UIM provision of their auto insurance policies.
The oft-misunderstood U/UIM insurance provision protects you, personally, even if you are nowhere near your insured automobile. Alaskan Law provides that U/UIM covers you if you are injured by a un/underinsured motorist – even if you yourself are not in or near the vehicle on which you have your original insurance policy. The coverage kicks in you when the person in the motorized vehicle who hurts you does not have insurance, or when they have too little.
Furthermore, your U/UIM provision may protect your family members and other occupants of your insured car.
No case is the same. If you think you might have a claim, you should check with a qualified attorney to determine if your claim may be covered by U/UIM insurance. Whatever you do though, don’t take the word of your insurance carrier. The insurance carrier is the party that pays the claim and, all too often, unfortunately, looks for any reason to deny it.
Although many of my clients do indeed depend on the U/UIM portions of their insurance policies, I try to advise people not to wait for calamity to occur to make sure they are protected with as much U/UIM insurance as they can afford. Cost wise, it is reasonably inexpensive to increase the U/UIM portion of most motor vehicle insurance policies, and it is money well spent. Look into it.
Meantime, be careful out there, and be safe.
Ward

Originally posted at InjuryBoard by Ward Merdes

Alaskan Snowmachiners Must Follow The Law

Ward Merdes — Tue, 22 Feb 2011 22:18:13 GMT

A number of folks have asked me lately what "legal rules apply to snowmobile drivers?" Undoubtedly, the question arises because Alaska has suffered through more than its share of snowmobile accidents this winter. A doctor was killed while dog sledding. A Big Lake man died when he ran into a power pole. Recently, a Deering man stole a sled and actually drove it through an ATCO unit, killing an occupant and badly hurting his female passenger. Alcohol and/or drugs were likely in play in these instances.

You too might be wondering what laws apply to snowmobile wrecks. The answer is "The same as with cars." Alaska enjoys a "negligence" standard for all activities ... including driving cars, walking down the street, and operating snowmobiles. The key inquiry is whether the at-fault party acted "reasonably under the circumstances." In other words, did the guy/gal who caused the problem act normally, or did he/she act like an idiot? Though less-than-legal sounding (my tort professor would wince if he knew I wrote this), the standard for "negligence" really is that simple: Who was acting like an idiot when the accident occurred?

I respectfully submit that drinking and driving a snowmobile makes the driver an idiot. As a matter of law, it makes him negligent. If he hurts somebody while he’s drinking/driving a snowmobile, just as with a car, he will be held accountable for all the damages he causes. If he kills somebody while driving through an ATCO unit ... Welcome him to the world of getting sued... for everything he owns.

You see, the law actually makes sense most of the time. I hope you agree that a drunken idiot who kills somebody should not only go to jail – but should also be sued until he/she bleeds.

Similarly, beware "news" items screaming about frivolous lawsuits. These “news” items normally include about half of the story. When you learn the whole story, most "news" items about frivolous lawsuits lose their luster. What appeared frivolous suddenly starts making sense. As Paul Harvey used to say "Stay tuned for the rest of the story." Therein lays the tension. Remember, "News" sells. For example, when is the last time you read about an airplane that took off, flew smoothly, and landed without incident? Never. That's not news. That’s boring. But, if the same plane piles into the ground with bodies everywhere, that's NEWS. This information bias leads folks to believe that airplane travel is dangerous. We all know it's not. Quite the opposite.

This same bias results in folks thinking that all lawsuits are stupid, or that the civil justice system is "broken." Nothing could be further from the truth ... about 99.9% of the time. Justice is had in the vast majority of situations. In that other .1%, aberration rules the day. Yet, you only read about the .1% ... because it's NEWS.

Pay attention to this information/news bias when you read about snowmobile accidents. Dig hard to get the whole story. Reserve judgment until you are sure you know what is "really going on." Make Paul Harvey proud. Avoid being a "sound bite" victim of news sources with an agenda.

And hey... slow down out there, will ya?

