Fairbanks Alaska Statewide Personal Injury Lawyers - motor vehicle accidents

Tok Snowmobile Wreck...

Ward Merdes — Wed, 26 Mar 2008 22:21:43 GMT

The AP reports that Tok resident Kenneth Albright, 41, was killed when his snowmobile collided with a pickup truck in Tok. The passenger on Albright's snowmobile was also injured. That passenger needs to IMMEDIATELY contact an attorney who will investigate this wreck. Do it before evidence is lost. Also, there is a two year Statute of Limitations for related claims. Insurance likely covers the passenger's losses. Take action today...

Originally posted at InjuryBoard by Ward Merdes

Insurance Adjuster Being Unfair?

Ward Merdes — Thu, 06 Mar 2008 19:01:21 GMT

After a motor vehicle wreck in Alaska, many folks try to deal with insurance adjusters on the phone. The problem is that insurance adjusters are trained to always say "No." It's in their blood. Don't feel bad when they tell you "No" - or if they tell you that your injury "just isn't worth that much..." It doesn't matter how badly you are hurt - if it's a head injury, broken / fractured bones, brain injuries, neck/back injuries - whether the other driver was drunk... it just doesn't matter. Insurance adjusters always say the same thing: 'No."

The key is to ignore them - ignore the insurance adjuster's rhetoric - and follow up with a simple question: "Exactly how did you calculate the value of my injury?" To this question, the adjuster will launch into his/her extensive experience. Don't buy it. Smile instead and respond with: "I understand that you have worked with other people's claims ... but what experience do you have understanding how this injury affects ME?"

The silence will be deafening. They have nothing.

Then, pull out your Jury Verdict Research (JVR) statistical analysis - showing how your injury is compared to 250,000 similar injuries. Read the verdict amount cited in the JVR report. Ask the adjuster how he/she can refute hard science and mathematics with his/her "opinion." Be nice: "Gosh, it seems that you have an incentive to low-ball me, whereas JVR doesn't even know my name..."

The key in dealing with insurance adjusters is having fun. Insurance adjusters in Alaska (and most other states) are accustomed to bullying folks, relying on their "experience" and low-balling. They low-ball and then let you feel like you won when they double their offer. The problem is they offered you 5% of your claim's value in the first place. Congratulations - you got them up to 10% of your claim's value.

Instead of falling for their garbage, just be yourself. Be strong. You can do it. Get objective, statistical analysis from JVR, and see if you can settle your own claim. Most attorneys will give you a free JVR statistical claim analysis if you just ask.

If you can't get what you want from the adjuster ... then call an attorney.

Originally posted at InjuryBoard by Ward Merdes

Alaska Republicans: Poor People Worth Less Than Rich People...

Ward Merdes — Sat, 19 Jan 2008 17:57:32 GMT

Alaska's House/Senate and the Governor's mansion have been occupied by a Republican majority for more than decade. A few years ago, they decided that, in the name of "accountability" - Poor Folks are Worth Less than Rich Folks." This one must be changed...

At the urging of the national automobile insurance companies and the Chamber of Commerce, Alaskan Republicans decided that people who are uninsured when they get smeared by another person's bad driving - should get less. In other words, if you can't afford insurance (READ: You're poor) and you get run over by a negligent jackass, your right to being compensate for your injuries is cut by more thn 50% in Alaska. The good news is that most Rich Folks (READ: Republicans) can still bring all of their claims. They lost nothing. Whew. That was close...

Alaska's Republicans passed Statute 09.65.320 is entitled: "Nonrecovery for damages for noneconomic losses resulting from operating a motor vehicle while uninsured." It severely limits claims that may be brought by an uninsured person - poor person -when he/she is hurt in an automobile wreck. In short, poor folks are not allowed to be paid compensated for a lifetime of pain and disability.

Ironically, just who do you think will pay to take care of a poor person (READ: Uninsured) who is badly hurt in a car wreck? Do you think the negligent person's insurance company, or the good old Chamber of Commerce will volunteer additional taxes to cover the horrendous losses - losses that arise equally for injuries to poor, as well as rich, folks? Or, do you think that you and I will again have to pick up the tab on this onel? Hmmmm.

