What is the Negligence Standard in Alaska Car Accidents?
It is a shocking statistic that should disturb motorists in Alaska and throughout the US. The US Centers for Disease Control and Prevention (CDC) reports that 110 people are killed in car accidents every day, amounting to more than 41,000 fatalities due to traffic crashes annually. Plus, more than 2.1 victims of motor vehicle collisions seek treatment at hospital emergency rooms for their injuries.
If you have been involved in a car accident in Alaska, you may have legal options to recover compensation. Understanding the negligence standard is crucial, as it determines whether someone can be held liable for your injuries. It is important to discuss remedies with an Anchorage car accident lawyer to learn details, but an overview is informative.
Understanding Negligence in Alaska Car Accidents
Though there are different specific causes of auto accidents, the underlying reason they happen is driver negligence. In Alaska, the negligence standard for car accidents is relatively straightforward. To meet the essential elements, you must show that the other driver:
- Owed a Duty of Care: This means the motorist had a legal obligation to act responsibly on the road and drive safely. This is a duty that applies to all drivers sharing the road with many other users.
- Breach of Duty: You need evidence showing that the at-fault driver failed to meet the standard of care expected of a reasonable person in similar circumstances.
- Direct Causation: Your injuries must be a direct result of the accident, such that you would not have been hurt but for the crash.
- You Suffered Damages: Your losses may include medical expenses, lost wages, lost future earning capacity, and pain and suffering.
Types of Negligence in Alaska Car Accidents
The most common type of negligence is when a motorist simply fails to exercise reasonable care. Examples of driver negligence include:
- Speeding
- Driving while under the influence of alcohol or drugs
- Running red lights and stop signs
- Failure to yield the right of way
- Texting, talking on the phone, or other cell phone use behind the wheel
- Other forms of distracted driving, such as adjusting the radio, interacting with a GPS, eating, drinking, and grooming
Gross negligence is another form of liability involving a reckless disregard for the safety of others. It is a higher standard of proof than simple negligence, but damages might increase because of the actions of the at-fault driver. For instance, drag racing or street racing might be an example of gross negligence.
Seek Legal Help from an Anchorage Car Accident Attorney After an Alaska Auto Crash
This overview of negligence is useful, but there are many additional details victims need to know. If you have been injured in a car accident, it is important to consult with an experienced lawyer. Our team at Power & Power Law can help you understand your legal rights and options, and we are dedicated to helping you get the compensation you deserve. Do not let an injury hold you back. Contact us today for a free consultation. You can call 907-222-9990 or go online to schedule your appointment.