Originally posted at InjuryBoard by Ward Merdes

Slippery Roads Are No Excuse - Bridges Are Still Supposed To Be Safe

Ward Merdes — Sun, 20 Feb 2011 21:47:41 GMT

The Fairbanks Daily Newsminer reports that 43 year old Peter Fine was injured when his southbound, 1998 Toyota 4Runner slid off the Parks Highway. The accident occurred at approximately 5 p.m. after a fresh snowfall had covered roads in Fairbanks. The key here is that ANYBODY can slide off the roadway, but Mr. Fine's SUV reportedly spun out of control and hit the guardrail just before going over a bridge. Furthermore, the SUV jumped the guardrail. The important thing to know here is that a correctly designed bridge keep cars on it. A badly designed bridge allows cars to spin off it. Cars are not supposed to go off bridges ... or over guardrails. Mr. Fines needs to have this wreck investigated by a capable accident reconstruction firm ASAP. Remember, the Statute of Limitations for injury to adults in Alaska is 2 years. I strongly recommend that Mr. Fines contact a qualified Alaskan personal injury attorney ASAP - and have this case looked into. Surf www.SlowDownAlaska.org for more details. Drive safely out there. /s/ Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Moosemania on Alaska Roads

Ward Merdes — Tue, 08 Feb 2011 03:53:07 GMT

Moosemania on Alaska Roads

Got moose insurance? More and more moose related motor vehicle accidents are hitting the headlines here in Alaska lately. Unfortunately, insurance companies sometimes try to deny covering these types of claims, claiming instead that there is no coverage under their standard auto policies for “a moose related incident.” That is patently false.

The truth is that accidents happen. Sometimes they involve moose or other critters that come onto the roadways unexpectedly. In Alaska, we all know that moose are out there, and we try our best to avoid them. All drivers are expected to act “reasonably” under the circumstances, whatever the circumstances are, or they are negligent. So when we see a moose, we are likewise expected to act reasonably, which includes of course NOT driving into a lane of oncoming traffic and colliding with another vehicle instead of the moose. Basically, we should try to avoid Bullwinkle, but try not run into anyone else in the process. Nonetheless, when accidents do happen, and especially when you or someone else is hurt in the process, don’t let any insurer say they don’t cover “a moose related incident.” That’s not Bullwinkle. It’s just bull.

Finally, if you do find yourself in the middle of an accident, especially one with considerable vehicle and/or property damage, and with medical injuries, then there is a strong chance that you should consult with a good attorney about your rights, about what to do next, and about how and when to speak with insurance adjusters.

There is a very important deadline to consider. Under Alaska Law AS 09.10.070, parties involved in motor vehicle accidents generally have only two years to pursue their claims. This does not mean the parties should wait until two years are up before pursuing action. Rather, the families involved should look into taking take action immediately. In many law firms, such as my own, there is no charge for the initial consultation so there is no point in waiting to seek legal advice. Moreover, if your accident results in serious injury or death, then you should begin the process of seeking legal counsel immediately.

You can call me of course, at 907-452-5400, or toll-free at 1-866-452-3741, or research Merdes & Merdes, P.C. at www.merdes.com; or you can access the lawyer referral service of the Alaska Bar Association at www.alaskabar.org, or phone them at 1-800-770-9999 in Alaska, or 907-272-0352 outside Alaska.

Meantime, stay safe out there, and watch out for Bullwinkle.

Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Driver’s Exam Practice Test 03 – Rules of the Road

Ward Merdes — Sun, 30 Jan 2011 00:34:17 GMT

Rules of the Road – it’s an important topic, and the subject of this segment in the Merdes & Merdes continuing series of mini-practice tests for folks preparing to take their written driver’s exam.

These mini-tests are designed to provide safe driving tips and tactics as well as help you pass the exam. You can also log online to the Alaska Division of Motor Vehicles, www.alaska.gov/dmv, and click on the application called “Take the Challenge” to access additional practice tests. The official DMV drivers’ manual, also available at the above referenced web site, focuses on five important categories: Impaired Driving: Driver Responsibilities; Rules of the Road; Vehicle Equipment; and Intersections.

