Fairbanks Alaska Statewide Personal Injury Lawyers - Wrongful Death

Sterling Highway Crash leaves 1 dead and 3 in critical condition

James Cool — Wed, 18 Feb 2009 00:31:14 GMT

Soldotna, Alaska—KTTU and the Anchorage Daily News report that a head-on collision left 1 dead and 8 injured (3 critically) on February 16, 2009. At around 3:25 p.m., while traveling along the Sterling Highway, a 2000 Ford Windstar driven by 74-year old Saylor Rehm of Kenai collided head-on with a 2006 Dodge Pick-up driven by Galen McIver of Wasilla. The crash closed the Sterling highway between Soldotna and Sterling for more than four hours as emergency response teams tended to the injured and removed the vehicles from the roadway. 58 year old Cindy Rehm, a passenger in the Ford Windstar, perished in the accident. 3 of the passengers from both vehicles were listed in critical condition as of this writing and 5 others sustained injuries in the crash.

According to KTTU: “In addition to Saylor and Cindy Rehm, the other passengers in the Windstar were Danielle Rehm, 17; Kyle Wisnewski, 18; Leah Stephens, 18; and Randy Jackson, 16. All reside in Kenai. The three occupants of the Dodge were driver Galen McIver, 48; Daniel Monk, 45; and Dawson Monk, 45. All live in Wasilla.”

Our thoughts and prayers go out to those injured and in critical condition. We wish you a speedy recovery and hope that you have not suffered any lasting injury in the crash. We also share the sorrow of the Rehm family and offer our sincerest condolences to Cindy’s loved ones. We are very sorry for your loss. We know that grief and the aftermath of an accident can be confusing and overwhelming. Here are a few things that you should know:

The KTTU report suggests that the driver of the Windstar, Saylor Rehm may have fallen asleep at the wheel. Nonetheless, it is not 100% clear who is responsible for the accident or what caused it. Even if Mr. Rehm did fall asleep, it is unknown what caused that. The only ways to find out who is responsible for the accident are to:

(1) Seek out the incident report from the Alaska State Troopers ASAP. (Visit http://www.dps.state.ak.us/PIO/ for information on obtaining reports.)

(2) Hire an investigator to examine the scene of the accident. It may already be too late to determine the exact conditions of the road or other helpful information, but the sooner you can collect evidence from the scene where the accident happened, the more valuable it will be.

Once you have this information you should:

(3) Contact an attorney to help you ASAP. Depending on the circumstances you may or may not have a viable claim. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information to the families involved. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

(4) Remember that the Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim goes away and you may lose the ability to pursue it. Ms. Rehm’s survivors can bring claims on her behalf. Her natural survivors would be a spouse or child.

(5) Also be aware that if Saylor Rehm had an insurance policy, even his passengers can make claims against this policy in order to recoup their medical expenses and money for injuries they have suffered. This is of course also true for the occupants of the Dodge if Mr. Rehm was at fault.

(6) Never forget that anything you say to your or anyone else’s insurance company may be recorded and can later be used against you. We encourage you to contact an attorney as soon as possible so they can advise you how to handle your own insurance company and so they can deal with the other guy’s.

(7) Always remember it’s critical that everyone drive safely and carefully as Alaska roads can be very dangerous. For more information about staying safe on Alaska’s icy roads, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

19 year old U.S. Army Soldier dies in Alaska Car Wreck

James Cool — Wed, 07 Jan 2009 16:01:41 GMT

Anchorage, Alaska—The Alaska Daily News reports that 19 year old soldier Travis Foster died in a car crash on the Tok Cutoff near Anchorage on December 21, 2008. According to reports, Mr. Foster was driving north on the cutoff when, for reasons unknown, he crossed the centerline and collided with a freightliner traveling in the opposite direction. Reports do not indicate what the possible causes of the accident may have been and do not specify whether drugs or alcohol were involved.

