For example, if your damages are $100,000 and you were 50% at fault for the accident, you only will receive $50,000.
Also, this standard applies even if you were mostly at fault for the accident. For example, if your damages are $100,000 and you were 80% responsible, you would only receive $20,000. However, remember that the other driver can sue you as well.
This is one of the reasons why it is so important to have a skilled car accident attorney working for you. Your attorney can fight for your interests with the insurance company. Or, they will assist you in a lawsuit to ensure assignment for as much fault for the accident as possible to the other party.
You can find an experienced car accident lawyer with the Attorney Search Tool at Lawsuit Info Center.
Dram Shop Laws in Alaska
The dram shop law of Alaska appears in Statutes section 04.21.020. Under this law, a liquor licensee can be held liable in a personal injury or wrongful death lawsuit if it sells alcohol to a minor less than 21-year-old who then injures himself or someone else. However, this law does not allow a person who is himself intoxicated to sue for damages due to their own intoxication.
Filing A Personal Injury Lawsuit In Alaska
You can pursue legal action against the person who is responsible for an auto accident if you had injuries or property damage. The state requires you to drive like a ‘reasonable person’ would behind the wheel.
This means that you should drive in a safe and responsible way. Also, take the same actions that any reasonable person would if they were in the same situation.
Also, the state has laid out several elements that you must have to have a successful claim:
- The other driver should have acted or not acted in a way that led to the accident and your injuries.
- The defendant failed to act or not in that manner.
- The failure caused your injuries and damages.
- The other driver should have known that the actions could cause damages to others.
- You suffered damages, such as pain and suffering, medical bills, lost wages, and property damage.
Damage Caps In Alaska Personal Injury Cases
The only caps on non-economic damages (such as pain and suffering) in Alaska are for medical malpractice cases. There are no caps on these damages for car accident and wrongful death lawsuits.
Alaska Car Accident Statute Of Limitations
Most insurance companies expect you to file a claim within a few days of the accident. The statute of limitations provides the deadline for filing a personal injury or wrongful death lawsuit in Alaska. If you don’t settle your claim before that deadline, you cannot recover damages.
In Alaska, there is a two-year statute of limitations for personal injury lawsuits. Accordingly, the same is in effect for wrongful death claims.
Note that this is a short statute of limitations. So, it’s important to talk to your personal injury attorney as soon as you can about your case. You don’t want to run out of time to file a lawsuit by waiting until the last minute.
Distracted Driving and Drunk Driving Laws in Alaska
It is illegal in Alaska to text and drive. But, the legislature in the state hasn’t outlawed other types of distracted driving yet. However, distracted driving is always dangerous. You can be liable in civil and criminal court even though handheld use while driving isn’t banned by law.
Drunk driving is illegal in Alaska, with .08 BAC being the legal limit for drivers. Note that you can win a personal injury lawsuit or claim against a drunk driver. This is regardless of whether or not the driver faces conviction in criminal court.
Alaska Car Accident Resources
If you have suffered a car accident in Alaska, this is a stressful and uncertain time. Below are some helpful resources to help you determine the next steps.
- Were you injured in your Alaska car accident? Was another driver at fault? If so, you could be entitled to compensation for your pain and suffering and medical bills. Check out Lawsuit Info Center today to learn what your case could be worth. It is common for laymen to allow the auto insurance companies to pressure them into a low-ball settlement. Don’t let it happen to you!
- If you were in an Alaska car accident, you need to report the accident to the police. Use this 12209 Form to report it if the police did not respond to the crash. If the police did respond, you should fill out this Certificate of Insurance.
- If you need any information about a court date or trial in your personal injury lawsuit, you can find information at the Alaska Court System website.
- For more information about accident reports filed with the Alaska State Troopers, you should visit their website.
Get Legal Help For Your Alaska Auto Accident Case
Any auto accident is an upsetting experience, but it helps if you’re prepared. Now that you know more about the car accident and personal injury laws in Alaska, you will know what to do if an accident happens.
But most importantly, if you’re hurt in an auto accident in Alaska, make sure that you call law enforcement and receive medical assistance if you need it. Afterwards, a lawyer can help you better understand Alaska auto accident laws.
Lawsuit Info Center can assist you in finding a skilled personal injury attorney in your region. You may be due compensation for your physical and emotional injuries. Use our site to find an Alaska auto accident lawyer today.