The questions that follow are similar to those you will encounter on the state exam. Though they are not taken from the actual exam, they will provide good practice, so let’s see how you do – good luck.

Practice Test

1 You are approaching a school bus which has stopped with red lights flashing in the oncoming lane. You should:

a) Stop and wait for it to load or unload children.

b) Stop, check for children, and then proceed.

c) Stop and wait until the flashing red lights go off.

d) Watch for children and be ready to stop if you see any.

The correct answer is c) Stop and wait until the flashing red lights go off. This is true whether you are approaching the stopped bus in the oncoming lane or from behind. Remember, our kids are precious cargo, and Alaska Law takes their safety seriously.

2 You are traveling on a two lane highway and there are five or more vehicles behind you. You are required to:

a) Activate your hazard flashing lights.

b) Signal the vehicles behind you to pass.

c) Turn off the highway at the next turnout or safe area.

d) Ignore the vehicles behind you.

The correct answer is c) Turn off the highway at the next turnout or safe area. It is a matter of driver courtesy, common sense and safety, and it’s the law. AS 28.35.140 requires drivers on a two lane roadway outside of an urban area to safely pull over when there are five or more vehicles immediately behind.

3 Headlights must be turned on:

a) From sunset to sunrise.

b) From ½ hour after sunset to ½ hour before sunrise.

c) From ½ hour before sunset to ½ hour after sunrise.

d) From 5 p.m. to 5 a.m.

The correct answer is b) From ½ hour after sunset to ½ hour before sunrise. Though many people drive with their lights on all the time, remember “dusk to dawn” is more than a rule of thumb. It’s the law.

This is the end of the mini-test. How did you do? To qualify for an operator’s license, Alaska law requires you to acquire knowledge, develop driving skills, and to know and follow the Rules of the Road.

Wishing you many safe driving days ahead,

Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Driver’s Exam Practice Test 02 – Impaired Driving Category

Ward Merdes — Sun, 23 Jan 2011 03:02:36 GMT

More good news for folks preparing to take their written driver’s exam. Here is another mini-practice test to help you prepare. These tests are designed to provide safe driving tips as well as help you pass the exam. You can also log online to the Alaska Division of Motor Vehicles, www.alaska.gov/dmv, and click on the application called “Take the Challenge” to access additional practice tests.

The official DMV drivers’ manual, also available at the above referenced web site, focuses on five important categories: Impaired Driving: Driver Responsibilities; Rules of the Road; Vehicle Equipment; and Intersections. Today’s practice test tackles the first of these key categories, Impaired Driving, a matter of life and death.

Practice Test

1 Which factor is present in more fatal motor vehicle crashes in Alaska?

a) Moose.

b) Alcohol.

c) Improper passing.

d) Defective Equipment.

The correct answer is b) Alcohol. Highway fatalities are one of the reasons Alaska has some pretty tough laws against driving under the influence. The problem is prevalent in Alaska and all across the country. According to the Alaska DMV, impaired drivers kill someone in the United States every 30 minutes. That’s nearly 50 people a day, and almost 18,000 citizens a year.

2 Over the counter medications such as diet pills or cold medicines might affect a person’s ability to drive.

a) True

b) False

The correct answer is a) True. There are other drugs and substances besides alcohol that interfere with a person’s ability to drive safely. These include some over-the-counter allergy remedies and cold pills which may contain compounds that can affect driving. Also amphetamines that are used in stimulants and diet pills can make driving dangerous.

3 Alcohol is involved in almost half of all traffic deaths.

a) True

b) False

The correct answer is a) True. Alcohol use is a significant factor in fatal motor vehicle crashes in Alaska. Almost 45 percent of all traffic deaths each year involve alcohol.

This is the end of the mini-test. How did you do? Each year, fellow Alaskans will die on the highway as a result of drinking and driving. Alaska has enacted tough laws to combat this serious problem, and the Alaska Drivers’ exam will test your knowledge and understanding of them. So study up, and don’t drink and drive.