Our hearts and condolences go out to Mr. Foster’s friends and family. We are deeply sorry for your loss. While you must undoubtedly take time to grieve and mourn Travis’ death, it is also important that you be mindful of the rights you have as Travis’ survivors. We know that the weeks immediately following the death of a loved one can seem like a daze and are often very confusing, so here’s what you need to know:

(1) The Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim goes away and you may never be able to recover for the damages associated with Travis’ death. As Travis’ successors you are able to bring a claim on his behalf to recover for damages associated with his death in the event that it was caused by the other driver’s negligence, or unsafe road conditions as a result of municipal negligence. In addition to being able to recover for the loss of Travis’ life and damage to his property, you may also be able to sue for any suffering he endured prior to his death but following the accident.

(2) You may want to investigate whether the driver of the freightliner (Ronald Auzenne of Lacey, Washinton) was on the clock at any job at the time of the accident. If he was working for someone when the collision occurred, you may be able to bring a claim against his employer(s) and their insurance company for compensation for Travis’ death and related expenses.

(3) Look into hiring a good accident re-constructionist. People do not typically cross over into the other lane of traffic without a reason. It’s possible that a flaw in the roadway’s design or a failure to properly maintain the roadway on the part of Alaskan government may be responsible for the accident. It’s also possible that the actions of another driver, one not mentioned in the article, may have caused the accident. The only way to know whether this is the case is to hire an investigator as soon as possible. If you wait too long, all the evidence needed to re-construct the accident may be gone. Feel free to contact Ward Merdes (info below) for a referral to an accident re-constructionist in Alaska.

(4) Contact an attorney to help you ASAP. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information to Mr. Foster’s family. If you would like a referral, feel free to contact Ward Merdes or try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

No matter what the circumstances surrounding the accident were, it’s critical that everyone drive safely and carefully because icy Alaskan roads can be very dangerous. For more information about staying safe on Alaska’s icy roads and everywhere else, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

Update on Christmas Eve Crash

James Cool — Mon, 05 Jan 2009 23:49:24 GMT

We recently blogged a Christmas Eve crash on the Seward Highway at O'Malley road. The post can be found here. Sadly, this is an update to that post.

The Anchorage Daily News reports that 7 year old Nicholas Sims has succumbed to injuries sustained in the crash and passed away on December 29, 2008. Our cincerest condolences go out to Nicholas' family and friends. There is nothing more tragic than the death of a child.

As an update to the previous post, please note the following:

1.) Nicholas' parents may be able to bring an action against the other drivers for wrongful death. If the accident was the result of someone else's negligent then their insurance may be available to help cover the costs associated the Nicholas' funeral services, burial, as well as your emotional suffering.

2.) Alaskan law recognizes what is known as a survivor action. This allows for Nicholas' survivors (his parents) to bring a suit to recover damages for all of the pain and suffering Nicholas endured following the accident until his death.

3.) It doesn't matter who was cited in the accident. It doesn't matter if no one was cited. Your best best is to contact an attorney ASAP. Only an attorney who has properly handled cases like this can properly advise you of your rights.

4.) Even if the driver of Nicholas' vehicle was responsible for the accident, their insurance may still be available to help with the costs of his care following the accident, funeral and burial expenses and more.

5.) For more information you can contact Ward Merdes for a referral at the number below or you can contact the Alaska Bar Association for a free lawyer referral at 1-800-770-9999, or visit the National Board of Trial Advocacy website at www.nbtanet.org.

Originally posted at InjuryBoard by James Cool

Two-Car Accident on Christmas Eve Sends Three to the Hospital. What Those Involved Need to Know….

James Cool — Mon, 05 Jan 2009 14:00:52 GMT

Anchorage, Alaska—KTTU news reports that on Wednesday, December 24, 2008 a two-car accident closed the southbound Seward Highway ramp at O’Malley road for over two hours. The accident occurred when the driver of a Volkswagen Beetle attempted to turn onto the Seward highway from O’Malley road and was struck by oncoming traffic while crossing over to the opposite lane of the highway. Three people were sent to the hospital including 41-year-old Laura Sims and her two children ages 7 and 10. Ms. Sims and her 10-year old daughter were treated and released. As of last report, her 7 year old son remained in the hospital with critical head injuries.

We hope that the boy is recovering from his injuries quickly and that everyone involved is okay. We wish everyone a speedy recovery from their injuries.