Alaska's Republican House/Senate majorities, and former Governor Murkowski, were duped (I'm being nice here ... the other implications are malevolence or general stupidity) by the insurance industry. Now, the Good Hands people, and those who insure "Like a Good Neighbor" - can smile all the way to the bank, knowing that our Republican Legislature made it nearly impossible for a poor person to be treated fairly. The insurance industry gets to: (1) collect their premiums; and (2) pay less than half to most of the population. What a deal. Thanks Republicans.

This latest little trick reminds me of the time our same Legislature decided to limit claims against doctors. They called it malpractice or "tort reform." They needed to "protect doctors from lawsuits." Get a load of this one... In the name of Conservative/Republican values "responsibility and accountability," the Republicans made Alaskan doctors virtually immune to lawsuits when they negligently maim/kill poor Alaskans.

Think about this one for a moment. Aren't doctors ... the folks who hold our lives in their hands ... exactly the folks we want held 100% responsible/accountable when they are negligent? Don't we want them to be as sharp as possible - and as accountable as possible? Come on... we know what happens when you make folks (doctors) less accountable, don't we. It's like when you remove police from the streets ... do you think folks will drive slower and more carefully? Not a chance. Without accountability, folks drive fast, and doctors take risks, with our lives.

Republicans are supposed to understand social utility and motiviation. Do they think that a doctor's motivated self-interest is to continue attending cutting-edge (and expensive) medical educational seminars ... or do you think their lack of accountability is a good reason to play more golf? Hmmmmm.

I love my doctor. He's a genuine and decent man for whom I want success. I also want him scared to death of being sued, should he screw up and hurt me. I want him to know that the law holds him 100% accountable if he should drop the ball. It's my life. I want the best care possible. I want 100% accountable medical care. Don't you?

Thanks Alaska Republicans. Good work for the insurance companies. You handed the working man another beating at the hands of big money.

Fix it.

Now.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ward Merdes

Alaska's Glenn Highway Kills Three, Injures Two More...

Ward Merdes — Sat, 19 Jan 2008 17:45:04 GMT

The Alaska State Troopers report that three people died Saturday and two others were hurt in a crash on the Glenn Highway. The accident occurred a mile north of the Palmer-Wasilla interchange. A late model Chevy pickup, driven by 26-year-old Joshua Swigart of Anchorage was apparently heading south when it crossed the center line and sideswiped a Subaru. The three dead, who were riding in a 2002 Subaru station wagon, were identified as Anchorage residents, Allan Chase Sr., 71; Sophia Chase, 68; and Melissa Pike, 16. The wagon swung around and was hit on the side by a northbound 2007 Toyota Camry. Two occupants in that car - John Lavarnway, 61, and Mary Lavarnway, 59, both of Wasilla - were taken to hospitals with undisclosed injuries.

Allan Chase Sr.'s family, along with Melissa Pike's and the Lavarnway families need to immediately contact legal counsel. Deadlines exist to assert related claims. Any delay could eliminate or destroy related claims.

Furthermore, the Glenn Highway has been the site of far too many automobile accidents / fatalities of late. There is something seriously wrong with that road. An in-depth analysis need to be done by a qualified accident reconstruction expert. Somebody needs to determine whether the Glenn Highway is in compliance with ASHTO requirements and state laws directing road design. I'm guessing "No."

Let's use this tragic event as a reminder of just how easy it is to hurt others with our cars. Stop talking on your cell phones when you drive. Don't even think about drinking. Don't eat. Turn down the music. Pay close attention to the roadway. Buy a ton of insurance - just in case.

Tragedy like this can be avoided. When deciding just how badly you need to "get there in a hurry" - think of the lives that were shattered on this one.

SLOW DOWN.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ward Merdes

Knutson Charged With Vehicular Murder of Fairbanks Man

Ward Merdes — Mon, 03 Dec 2007 18:58:56 GMT

KTTU Anchorage reports that Tim Oates, a long-time Fairbanksan, was killed in a motor vehicle wreck Sunday. The crash was caused by Trent Knutson. Mr. Knutson faces assault, drunk driving and murder charges. Here is what the Oates family should be doing...

