Fairbanks Alaska Statewide Personal Injury Lawyers

Car Crashes On Parks Highway – Crossing Center-line

Ward Merdes — Sun, 14 Apr 2013 00:47:47 GMT

More and more crashes are occurring on the Parks Highway. Most seem to arise because a driver crosses the center-line. Here is the related law. Use it whenever an insurance adjuster suggests that it is OK to cross the center-line:

1. 3 AAC 02.050. Driving on right side of roadway - exceptions and special situations

(a) Upon a roadway of sufficient width, a vehicle must be driven upon the right half of the roadway….

2. 13 AAC 02.085. Driving on roadways laned for traffic

(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.

3. 13 AAC 02.095. Use of divided and controlled-access highways - restrictions

(a) When a highway has been divided into two or more roadways by an intervening space, physical barrier, or clearly indicated dividing section constructed to impede vehicular traffic, every vehicle must be driven on the right-hand roadway unless directed or permitted to use another roadway by an official traffic-control device, police officer, fireman or authorized flagman. No vehicle may be driven over, across, or within the dividing space, barrier, or section, except through an opening or at an established crossover or intersection, unless specifically directed to do so by state or local authority.

4. 13 AAC 02.275. Basic rule and maximum limits

(a) No person may drive a vehicle at a speed greater than is reasonable and prudent considering the traffic, roadway, and weather conditions.

Also, families / passengers of those who cross the center-line should be aware that the driver’s insurance COVERS YOU. Just because your husband / boyfriend was driving – and made a mistake – does not exempt you from his auto insurance coverage. Be 100% sure to contact your insurer and file your claim. That is what the insurance company was paid to provide.

Remember also that if the driver of the vehicle you occupied crossed the center-line, you are entitled to two claims: (1) a liability claim against the driver’s insurance; and (2) an Underinsured Motorist (UIM) claim against the driver’s insurance. File BOTH claims. Be sure to get UIM permission before you take liability money – or contact an attorney to help you. This is critical. Also, keep you eye on the Statute of Limitations for such claims. It is normally two years for adult in Alaska.

Originally posted at The Legal Examiner by Ward Merdes

Alaskan Hit And Run Rules Of The Road - Alto

Ward Merdes — Thu, 21 Mar 2013 20:24:06 GMT

The Troopers report that Frank Alto of Soldotna hit the lower left part of a female pedestrian in his 2001 Ford Taurus - and fled the scene. He was then arrested. Mr. Alto now sits in Wildwood, without bail. He is charged with Assault III and Leaving the Scene of an accident.

This note is written to the female victim. Take these steps:

1. Get medical care. Go to the doctor. Do as you are told and heal up. The best revenge is living well;

2. File a claim against whatever automobile insurer covers Mr. Alto. DO NOT give a recorded statement to anybody;

3. File a claim against YOUR OWN automobile insurer, and the insurance companies covering all people, related by blood and/or marriage, living in your household when the incident occurred. All this insurance covers you. Don't let any insurance company tell you otherwise;

4. When you talk to a personal injury attorney – and you should do so quickly – make sure he/she understands AS 09.60.070, Anderson v. Lamb and AS 09.17.020. These are critical laws for your claims; and

5. You only have two years to get moving - to file a lawsuit or settle your claims. This is a VERY important deadline. Don't blow it by waiting too long.

I hope you heal up well and don't need surgery. I also hope Mr. Alto spends a long, long time in jail for this one. There is no excuse for hit-and-run. We are all supposed to be responsible and accountable for our actions.

Originally posted at The Legal Examiner by Ward Merdes

Why Not Just Ask?

Ward Merdes — Thu, 21 Mar 2013 20:06:04 GMT

Spring has sprung in interior Alaska - Fairbanks. The roads are horrible. Snow berms melt during the day - and freeze as the sun sets. Road glare is unbelievably bad. More and more folks are going to get hurt in car crashes. And here's the kicker: Ninety percent of them will have no clue who was "really" at fault for the wreck.

Why they don't just call an attorney and ask, is beyond me. This is what we do...

Most good personal injury attorneys will take your call. Most will listen to you. Most will at least point you in the right direction - toward the correct "Rules of the Road." Most will share their thoughts on who was at fault. It’s good to know.

I guess it is easier to listen to the police officer who arrived on the scene AFTER the wreck and is looking to write a ticket. Or, it may just be easier to listen to the insurance companies ... none of which think ANY wreck is ANYBODY'S fault EVER - because they never want to pay for related injuries. [A Geico adjuster once told me: “It’s your client’s fault. If your client had just stayed home, he would never have been hit by our (drunk) insured.” I kid you not.]

Seriously, when somebody gets smeared in a wreck, why not just ask and attorney to investigate? IT COSTS NOTHING. Alaska has as whole collection of competent, caring attorneys who are more than happy to listen and at least point you in the right direction. Just call one, and ask.

Or, you could go to www.SlowDownAlaska.org - and figure it out for yourself.

Slow down out there.