It is also important to note that the cause of this accident had not been determined at the time this story went to press, however there have been an “unprecedented” 4 fatalities resulting from car accidents in December in Alaska. The Alaska Troopers are urging everyone to slow down in these dangerous, wintry conditions. Whether snow/ice is determined to be the cause of this accident or not, it is absolutely critical that everyone pay extra attention when driving on icy/snowy roads. The posted speed limits are merely guidelines and maximum speeds under ideal circumstances. Conditions such as snow or ice often necessitate you traveling at a speed below the posted speed limit. It’s also critical that motorists understand a concept known as “the basic speed law.” This essentially says that a motorist may only travel as fast or slow as is reasonably prudent under the circumstances. In other words, even traveling below the speed limit can be a violation of the law and your duty to other motorists under sufficiently dangerous conditions. Please take a moment and visit www.slowdownalaska.org to learn more about staying safe on wintry Alaskan roads and everywhere else.

For everyone involved in the accident, please remember:

(1) The Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to assert any claims you might have in court or they may be lost forever. A failure to bring the claims within the statute of limitations period (2 years) gives the other party an automatic defense to whatever claims you bring and may cause you to lose the right to compensation, no matter how severe your injuries may be.

(2) If you were a driver or passenger in either of the vehicles, your insurance policy may be available to cover any expenses from any injuries you sustained in the crash. If you were a passenger in a vehicle, the driver’s auto-insurance may cover your expenses. Additionally, if the driver of the vehicle you were in has a med-pay provision in their insurance policy, that may also be available to cover your medical expenses. Obviously, if the Alaska State Troopers determine who is at fault, the insurance carrier for the party at fault may be available to cover some or all of your expenses and to compensate you for your injuries. For more on this, please see #3. Finally, even if the driver(s) of the other vehicle(s) are uninsured or not adequately insured, then your or your driver’s under/uninsured motorist coverage may cover any shortfall. If any of the drivers were driving a vehicle other than their own, the vehicle owner’s auto-insurance policy may cover you as a driver of the vehicle. To sort out the mess of determining whose insurance covers what it is recommended that you contact an attorney who handles auto-injury cases as soon as possible.

(3) Seek out the incident report from the Alaska State Troopers ASAP - and consider hiring your own investigator (Visit here for information on obtaining reports. It may already be too late to determine the exact conditions of the road or other helpful information, but the sooner you can collect evidence from the scene where the accident happened, the more valuable it will be.)

(4) Contact an attorney to help you ASAP. Depending on the circumstances you may or may not have a viable claim. However, it is critical that you speak with someone who can properly advise you of all of your rights. For more information on finding an attorney you can contact Ward Merdes for a referral at the number below or you can contact the Alaska Bar Association for a free lawyer referral at 1-800-770-9999, or visit the National Board of Trial Advocacy website at www.nbtanet.org.

(5) Please remember that any statements you make to the police or to your, or anyone else’s insurance company may be recorded and later used against you. For this reason, it is imperative that you speak with an attorney. Additionally, your attorney will be able to handle your discussions with your insurance company without exposing you to any unnecessary problems and can advise you of how to best obtain compensation for any injuries you sustained in the crash.

While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information to the parties involved. No matter who you contact, just be sure to hire an attorney who has handled cases like this before.

Originally posted at InjuryBoard by James Cool

Crash on the Palmer-Wasilla Highway leaves one dead. Here’s the law……

James Cool — Mon, 05 Jan 2009 13:58:53 GMT

The Anchorage Daily news reports that a two-car accident on December 19, 2008 in the Mat-Su valley left one woman dead. According to reports, the sedan driven by the deceased, Judy White, was rear-ended by a large pick-up truck at approximately 3:30 p.m.. Early reports suggested that Ms. White had slowed down or stopped on the snowy roadway when the pick-up collided with her vehicle. Reports also indicate that both drivers were wearing the seat-belts.

Our sincerest condolences go out to Ms. White’s loved ones. It is awful to lose someone you care about, especially during the holiday season. Please accept our warmest regards.

However, there are a few things that Ms. White’s family and the driver of the pick-up should be mindful of:

Mrs. White:

(1) The Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim goes away and you will never be able to file it. As Ms White’s survivors, you can bring an action on her behalf. Her natural survivors would be a spouse or child, however parents or siblings can bring a wrongful death action if Ms. White was unmarried and childless.