Investigate what insurance carrier covers Mr. Knutson - and file a claim ASAP - in writing. Then, file a claim against Mr. Oates' own automobile insurer, in Fairbanks. Also, if any family members (related by blood or marriage) were members of Mr. Oates' household when he was killed, file a claim with their auto insurer as well. Determine whether Mr. Knutson was acting within the "course and/or scope" of employment for any business when he killed Mr. Oates. If he was, then Alaskan law allows the Oates family to file claims against that employer/principal.
Next, look into Alaska's Statute 09.60.070. It provides that when a person is injured or killed during the commission of a "serious crime" - that person is entitled to not only his/her recovery, but also to have his/her attorney fees paid by the criminal.

Finally, keep an eye on the Statute of Limitations for your AS 09.55.570/580 (wrongful death and survivor) claims. It is very likely two years in Alaska. That means the Oates family thus must settle or file any claims in court before the two years expire, or risk losing all of their rights. Actually, they should get moving much sooner - be assured that the insurance companies are working right now to take away whatever is owed.

BOTTOM LINE: A part of me always feels bad in situations like this. I feel the tension between: (1) wanting to help a family that just lost a loved-one; and (2) realizing that they are grieving and don't need to think about legal matters right now. I'm really sorry to blog like this - touching so many cases in which Alaskans, friends, have been maimed or killed.

Here's why I do it: In 2004, I lost a brother in a motor vehicle wreck. He was badly burned. I know exactly what these families are enduring. I watched my brother slowly die at Harbor View Medical Center in Seattle. I watched his lips swell - his eyes close - his fingers looking like burnt matches. I saw his lack of response.
Because of that, I'm willing to take the criticism for these blogs. Call me an ambulance chaser if you must. I can take it. If these blogs helps even one family to be treated fairly and not get screwed by the insurance companies... If I can help even one family keep bread on the table - and the wolves at bay - after losing a loved one - you can call me whatever names you want.

We pray for the Oates family.

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Ward Merdes

Semi-Truck Collision Kills Marvin Harris. What His Family Should Do...

Ward Merdes — Sun, 02 Dec 2007 16:40:15 GMT

The Anchorage Daily News reports that Marvin Harris, 52, was killed on 11/29/07 while driving a semi southbound at mile 53 of the Dalton Highway. The oncoming trailer was being pulled by Jason Knight, 34 of Fairbanks. Knight was driving a 2006 Freightliner. It appears that Knight's trailer drifted into the Southbound (oncoming) lane occupied by Harris, killing Harris on impact. Harris was apparently not wearing a seatbelt. Here's what Harris' family should do to ensure they exercise all of their legal rights...

First, pull up Google:Earth and get a clean photo of the roadway where this wreck occurred. It's easy. I've already done it. You get a good view of what the road conditions were (under the snow) at the time of this wreck. Interestingly, it does not appear to me that Knight would have had any good reason for drifting into Harris' lane.

Second, go to the Alaska Administrative Code and look up the regulations regarding commercial trucking. It's found in 13 AAC 3 et seq. Pay particular attention to 13 AAC 03.060. Limitations on driving left of center. This part of Alaska's road safety laws forbids drivers from entering the on-coming lane of traffic. It is thus clear that Mr. Knight was firmly in the wrong - and his insurer should be helping the Harris family cope with this tragedy.

Third, once you get the police report, hire a qualified accident reconstruction expert. Most good attorneys know one or more of these experts - and will be able to help you. We regularly hire them to help us better understand what actually caused a motor vehicle wreck like this.

Fourth, remember that the insurance industry is working hard - right now - to hammer you. It is looking for anything it can find to take this claim away from the Harris family, and pay them nothing. Be assured that the insurance industry will focus on Mr. Harris not wearing his seatbelt. Because Mr. Harris was not belted when he was killed, it is extremely important that the accident reconstruction expert provide an opinion as to whether a seatbelt would have helped Mr. Harris survived this wreck. Remember, not wearing a seatbelt wounds a claim such as the Harris family might present. It does not necessarily destroy the claim - no seatbelt only wounds it. Don't let the insurance companies tell you otherwise.

