The Anchorage Daily News reports that 38 year old George Green was killed, and his 17 year old passenger was badly injured in an ATV accident near Mat-Su Alaska on Thursday. It appears that the accident occurred at at the intersection
of the Old Glenn Highway and the north end of Bodenburg Loop across from Plumley
Road. Troopers think Green may have hit a culvert. Investigation continues. Neither Greene, nor his passenger appear to have been wearing a helmet.
Here is what Mr. Greene’s family and the 17 year old passenger need to know about Alaskan tort law:
1. The Statue of limitations for personal injury to Adults in Alaska is two years. See AS 09.10.070. If you intend to bring any claims against anybody for anything arising due to this accident, you must do it before the Statute of Limitations expires. Also, because the passenger was only 17 years old, the two-year Statute of Limitations only begins to run when he turns 18 years old.
2. The Rules of the Road, to help determine whether Mr. Greene was operating the ATV negligently are found at 13 AAC 02 et. seq.
3. Wait for an accident report. Once you get it, contact an accident reconstruction expert ASAP. Alaska has a number of qualified accident reconstruction experts who can greatly help unwind how this wreck occurred.
4. The 17 year old should file claims against Mr. Greene’s auto insurer, and possibly, his homeowner’s insurer. There may also be claims against whomever designed the area in which the wreck occurred. If it was designed well, no claims exist. If it was designed as a trap (and many are) claims may exist against whomever is responsible.
Finally, go hire a lawyer. I’m not advertising for me – I think it’s tacky – but go hire a qualified personal injury attorney to help you through this mess. The insurance companies are ALREADY working on hammering you. Take action now.