(2) You’ll want to find out if the driver of the pick-up was on anyone’s clock at the time of the accident. If so, then the employer’s insurance may be available to assist you with costs resulting from the accident.

(3) Be sure to notify the carrier of any life insurance policy Ms. White may have had as soon as possible. Usually the carrier will require proof of a death certificate. Though this is unsavory business, it is often necessary in order to handle the costs of a burial and funeral services.

(4) Social Security benefits may be available to help you with the costs associated with Ms. White’s passing.

Social security provides a very limited death benefit of $255, available to spouses or dependent children. There are also survivor’s benefits for:

Spouses age 60 or older,
Disabled surviving spouses age 50 or older,
Spouses under 60 who care for dependent children under 16 or disabled children,
Children of the deceased under the age of 18 or who are disabled.

To receive these benefits, you must report the death to the Social Security Administration at 1-800-772-1213

(5) Seek out the incident report from the Alaska State Troopers ASAP - and consider hiring your own investigator (Visit http://www.dps.state.ak.us/PIO/ for information on obtaining reports. It may already be too late to determine the exact conditions of the road or other helpful information, but the sooner you can collect evidence from the scene where the accident happened, the more valuable it will be.

(6) Contact an attorney to help you ASAP. Depending on the circumstances you may or may not have a viable claim. Additionally, if Ms. White was unmarried and had no children her claim would be “worth” less than normal. However, Alaska recognizes a “survivor action.” All that means is that Ms. White’s claim survives her death and that the pain and suffering she endured may be alleged by her successor(s). This means that if the other driver was at fault for Mr. White’s death, then her pain and suffering prior to death may entitle her successor(s) to damages.

The Driver of the Pick-Up

(1) It is advisable that you contact an attorney as soon as possible to help advise you about how to handle questions from the police, insurance company, or your employer if you were working.

(2) It is also advisable that you seek out an attorney because of any potential liability you may face as a result of the crash.

(3) Please remember that any statements you make to your, or anyone else’s insurance company may be recorded and later used against you. For this reason, it is imperative that you speak with an attorney.

No matter what the circumstances surrounding the accident were, it’s critical that everyone drive safely and carefully as Alaska roads can be very dangerous. For more information about staying safe on Alaska’s icy roads, please visit www.slowdownalaska.org.

While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information to the families of those involved. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

Originally posted at InjuryBoard by James Cool

Crash at Seward Highway/Bird Creek leaves one dead and two injured. What those involved need to know….

James Cool — Mon, 05 Jan 2009 13:57:23 GMT

Anchorage, Alaska—KTTU news reports that on Tuesday, December 23, 2008 a two-car accident closed the Seward highway near Bird Creek for nearly four hours and left one dead and two seriously injured. The Alaska Daily News Reports that the crash occurred at approximately 3:40 p.m. in “heavy snow.” The Saab driven by 27 year old, Nichole Johnson of Girdwood apparently fish-tailed out of control and spun into oncoming traffic where it was T-boned by a Subaru driven by 35 year old Savuth Chhin of Anchorage. Johnson’s car was severely damaged in the wreck and her passenger, 22 year old Meghan Murrell of Pennsylvania, was trapped inside the vehicle with her three year old daughter. Despite the efforts of emergency response teams, Ms. Murrel died at the scene as a result of injuries she sustained in the crash. Thankfully, her daughter, Adiya was unhurt. Both drivers, Savuth and Johnson were transported to the hospital for injuries they sustained in the crash.

Before we discuss any of the legal issues involved in this crash, it seems appropriate that everyone reading this observe a moment of silence for Ms. Murrel and for her young daughter who lost her mother in this tragic accident.

Thank you. It is also important to note that the cause of this accident had not been determined at the time this story went to press, however investigators on scene believed it may have been caused by the snowy conditions and/or the drivers traveling at speeds too fast for the snowy conditions. Whether this is determined to be the cause or not, it is absolutely critical that everyone pay extra attention when driving on icy/snowy roads. The posted speed limits are merely guidelines and maximum speeds under ideal circumstances. Conditions such as snow or ice often necessitate you traveling at a speed below the posted speed limit. It’s also critical that motorists understand a concept known as “the basic speed law.” This essentially says that a motorist may only travel as fast or slow as is reasonably prudent under the circumstances. In other words, even traveling below the speed limit can be a violation of the law and your duty to other motorists under sufficiently dangerous conditions. Please take a moment and visit www.slowdownalaska.org to learn more about staying safe on wintry Alaskan roads and everywhere else.