Fifth, remember that the Statute of Limitations for personal injury and wrongful death in Alaska is two years. After two years, the Harris family will (likely) be left high and dry, no matter what. This is extremely important. Be sure to take action within two years of 11/29/07.

Finally, most qualified personal injury attorneys will talk to the Harris family for free - investigating and giving an opinion as to what they can expect from Knight's insurer. There is no obligation. Attorneys like me want to handle cases like this. In cases like this, we can do a lot of good for the Harris family, ensuring that Knight's insurer toes the line - and pays what is owed. Most attorneys like me work on a contingent fee basis, being paid only if we successfully get your claim paid. Because I was born-and-raised in Fairbanks, I don't accept a case unles I can earn more than I charge.

BOTTOM LINE: It would be really smart for the Harris family to hire a qualified personal injury attorney today. Contact information is below.

The Harris family is in our prayers.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ward Merdes

Woody Trefon Killed by Four-Wheeler. Here's What His Family Needs To Know:

Ward Merdes — Sat, 01 Dec 2007 20:02:14 GMT

The Anchorage Daily News reports that 20 year old Woody Trefon was killed in Nondalton, Alaska on Tuesday - run over by a four-wheeler driven by his cousin, 19 year old Sean Trefon. Woody's family needs to...

First, see how the accident occurred. If there is any indication that Sean was doing anything wrong - driving while intoxicated - driving without paying close attention - driving at the wrong location or wrong direction - then claims must be filed against Sean's insurer. The reason people buy insurance is to ensure that if they cause an accident - there is money to cover their mistake. Let's hope that Sean's four-wheeler was insured.

Second, get a final copy of the police report. It will explain a lot of the details.

Third, talk to witnesses. Surprisingly, the police often times miss, or are just too busy, to speak with eye-witnesses. They can shed a lot of light on situations like this.

Fourth, see if Woody owned an insured vehicle of his own. If so, be sure to file a claim for Uninsured / Underinsured motorist benefits. This is very important.

Fifth, keep an eye on the Statute of Limitations. Normally, you must file wrongful death claims in Alaska within two years of when the person was killed. Other deadlines may apply. Check with a qualified attorney to see which deadlines apply to you.

Sadly, recreational vehicle injuries/deaths are surging in Alaska. Many folks like Woody are getting crippled and killed in situations just like this. As state-wide Alaskan personal injury attorneys, we see this tragedy over and over again. Alaska needs to take strong steps to ensure that recreational vehicles like the one involved in this situations are insured. Cars have mandatory insurance - it is time for the Legislature to extend that rule to cover four-wheelers and snowmobiles. They are ubiquitous - and Alaskans are getting injured/killed. Enough is enough.

Finally, don't listen to a word that the insurance companies tell you. Do you own investigation. Find a good attorney to help you.

The Trefon family is in our prayers. It has been a rough year for recreational vehicle injuries/deaths in Alaska.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ward Merdes

Christopher Jenkins Killed by Gifford. Claims To File

Ward Merdes — Wed, 21 Nov 2007 01:16:21 GMT

The AP reports that Matthew Brent Gifford was charged with second degree murder in the automobile related death of Christopher Jenkins in April. Gifford apparently had alcohol, cocaine, marijuana and other illicit drugs in his system when Jenkins was killed. Jenkins' family needs to hire a good personal injury attorney NOW, and ...

1. File liability claims against Gifford's insurer. Be sure to include AS 09.17.020 and AS 09.60.070 claims to ensure that your efforts bear fruit;

2. File Underinsured motorist claims against Mr. Jenkins' own insurer. Look out for other U/UIM insurance with family members, living with Jenkins at the time of his passing;

3. Keep an eye on the 2 year Statute of Limitations. Claims must be settled, or filed in court within two years (normally) or rights to compensation will be lost. This is VERY important. Hire an attorney today; and

4. Look for a Board Certified attorney to help you. Check out the National Board of Trial Advocacy to find a qualified attorney in Alaska.