/s/ Ward Merdes

Originally posted at The Legal Examiner by Ward Merdes

The Seward Highway Needs Fixed

Ward Merdes — Mon, 04 Feb 2013 15:16:56 GMT

Alaskan roads are normally dangerous – just like in every other state. Every now and then though a particular stretch stands out as being a poster-child for carnage. Recently, miles 100-120 of the Seward Highway have proven themselves simply too dangerous to ignore. Something needs to be done. How many people must die on this stretch of highway, before the Alaska Dept. of Transportation / Public Facilities (DOT/PF) takes action?

Either Alaskan drivers in this area are particularly bad – entering on-coming lanes and killing drivers with abandon – or we have a problem roadway. I'm betting its the roadway. Remember that Alaskan law requires the DOP/PF to make our roadways “reasonably safe.” Alaska adopted the roadway and bridge building and maintenance rules promulgated by the American Association of State Highway and Transportation Officials (AASHTO). Design and maintenance standards thus - exist and must be followed.

In fact ,we have decades of cases in our court system where DOT/PF has been held responsible for people injured on dangerous roadways. This costs the State of Alaska a fortune.

While it is good to know that DOP/PF is being held accountable, isn’t the better inquiry focused on avoiding problems in the first place: “Why aren’t Alaskan roads being made safer?” It is always better to fix a danger BEFORE it becomes a legal problem.

BOTTOM LINE: Avoid the Seward Highway if you possibly can. Talk to your Legislators about getting it fixed. Go to www.SlowDownAlaska.org for more driving tips.

Slow down out there. /s/ Ward Merdes

Originally posted at The Legal Examiner by Ward Merdes

Following Too Closely In Alaska - New Crashes Involved

Ward Merdes — Sat, 02 Feb 2013 18:02:43 GMT

It rained a few weeks ago in interior Alaska, and has been cold ever since. Interior roads – particularly the Richardson, Steese and Parks Highways – are covered with ice. Our call log is growing with folks involved in new wrecks – wrecks that omit drugs and alcohol. Almost every one of these crashes seem to be caused by drivers failing to consider the roadway – and driving too fast for conditions.

Alaska’s Administrative Code addresses this problem in at 13 AAC 02.090(a). Every Alaskan driver must avoid following another vehicle more closely than is “reasonable and prudent” – based on the roadway and condition of the roadway:

13 AAC 02.090. Following Too Closely

(a) A driver of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent and at least two seconds behind the vehicle being followed, having regard for the traffic upon the roadway and the condition of the roadway.

This section may look familiar: It is what police officers normally rely upon when ticketing folks after a wreck. In some ways, this section is a kind of 20/20 hindsight that usually places blame where it belongs … on the shoulders of folks who cause a wreck / serious injuries. The key to remember is that this is true even if the ticketed driver was traveling within the posted speed limit. Be assured, it is NOT LEGAL to drive within the posted speed limit when the roadways are horrible. Slow down. Every driver on Alaskan roads is required to pay constant attention to roadway conditions pursuant to 13 AAC 02.090. If a driver travels too fast for conditions – and as a result hurts somebody – that driver is responsible for the related harms. It’s that simple.

Tell your spouse, parent or child to pay constant attention to roadway conditions. Turn off the radio so you can hear the sound change upon going from dry pavement to ice. When it's safe, tap your brakes to check traction.

Remember, personal injury law has two main goals: (1) making our communities safer by holding people 100% accountable; and (2) compensating those who get hurt by another person’s negligence (“Negligence” is just another word for “stupidity”). Do your part by slowing down when road conditions are icy.

For more driving/safety tips, go to SlowDownAlaska.org.

Be safe out there. Summer is coming. /s/ Ward Merdes

Originally posted at The Legal Examiner by Ward Merdes

Why Talking To Insurance Adjusters After A Crash Is Dumb

Ward Merdes — Mon, 28 Jan 2013 16:04:39 GMT

If you read or watch the news, you've probably heard of shaken baby syndrome. Rather than count to five, meditate, leave the room, or take another proactive measure, an angry parent or babysitter will sometimes throttle a screaming child. According to Medline Plus, as little as five seconds of shaking a child's brain back-and-forth in its skull can cause permanent brain damage or death. It can also lead to seizures, sleepiness, vomiting, loss of consciousness, and vision problems.

Guess what, a car accident can have the same effect on an adult. God built our double helix DNA to carry us at about 10 mph, anticipating we'd be chasing a yak with a stick. He didn't have in mind our 6000 lbs. cars, smashing into each other at 30, 40, or 50 mph.

"A serious brain injury can stick with you for life," per WebMD. "Problems thinking, moving, and controlling your emotions may not go away, especially if you've taken many hits to the head (from sports, for example). There's some evidence that having a TBI increases your risk for Alzheimer's disease, Parkinson's, and other brain disorders as you get older."

And, after a car accident, a person is likely to be taking painkillers that can further inhibit one's reasoning. That being said, is this really when you want to spar with an insurance adjuster who is trained and paid to screw you out of money?

Don't give an insurance adjuster a recorded statement until after you've spoken with a personal injury lawyer and are off your meds.

Oh yeah, and slow the heck down out there. It's icy.