Wishing you many safe driving days ahead,

Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Driver’s Exam Practice Test 01– Impaired Driving Category

Ward Merdes — Sun, 23 Jan 2011 02:26:56 GMT

Preparing to take your written driver’s exam? Good news. Here is a mini-practice test to help you prepare. It is one in a series of tests designed to provide safe driving tips as well as help you pass the exam. You can also log online to the Alaska Division of Motor Vehicles, www.alaska.gov/dmv, and click on the application called “Take the Challenge” to access additional practice tests.

Practice Test

1 The penalties for a first time conviction for Driving Under the Influence (DUI) may include:

a) A minimum fine of $1500.

b) A minimum of 72 consecutive hours of jail time.

c) Revocation of driving rights for a minimum of 90 days.

d) All of the above.

The correct answer is d) All of the above. DUI is a serious offense in Alaska. According to the Alaska DMV, impaired drivers kill someone in the United States every 30 minutes. That’s nearly 50 people a day, and almost 18,000 citizens a year. About 97 percent of Americans see impaired driving as a threat to themselves and their families. Are you one of them?

2 You can be arrested for a DUI while driving a 4-wheeler or a snow machine.

a) True

b) False

The correct answer is a) True. If you operate a motor vehicle (not just an automobile) with a breath alcohol concentration of .08 or more, by Alaska law you are presumed to be driving under the influence.

3 If you drink coffee after drinking alcohol, you will be sober enough to drive.

a) True

b) False

The correct answer is b) False.

After drinking there is nothing you can do but wait. Coffee, fresh air, food or a cold shower might help you wake up, but they won't sober you up. Alcohol is burned up by the liver and eliminated from the body through the kidneys and lungs. Only time will help.

This is the end of the mini-test. How did you do? Alaska has some pretty tough laws against driving under the influence, and the Alaska Drivers’ exam will test your knowledge and understanding of them. So study up, and don’t drink and drive.

Wishing you many safe driving days ahead,

Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Slip-sliding into the New Year

Ward Merdes — Sat, 22 Jan 2011 22:22:14 GMT

Slip-sliding into the New Year

Every year during the holiday season, we at Merdes & Merdes, P.C., record a holiday voice mail that starts something like, “Happy holidays from the Law Firm of Merdes & Merdes.” Then, after detailing the usual ways to leave a message we end by saying something like, “We hope you have a safe and happy New Year.”

Since my dad, Edward A. Merdes, started the firm in the 1950’s we have recorded so many holiday messages that I could probably do it in my sleep.

But what I really want to say to my fellow Fairbanksans is, be careful out there. You are my family and friends, my community and colleagues. I do not want you be a statistic. I do want to see your names in the daily newspaper among those injured or killed on Alaska roads.

Slow down Alaska – this year it’s exceptionally slippery out there. An unseasonably warm winter storm hit the Interior recently and left our roadways even icier than usual. Now we are in the dead of an Alaskan winter and black ice lurks around the bends and on the bridges we drive every day.

Vehicles are slip-sliding away out there. Hopefully one of them will not be sliding into you, but if you do find yourself in the middle of an accident, here are some things you should know.

First, legal issues will arise in almost every motor vehicle accident. Legal issues can be limited to simple interaction with a police officer on the scene; or they can involve complex litigation with multiple drivers, insurance companies, and automobile and other product manufacturers.

For a simple accident with clear fault, minor damages, no medical injuries and responsive insurance adjusters, you may be able to handle all matters without an attorney.

However, if you are involved in a serious accident with considerable vehicle and/or property damage, and with medical injuries, then there is a strong chance that you should consult with a good attorney about your rights, about what to do next, and about how and when to speak with insurance adjusters.

In summation, I enjoy my work. Like my father before me I have enjoyed serving my fellow Fairbanksans for many years, but I still do not like seeing my friends and neighbors injured or killed on Alaska’s slippery roadways. What I still really want to say to Alaskans everywhere is be careful out there. Slow down Alaska – and have a safe and happy New Year.

Ward Merdes

Originally posted at InjuryBoard by Ward Merdes