Claims like this are difficult. They require an attorney who really knows what he/she is doing. Do not hire just any attorney. Look for a qualified personal injury attorney to do the job right.

The Jenkins family is in our prayers.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ward Merdes

What Horace Field's Family Needs To Do, Now.

Ward Merdes — Mon, 19 Nov 2007 09:21:00 GMT

KTUU of Anchorage reports that Horace Field, 45 of Noorvik may have been drinking when he was struck, dragged and killed by a semi-truck last week. While this sounds bad for any related claims, Mr. Field's family needs to immediately...

1. Find an Accident Reconstruction (AR) expert. That expert will view the scene, the statement, the police report and surveillance footage from the nearby FBI building to determine who actually caused this wreck. Remember, its OK to drink and walk - as Mr. Field was apparently doing. It is normally negligence to run over drunk people. Drivers are supposed to be on the look-out for pedestrians, especially drunk ones;

2. File a claim against the semi-truck driver's insurance company ASAP;

3. File a claim against Mr. Fields' automobile insurance company ASAP;

4. Keep an eye on the Statute of Limitations. It's two years for personal injury and wrongful death in Alaska. After two years from the date of Mr. Fields' passing, all of his family's rights will disappear. This is a VERY important deadline; and

5. Call a qualified personal injury attorney ASAP. There are many of us who would investigate a case like this for free, and determine if claims should be brought. Many of us are familiar with AS 09.55.570 and AS 09.55.580 (wrongful death statutes). Remember, if there was no negligence on behalf of the semi-truck driver, there will be no claims against him/her. Yet, if the semi-truck driver was doing something wrong such as talking in his/her cell phone or being distracted - that contributed to this tragedy - then the semi-truck driver's insurer should be ready to write a check to the Field family.

The Field family is in our prayers.

Originally posted at InjuryBoard by Ward Merdes

Are Alaskan Drivers Getting More Stupid, or Just Better Connected?

Ward Merdes — Sun, 11 Nov 2007 20:16:05 GMT

A friend phoned me today, complaining that in his 30 years in Fairbanks, Alaska - he has never seen such poor driving as he's encountered this winter. "Ward, are folks just getting stupid, or what?" "Just yesterday, another person was killed on the Steese. How many will it take before folks stop talking on their cell phones?" I also had a phone call from a woman who was literally run over by a driver who didn't take five minutes to clear frost from his windshield. The cell phone comment got me thinking...

The next time you sit on a civil automobile wreck jury - if you ever get the chance - pay close attention to what the drivers were doing when the wreck occurred. New research is showing the a driving while speaking into a cell phone seriously detracts from a driver's ability to navigate safely. In fact, it's worse than drinking and driving - up to a Blood Alcohol content of .10. That's above Alaska's "legal" limit of .080.
You will get the chance to judge a person's driving in a civil case. That's what a jury does. In short, the jury is asked to determine whether a driver was "Negligent." Negligence is simply doing something that you ought not to do, like drive while talking on a cell phone. If you find a driver "Negligent" - and that negligence caused injury to another person (my client) remember that your job is to unwind the harms suffered by the injured person.
Your job is to determine how much money will undo the problems caused by the negligence. You will be called upon to determine: (1) medical bills; (2) lost wages; and (3) pain/suffering. The first two are pretty easy. The last one requires thought. Ask yourself: "How much money would it take for me to get back on my horse if I was hurt like this?" Put yourself into the injured person's shoes.

Also, send a message. Tell the negligent driver that you don't want him/her running you over next week. Figure out how much money it will take to pull his/her cell phone from his/her ear. Send a clear message that safe driving is more important than "texting" a friend.

Most importantly, how a bit of empathy. Contrary to what some talk-show hosts scream, nobody really wants to get run over. Nobody wants to sue another person. Nobody wants to stand before 12 strangers (a jury) and ask to be treated fairly - because the negligent driver's insurance carrier is playing games.

Do you job as a juror. Slow down as a driver. Hang up the cell before you kill somebody.

Be smart.

- Ward.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ward Merdes