Three Alaska Car Accident Laws Every Victim Should Know

 

Alaska may rank low in terms of total registered motorists as compared to other U.S. states, but statistics reveal that injury-causing car accidents are still a very real safety threat. According to the U.S. Centers for Disease Control and Prevention (CDC), approximately 3 million people are hurt in motor vehicle crashes every year. The consequences for victims and their families can be substantial, as there are financial and emotional losses in addition to the physical pain.

While state laws provide you with rights if you were injured in an auto crash, you could put them at risk if you do not understand the legal requirements and process for recovering compensation. You can count on your Anchorage car accident lawyer to handle the details, but there are three basic laws auto crash victims should know.

 

Statute of Limitations

 All U.S. states have a time restriction on personal injury lawsuits, including those based upon auto collisions. Under Alaska’s statute of limitations, you have two years to initiate litigation in court. The clock starts running on the date of the crash, and it continues ticking during the claims process when you are dealing with an insurance company. If the statute of limitations expires before you sue the responsible driver, you may be forever barred from seeking compensation for your losses.

 

Legal Definition of Negligence

Most car accidents happen because of driver error or carelessness, a concept called negligence in the practice of law. To recover compensation for your losses, you must be able to prove:

  • The responsible motorist had a duty to drive safely;
  • That person breached the duty of care, such as by speeding, running a red light, or failure to yield;
  • The breach of duty was the direct cause of the auto crash in which you were injured; and,
  • You suffered losses because of your injuries.

 

By proving these essential elements with solid evidence, you may be entitled to obtain monetary damages for your medical costs, lost wages, pain and suffering, and other losses.

 

Comparative Negligence

 The legal concept of negligence also applies to your own actions in a car accident case. If you breach the duty of care, your compensation will be reduced by the amount of fault attributable to you. For instance, if the other driver caused the crash by running a red light – but you were speeding – your own negligence could lead to a lower amount of monetary damages. A jury could award less if your case goes to court, but comparative negligence may also affect your claim when dealing with an insurer.

 

Our Anchorage, AK Car Accident Attorneys Will Handle the Legal Details

You can protect your own interests when you have a basic understanding of these three auto collision laws, but you should trust an experienced lawyer to represent you throughout the claims process. Our team at Power & Power Law will advocate on your behalf to obtain the best possible result, whether we are dealing with an insurance company or fighting for your rights in court. For more information, please contact our Anchorage, Alaska office to set up a free consultation.