If you are hurt in a car accident, securing fair compensation for your losses requires you to assert your legal rights. Though it may appear that filing a claim with the insurance companies is all you need to do, auto accident insurance claims involve various intricate legal components. In certain situations, accident victims in Alaska may also qualify for compensation beyond auto insurance.
Additionally, the repercussions can lead to significant emotional and financial burdens that may affect you as a victim for the rest of your life. All the components appear complex and are tied to Alaska’s legal structure concerning personal injury laws. Therefore, hiring a car accident attorney in Alaska would yield some benefits regarding compensation, driving records, and justice in your favor.
What Are The Important Laws Of Car Accident Cases In Alaska, Anchorage?
Considering this, having at least a fundamental grasp of the relevant laws is advisable. While your accident attorney Alaska will manage the legal components of your claim, understanding the essentials will keep you informed and give you a sense of control during the pendency of your case. Therefore, here are ten Alaska laws pertinent to claims for financial compensation from car accidents:
Auto Insurance
In Alaska, with exceptions in certain rural areas, drivers must legally possess auto insurance. The minimum coverage includes (i) liability insurance of $50,000 per person and $100,000 per accident for bodily injury or death and (ii) property damage coverage of $25,000 per accident. These figures represent the bare minimum. Most drivers in Alaska opt for additional coverage beyond these statutory requirements, which is advisable.
Distracted Drivings
In Alaska, texting while driving is illegal; however, the state legislature has not yet banned other types of distracted driving. Nevertheless, distracted driving remains dangerous, and drivers can be held liable for causing accidents even if the law does not specifically prohibit hand-held cell phone use.
Drunk Driving
Driving under the influence, including alcohol and drugs such as marijuana, is illegal in Alaska. While drunk drivers may face severe penalties if convicted in criminal court. Therefore, with the help of accident attorney Alaska, victims of DUI accidents must still file civil claims to protect their legal rights. Auto insurance generally covers impaired driving, so in most cases, seeking financial compensation involves submitting an insurance claim against the drunk driver’s policy.
Negligence Based Claims
Like in other states, most car accident cases stem from claims based on negligence laws. Essentially, negligence signifies fault; if a driver is at fault for an accident, they are legally accountable for the victim’s losses. Yet, negligence may also arise from non-drivers. Depending on the situation, accident victims may be able to pursue claims against repair shops, road contractors, drivers’ employers, and various other companies.
Negligence Per The Parties
Alaska law acknowledges the idea of negligence per se. This legal doctrine dictates that violating a law designed to set standards of behavior and safeguard the public is deemed negligent, even in the absence of additional evidence usually necessary to prove negligence. For instance, in Alaska, activities like drunk driving or texting while driving are classified as negligent, irrespective of the surrounding facts and circumstances of an accident.
Comparative Negligence
Alaska operates under a “pure comparative negligence” statute. Comparative negligence applies in accidents where two or more parties are responsible for the collision. In a pure comparative negligence system, each victim’s financial recovery is diminished based on their percentage of fault. For instance, if you are found to be 10 percent at fault in an accident resulting in total losses of $100,00, your financial recovery will be capped at $90,00.
Product Defect Claims
Most car accident claims fall under negligence law, but there is a significant exception: vehicle defect cases. Here, claims by accident victims are subject to “strict liability” law. This means proving negligence is unnecessary, and any company distributing a defective vehicle part can be held completely responsible for the victim’s damages.
Compensatory Damages
Car accident victims in Alaska are entitled to compensation for economic losses due to the collision, including property damage, medical expenses, lost income, and out-of-pocket costs. They can also recover non-economic losses, though these are capped by statute. Alaska’s caps on non-economic damages are:
“$400,000 or the life expectancy of the injured individual in years times $8,000, whichever is higher;” or “$1,000,000 or the life expectancy of the individual in years times $25,000, whichever is higher, when damages are awarded for severe permanent physical impairment or significant disfigurement.”
Punitive Damages
Punitive damages may be awarded in certain cases up to $500,000 or three times the compensatory damages granted, depending on which amount is greater. To prove a claim for punitive damages, an accident victim must show that the negligent driver’s behavior either:
- Exhibited reckless disregard for the interests of others; or
- It was egregious, including acts performed with malice or bad intentions.
Statute Of Limitations
Remember that all car accident claims in Alaska must adhere to the state’s personal injury statute of limitations. This statute mandates that all claims be filed within two years from the accident date. Failure to file your claim within this two-year window will result in the forfeiture of your legal rights. A car accident attorney in Alaska takes such cases prominently and brings out the best results from all the complexities in car accident cases.
