Negligence Claims
Most claims arising from car accidents in Alaska are based on a theory of negligence. That means one of the drivers breached their duty to drive reasonably. The failure to drive reasonably was a substantial factor in the accident, resulting in bodily injury or damages.
For example, a driver may be liable for negligence if they drive too fast and crash into another vehicle. Even though the driver in the example may violate the speed limit, negligence is not a crime. There may be situations when an at-fault driver is charged with crimes. However, proceedings for negligence are civil cases, not criminal. The key difference between negligence and criminal activity is state of mind. Car accident cases usually arise because of a mistake by one of the drivers rather than an intent to hurt another person.
Alaskan Law
In Alaska, an at-fault driver is accountable for damages resulting from their negligence. Justice is a matter of monetary compensation in negligence actions. If you suffer injuries in an automobile accident, you may be able to seek recovery for lost wages, pain and suffering, medical expenses or other damages.
Claims may be settled without a law suit if parties can reach an agreement. However, cases may also proceed to trial where a jury resolves the dispute. In either case, knowledge of the law and the legal process may be important to achieving a fair result.
The Merdes Law Firm has been helping injured Alaskans for more than 30 years. It’s who we are. And while we hope you never need us … We’re here if you do. ~ Ward Merdes