With respect to Ms. Murrell’s next of kin and the guardians of her daughter:

(1) Both drivers’ insurance policies may be available to assist with any injuries the child sustained.

(2) It’s imperative that you contact an attorney as soon as possible. Be sure to contact someone who handles personal injury cases and ideally, someone who is already licensed to practice in and familiar with Alaska. You may be entitled to recover compensation for Ms. Murrell’s death, both to provide for her funeral expenses as well as to help compensate her daughter for the loss of her mother. Whether the party responsible is Ms. Johnson or Mr. Chhin is not clear from the news reports but this is something you can find out in time with the advice of an experienced attorney who has handled cases like this before.

For everyone involved in the accident, please remember:

(2) If you were a driver or passenger in any of the vehicles, your insurance policy may be available to cover any injuries you sustained in the crash. If you were a passenger in a vehicle, the driver’s auto-insurance may cover your expenses. Additionally, if the driver of the vehicle you were in has a med-pay provision in their insurance policy, that may also be available to cover your medical expenses. Obviously, if the Alaska State Troopers determine who is at fault, the insurance carrier for the party at fault may be available to cover some or all of your expenses and to compensate you for your injuries. For more on this, please see #3. Finally, even if the driver(s) of the other vehicle(s) are uninsured or not adequately insured, then your or your driver’s under/uninsured motorist coverage may cover any shortfall. If any of the drivers were driving a vehicle other than their own, the vehicle owner’s auto-insurance policy may cover you as a driver of the vehicle. To sort out the mess of determining whose insurance covers what it is recommended that you contact an attorney who handles auto-injury cases as soon as possible.

Originally posted at InjuryBoard by James Cool

5 Car Mash-Up Kills One and Injures Two on Seward Highway Near Girdwood

James Cool — Wed, 31 Dec 2008 19:01:31 GMT

The Anchorage Daily News reports that a five-car accident on the Seward Highway took one life and left at least two others seriously injured. The paper reports that the accident occurred when a motorist traveling north attempted to pass vehicles in front of him/her by accelerating into the passing lane where a collision with a southbound vehicle occurred. Following this initial impact the drivers apparently lost control of their vehicles and three other cars/trucks were pulled into the accident. Emergency personnel was required to help remove motorists from their vehicles using the jaws of life.

Before going any further, it’s important that everyone take a moment of silence for the family, friends and loved ones of Heather (last name unknown) who was apparently the individual who died in the crash. Losing a loved one is impossibly hard to bear, particularly in the holiday season. Our hearts and prayers go out to Heather’s family and friends.

This article has two parts. The first will deal with Heather, the one fatality. The second part will deal with everyone else.

Part 1

However, as you cope with the grief you undoubtedly feel, there are some things that you should keep in mind. Though lawsuits are unpleasant and so is dealing with insurance companies, as Heather’s survivors you have rights and one of those rights may be that you are entitled to compensation for any suffering she endured, the effects of her loss and the costs of her burial and funeral services. As Heather’s family and next of kin should be aware you may have a claim for “wrongful death” or be able to bring a “survivor action” on behalf of Heather. This basically means that as her survivors you can sue to recover damages for the suffering she endured prior to her death if the accident was caused as a result of someone’s negligence or bad driving. You may also be able to sue for the loss of her companionship, income etc. depending on the circumstances as well as the emotional pain and suffering this loss has caused you. With this in mind, please consider the following:

(1) The Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim goes away and you may lose the ability to bring your case in court. As Heather’s survivors, you can bring an action on her behalf. Her natural survivors would be a spouse or child, however parents or siblings can bring a wrongful death action if Heather was unmarried and childless.