/s/ Your Grumpy Uncle, Ward Merdes

Originally posted at The Legal Examiner by Ward Merdes

It Is -40F Out There: Stay Home

Ward Merdes — Sun, 27 Jan 2013 18:22:50 GMT

Seriously, is WHATEVER you have to do so important that you are willing to risk your life on Alaskan roads at -40F?

Stay home. Tomorrow is another day.

Be safe out there.

/s/ Ward Merdes

Originally posted at The Legal Examiner by Ward Merdes

Staying On The Alaskan Road

Ward Merdes — Sat, 26 Jan 2013 20:00:08 GMT

My brother died in a car crash. He was a restrained front-seat passenger in a Corvette, driven by his friend. His friend hit a puddle, lost control and spun off a Washington State road … backward into a bridge abutment. The car burst into flames. The rest is history.

My brother didn’t need to die. If that road had been correctly designed, his vehicle would have slid to a stop, beaten up, but intact. He should have walked away.

In Alaska, vehicles aren’t supposed to leave the road when drivers lose control. “Loss of Control” situations are common – they are expected. Road designers absolutely know that some drivers will lose control of their vehicles while driving on Alaskan roads. This is why Alaska is supposed to design its roads to keep out-of-control vehicle on the road. The well-accepted logic is that out-of-control vehicles remaining on roadways are far safer than those encountering obstacles (trees, cliffs, etc.) adjacent to the road. There are simple and consistent rules for roadway design. When followed, they save lives.

This is why it makes sense to investigate single-car crashes where a vehicle left the road, injuring or killing occupants. This is true even if the driver lost control – because “loss of control” is absolutely expected by road designers. We are seeing more and more bad roadway design. Bad engineering needs to get fixed. Sometimes, the only way to compel safe design is to hold bad designers accountable. Nobody likes using litigation threats to keep designers honest – but it works. Sometimes, a litigation threat is all we have to ensure that your spouse, child, parent gets home alive.

I encourage those who have been injured when a car they occupied exited the roadway to have it fully investigated. Talk to a qualified Accident Reconstruction (AR) expert. Talk to a qualified attorney who does this type of work. Be careful in talking to insurance adjusters, police and others who think: “Accidents Happen.” Indeed, accidents do happen, they are really do. At the same time, our goal is to ensure that nobody gets hurt in an accident.

The roads are slippery. Winter is in full tilt. Slow down and drive safely out there.

/s/ Ward Merdes

Originally posted at The Legal Examiner by Ward Merdes

Alaskan Drivers Need Sunglasses

Ward Merdes — Wed, 23 Jan 2013 02:49:23 GMT

It is (past) time to buy sun-glasses for winter driving. As the sun slowly creeps higher each day, Alaskan drivers need to pay more attention to sun-glare. Alaskan pilots are familiar with the term “clear and severe.” Automobile drivers should be similarly familiar. It is bright, shiny and fully of glare out there.

We are seeing more-and-more automobile wreck caused by drivers being blinded by glare. Folks are getting badly injured for want of visibility.

We thus strongly recommend that all Alaskan drivers get a good pair of polarized sunglasses for winter – and soon spring – driving. They are no longer expensive, and they just might save your life. Like leaving your headlights on at ALL TIMES, polarized sunglasses are cheap insurance.

Surf to www.SlowDownAlaska.org for more Alaskan safety driving tips.

Be safe out there.

/s/ Ward Merdes

Originally posted at The Legal Examiner by Ward Merdes

Rights Against Cousin's (Family Member's) Auto Insurance Company

Ward Merdes — Wed, 23 Jan 2013 02:38:13 GMT

The Juneau Empire reports that a young man was badly injured when the 2013 Chevy Camero he occupied rolled near the Egan Drive and Glacier Highway intersection. The Camero was apparently driven by his cousin, who lost control while speeding.

The first key here is that The passenger needs to understand that inter-family claims, such as he the law provides against his cousin, may be asserted DIRECTLY against the cousin/driver’s insurance company. They may also be limited to insurance procedes. DO NOT LET THE INSURANCE COMPANY TELL YOU THAT YOU MUST “SUE YOUR COUSIN.” IT IS JUST NOT TRUE. Insurance companies just say that to stop injured family members from making legitimate insurance claims. They want to keep their money.

Also keep in mind that because the young man in Juneau occupied his cousin's car, he may assert BOTH liability and Underinsured Motorist claims against his cousin’s insurer. The young man should get it all to help pay his medical bills.

The young man/passenger also has claims against HIS OWN Underinsured Motorist insurance - and possibly others.

The second key is to be sure to get permission from these insurers before settling with any of them. This is very important. Failing to get permission from insurers before settling claims could strip a passenger of valuable legal rights, including the right to compensation. Get that permission in writing.

BOTTOM LINE: Passengers who are also family members need to have wrecks like this investigated by a capable accident reconstruction firm. Remember, the Statute of Limitations for injury to adults in Alaska is 2 years. I strongly recommend that An injured family member immediately contact a qualified Alaskan personal injury attorney ASAP - and have this case researched.

Finally, surf www.SlowDownAlaska.org for more details on what to do after an Alaskan car wreck. Drive safely out there.

/s/ Ward Merdes

Originally posted at The Legal Examiner by Ward Merdes