Fairbanks Alaska Statewide Personal Injury Lawyers - Motorcycle Accidents

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

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