(2) Seek out the incident report from the Alaska State Troopers ASAP - and consider hiring your own investigator (Visit http://www.dps.state.ak.us/PIO/ for information on obtaining reports. It may already be too late to determine the exact conditions of the road or other helpful information, but the sooner you can collect evidence from the scene where the accident happened, the more valuable it will be. Re-creating what happened at the scene of the accident may be crucial in determining who is at fault for the accident and whose insurance ought to pay what to whom. Once you determine who was likely at fault for the accident, see if they were working for anyone at the time. There is some suggestion that a Hemi truck was involved—find out if that is a work truck for some company.

(3) If Heather was driving, her auto-insurance and/or any life insurance she had may be immediately available to help with the expenses surrounding her death and burial. An attorney can help you negotiate with Heather’s insurance company, but you can also contact them directly. Just be careful not to sign anything without first consulting an attorney.

(4) Contact an attorney to help you ASAP. Depending on the circumstances you may or may not have viable claims but it’s an important to have an attorney advise you about it. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information only. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

Part 2

(1) It is advisable that everyone involved contact an attorney as soon as possible. You may have personal injury and property damage claims against other drivers or the city/state. You may also face liability of your own if you acted negligently or violated traffic laws. For this reason, the best thing you can do is contact an attorney to advise you about your specific situation. You can call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

(2) Anyone else injured in the crash has two years under Alaskan law to bring their claim in court or settle it. If you do not assert your claim within two years it may go away forever. The only exception will be any minors who will not forfeit their claim until two years following their 18^th birthday.

(3) Notify your insurance carrier of any claims which you feel you might have resulting from damage to your vehicle or injury to you. However, do not sign anything or waive any of your rights without first consulting an attorney.

(4) Please remember that any statements you make to your, or anyone else’s insurance company may be recorded and later used against you. For this reason, it is imperative that you speak with an attorney.

No matter what the circumstances surrounding the accident were, it’s critical that everyone drive safely and carefully as Alaska roads can be very dangerous. Also, please remember that no matter how late you are or how badly you want to get somewhere, it’s never worth risking your or someone else’s life. For more information about staying safe on Alaska’s icy roads, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

87 Year Old Alaskan Woman Killed in Two-Car Accident on Sterling Highway

James Cool — Tue, 25 Nov 2008 21:25:09 GMT

Soldotna, Alaska—KTTU News Alaska reports that 87 year old Mary Hunter was killed in a two-car collision on Alaska’s Sterling Highway outside Soldotna on Tuesday, November 11, 2008. Ms. Hunter was a passenger in a vehicle traveling north when the driver of a southbound vehicle, 17 year old Savanna Schoessler, lost control of her vehicle, crossed the center lane, and collided with the vehicle Ms. Hunter was traveling in. The vehicle carrying Ms. Hunter was driven by 65 year old Sterling resident, Mary Johns.

We wish Ms. Johns and Ms. Schoessler speedy recoveries from any injuries they sustained and express our deepest sympathies to the friends and family of Ms. Hunter. Depending on the outcome of the police investigation, as well as any unknown circumstances surrounding the accident, there are several things that all parties and their families should know.

(1) The Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that all parties have two years to file a claim, settle it with the responsible party or the claim goes away and you will never be able to file it. With respect to Ms. Hunter, it’s important to know that as Ms. Hunter’s survivors, you can bring an action on her behalf. Her natural survivors would be a spouse or child, however parents or siblings can bring a wrongful death action if Ms. Hunter was unmarried and childless. This may include what is known as a survivor action, which addresses any pain and suffering Ms. Hunter may have endured in the moments prior to her death. It would also be wise to look into Ms. Hunter’s insurance coverage and any possible first party coverage, including death benefits.

(2) Ms. John’s auto-insurance coverage may have a med-pay or medical bills provision which can help cover some of the expenses associated with treating any injuries she sustained in the crash. Depending on whether Ms. Schoessler has coverage and what the details of her coverage are, this may also be covered under your uninsured/underinsured motorist coverage. Also, and a fact unknown to many people, if Ms. Johns is in a household with someone to whom she is related by blood or marriage and they have underinsured/uninsured motorist coverage, this may also be available to help with her medical expenses. In any event, Ms. Hunter’s family and Ms. John’s should immediately notify Ms. Schoessler’s insurance carrier of their claim.

