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Mandatory Car Accident Laws In Alaska For Victims

a month ago
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If you are hurt in a car accident in Alaska, it's crucial to pursue all the benefits and justice you are entitled to get for your loss, which involves claiming your legal rights as a victim. Whether it's compensation or the punishment you want for the defendant, you might understand there are several avenues for resolution. 


Although it may seem like you're merely submitting a claim to the insurance companies, the reality is that many complex legal aspects are at play in auto accident insurance claims. In Alaska, some accident victims might even be eligible for compensation that exceeds what insurance can offer.


However, other laws work beyond simply obtaining compensation in car accident cases. Understanding these laws and their nuances can be intricate at times, but you must hire a car accident attorney in Alaska to avoid a voidable occurrence in the future. 


Essential Laws For Alaska Car Accident Victims 

It’s vital to grasp the fundamental aspects of the law when filing a personal injury case, especially after a car accident in Alaska. While your car accident attorney in Alaska will handle all the aftermath, navigating the case fundamentals will keep you informed and give you a sense of awareness of your proceedings. Therefore, here are some laws in Alaska relevant to claims for financial compensation for car accident victims:


Auto Insurance

For auto insurance, the government of Alaska has enforced the requirement in nearly all cities to carry auto insurance legally. However, the insurance may vary based on several factors, but the minimum required coverage includes: 


  • Bodily injury liability provides coverage for expenses arising from the injury or death of another driver or pedestrian if you are at fault in an accident. The coverage limit is $50,000 per person and $100,000 per accident.


  • Property damage liability is there to help you with expenses for any damage caused to someone else's property—such as their vehicles, homes, and other structures—when an accident occurs due to your fault. It provides coverage up to a limit of $25,000.


Statute of Limitations

As mentioned, the statute of limitations refers to the timeframe during which an individual or prosecutor is required to initiate legal action. Each state establishes its statutes of limitations for various civil cases and criminal offenses. If a lawsuit is not filed within this designated period, the individual is barred from continuing to pursue it.


The time limit starts when a claim "accrues," which occurs when a current legal claim arises. This typically happens at one of the following moments:


  • The date of the injury includes injuries and property damage resulting from a car accident.
  • This refers to when a person realizes or should have discovered, through a reasonable investigation, that harm has occurred (known as the "discovery rule").
  • It also pertains to instances when one party has the right to require performance from another party.


In Alaska, all claims or crimes with a statute of limitations fall under the statute of repose. This statute typically bars plaintiffs or prosecutors from initiating lawsuits more than 10 years after the harm occurs.


Negligence Based Claims 

To be considered negligent, a defendant must have a duty to protect another from harm. If it is found that the defendant failed to act as a "reasonable person" in similar circumstances, leading to someone's injury, they may be liable for those injuries. This duty of care depends on various factors, including context, individual role, and proximity to the situation.


To recover damages for injuries caused by the defendant's negligence, your car accident attorney in Alaska must demonstrate the following elements:


  • The defendant had an obligation to either act or abstain from acting. 
  • The defendant failed to fulfill this obligation. 
  • This failure directly resulted in harm to the plaintiff. 
  • The defendant's actions were the direct cause of the injury, indicating that the defendant's negligence was either the only reason for the injury or closely linked to it.
  • The plaintiff experienced real damages, including lost wages, medical expenses, and suffering.


Written Report Filling 

You have no additional reporting obligations if a law enforcement officer investigates the accident. However, if there is no investigation, you must submit a written accident report within 10 days. This report can be completed online, and if the accident occurred within a municipality, a copy should be sent to the local police department.


Not filing the report is considered a misdemeanor. Penalties include a fine of up to $200, a possible jail term of up to 90 days, or both. Furthermore, your driver's license may be suspended until the report is submitted.


How A Car Accident Attorney Can Help

Your case may require in-depth investigation and assistance from legal experts in Alaska. Your attorney will provide the best possible guidance based on their knowledge, experience, and legal connections in Alaska. However, getting full compensation is tough, and your attorney will cover your entire suffering and damages, such as:


  • Medical care such as hospital visits, surgeries, prescription medications, and diagnostic tests like MRIs or CT scans;
  • Ongoing therapies, including occupational and physical therapy;
  • Prosthetics or other orthopedic and assistive devices;
  • Lost wages, both current and future, and
  • Property damage.


With the help of a car accident attorney in Alaska, you can get guidance in your case legalities. The legal landscape of Alaska's personal injury law enforced some avenues that uplift your legal rights and allow you to get the advantage of compensation and fair justice at times. 


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