For most people, driving is the most
dangerous thing they will do all day.
According to the United States Department of
Transportation, approximately 6,000,000
automobile accidents occur every year. While
many accidents are minor, automobile
collisions can result in extensive property
damage or serious personal injury. A death
is caused by a motor vehicle crash every 12
minutes, and a disabling injury occurs every
14 seconds. Over 3,000,000 people were
injured in car accidents in 2001.
Furthermore, automobile crashes are the
leading cause of death for people ages 1 to
33.
If you are involved in a motor vehicle
accident and the other driver is found
negligent, the negligent driver could be
responsible for all of your damages.
Negligence is the failure to use reasonable
care. That is, negligence is measured
against what a reasonable person would have
done under the same or similar
circumstances.
If the other driver is found to have acted
unreasonably (i.e. negligently), then you
are generally entitled to receive monetary
compensation for your property damage,
present and future medical expenses, wage
loss, and loss of earning potential.
Furthermore, if you have been seriously
injured you may be entitled to compensation
for your pain and suffering, emotional
distress, loss of opportunity to enjoy life,
and other similar damages.
Alaska requires every driver to carry
automobile liability insurance. However, if
you have suffered a personal injury in an
automobile accident with a driver who either
does not have insurance, does not have
enough insurance, or who was a hit and run
driver, you may still be able to recover
damages for your injuries under what is
known as uninsured motorist coverage. The
law enables you to file a claim with your
own insurance company to recover for
injuries caused by drivers with insufficient
or no insurance.
Furthermore, in Alaska, not only is the
driver of the at-fault vehicle responsible
to anyone injured in an accident, but so may
be the owner of the vehicle. Under the legal
theory of “vicarious responsibility,” the
vehicle owner is responsible for the
negligence of an operator, when that
operation occurs with the permission of the
owner. This is vitally important today with
the large number of leased vehicles being
driven on a leased basis, since many leased
vehicles have additional insurance coverage.
Every insurance company has a team of
adjusters, investigators and attorneys whose
primary responsibility is to limit the
liability of the insurance company and
minimize the amount of money to be paid to
injured parties. If you have any questions
when it comes to Alaska law, we recommend
you contact an Alaskan attorney promptly. It
is also important to remember that there may
be time limits within which you must
commence suit, so if you or a loved one has
been involved in an auto accident, we
recommend an examination as soon as
possible. And should you have specific legal
questions, we recommend contacting an
experienced attorney immediately. If you
already have an attorney, Dr. Richey will
work with them at your request.
Negligence is the failure to use reasonable
care. That is, negligence is measured
against what a reasonable person would have
done under the same or similar
circumstances.