With respect to Ms. Schoessler:

(1) Please remember that any statements you make to the police or to your, or anyone else’s insurance company may be recorded and later used against you. For this reason, it is imperative that you speak with an attorney. Additionally, your attorney will be able to handle your discussions with your insurance company without exposing yourself to any unnecessary problems and can advise you of how to best obtain compensation for any injuries you sustained in the crash.

For All Parties:

(1) Contact an attorney to help you ASAP. For more information on finding an attorney you can contact Ward Merdes for a referral at the number below or you can contact the Alaska Bar Association for a free lawyer referral at 1-800-770-9999, or visit the National Board of Trial Advocacy website at www.nbtanet.org.

No matter what the circumstances surrounding the accident were, it’s critical that everyone drive safely and carefully, particularly at this dangerous time of year in Alaska. For more information about staying safe on Alaska’s icy roads and everywhere else, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

Fairbanks Resident Blessing Wallace and Climie Douglas Involved in Parks Highway Crash

James Cool — Tue, 21 Oct 2008 13:39:57 GMT

The Alaska State Troopers report that Fairbanks resident Blessing Wallace, 22 and her passenger, 29-year-old Climie Douglas were involved in a 2-car accident on the Parks highway on October 10, 2008. Both occupants were trapped inside their vehicle following a head-on collision with a commercial vehicle. Ms. Wallace sustained serious injuries and Mr. Douglas died at the scene. Our sincerest condolences and hearts go out to Mr. Douglas’ family and friends. Also, we wish Ms. Wallace a speedy recovery and hope that she remains in good health following the accident. Depending on the outcome of the State Trooper’s investigation, as well as the specific circumstances surrounding the accident, there are several things that Ms. Wallace and the family of Mr. Douglas should know.

Mr. Douglas's family should be aware you may have a claim for “wrongful death” or be able to bring a “survivor action” on behalf of Mr. Douglas. With this in mind, please consider the following:

(1) the Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim goes away and you will never be able to file it. As Mr. Douglas’ survivors, you can bring an action on his behalf. His natural survivors would be a spouse or child, however parents or siblings can bring a wrongful death action if Mr. Douglas was unmarried and childless.

(2) Mr. Wallace's/the commercial vehicle driver’s automobile insurance may be available to help with this tragedy. Immediately send notice of claim to Mr. Wallace's insurance carrier;

(3) Depending on the circumstances you may wish to send a notice of claim to the company employing the driver of the commercial vehicle. They may be wholly or partially liable, unless Mr. Wallace or Mr. Douglas was doing something wrong prior to the accident;

(4) Look into Mr. Douglas’ personal auto insurance policy if he had one. Sometimes auto insurance coverage is personal, meaning it covers the policy holder rather than the vehicle in the event that they are involved in an accident with an un/underinsured motorist. Also look into Ms. Wallace’s insurance and any possible first party coverage, including death benefits.

(5) Seek out the incident report from the Alaska State Troopers ASAP - and consider hiring your own investigator (Visit here for information on obtaining reports. It may already be too late to determine the exact conditions of the road or other helpful information, but the sooner you can collect evidence from the scene where the accident happened, the more valuable it will be.

(6) Contact an attorney to help you ASAP. Depending on the circumstances you may or may not have a viable claim. Additionally, if Mr. Douglas was unmarried and had no children his claim would be “worth” less than normal. However, Alaska recognizes a “survivor action.” All that means is that Mr. Douglas’ claim survives his death and that the pain and suffering he endured may be alleged by his successor(s). This means that if Mr. Wallace or the driver of the commercial vehicle is at fault for Mr. Douglas’ death, then his pain and suffering prior to his death may entitle his successor(s) to damages.

With respect to Ms. Wallace:

(1) It is advisable that you contact an attorney as soon as possible. You may have a personal injury claim against the driver of the commercial vehicle but only if he/she did something wrong. If the driver did nothing wrong, then you may not. Also, please be aware of the information above, it is in your interest to contact the insurance company for the commercial vehicle because they may be at least partially at fault for the accident.

(2) It is also advisable that you seek out an attorney because of any potential liability you may face as a result of the crash.

While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information to the families of Mr. Douglas and to Ms. Wallace. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

Originally posted at InjuryBoard by James Cool