Negligence Standards In Alaska

Negligence often results through distracted, drunk, or reckless driving. Typically, the distracted, drunk or reckless driver is held responsible for resulting damages and/or injuries. Alaska Law States:

Alaska’s Statutes Outline How An Alaska DUI Accident Is An Assault

Alaska Statutes Title 11. Criminal Law § 11.41.210. Assault in the second degree

(a) A person commits the crime of assault in the second degree if

(1) with intent to cause physical injury to another person, that person causes physical injury to another person by means of a dangerous instrument;

(2) that person recklessly causes serious physical injury to another person; or

(3) that person recklessly causes serious physical injury to another by repeated assaults, even if each assault individually does not cause serious physical injury.

Johnson Law Represents Alaska DUI Accident Victims

Representing people injured by drunk drivers, as well as those injured by drivers with no insurance, has become a major part of Johnson Law’s practice. All-too-often, a drunk driver has no insurance. When a drunk driver without insurance injures another person, losses can be compensated through the injured person’s own coverage. What’s more, insurance coverage may be available through insurance policies of relatives living in the injured person’s household.​

Unfortunately, a high number of Alaskan drivers fail to purchase insurance. In addition, we’re headed for the holidays which typically sees a rise in drunk driver incidents. For that reason, Johnson Law encourages all Alaskans to protect themselves, their loved ones, and all who ride in their vehicles. Purchasing Uninsured Motorist (UM) Underinsured Motorist (UIM) insurance coverage in the first step.

What Is U/UIM?

Uninsured Motorist (UM) Underinsured Motorist (UIM) coverages help cover economic losses such as medical bills and lost wages. These policies also help with non-economic losses such as pain and suffering and loss of enjoyment of life. Those injured in a car accident by a negligent with no insurance or not enough insurance can turn to their own insurance coverage for financial recovery. If you consider hiring an Alaska Injury Law Firm for a serious injury claim after an accident in Alaska, speak to the experienced Alaska personal injury attorneys at Johnson Law, P.C. We know Alaska and Alaskan Law.

If you or a loved one is the victim of an Alaska DUI Accident, contact Johnson Law for a free case evaluation and find out how we can help. Johnson Law has been serving Alaska auto injury victims for 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Call Johnson Law at  (907)277-3090 or use our Contact Form to discuss your serious injury case. We are here to serve you.

Source: Justia Law

Image Source: Alaska Native News

Alaska Dram Shop Law Explained

Alaska is one of several states with a “dram shop” law. The name, Dram Shop Law  originates from 18th century British establishments which sold gin by the “dram” or by the spoonful. Under Alaska Dram Shop Law, a business licensed to sell alcohol which does so carelessly by serving obviously intoxicated customers, may then be held liable for the intoxicated guest’s actions after they leave the premise.

Alaska’s dram shop law, outlined in AS 04.21.020, establishes civil liability for individuals and establishments serving alcohol to minors or intoxicated individuals who then cause injury or damages. The law says that businesses must use “reasonable care” to conduct their business lawfully. This prohibits the following: 

• Providing alcohol to a “drunken person”; 
• Allowing a “drunken person” to enter the premises and remain on the premises of the establishment; 
• Allowing a “drunken person” to consume alcohol on the premises of the establishment; or 
• Allowing a “drunken person” to sell or serve alcohol. 

The law also provides guidance regarding a drunken or intoxicated person for the employees of those establishments. A “drunken person” is:

• a person who demonstrates physically or mentally impaired conduct; and/or
• a person who exhibits plain and easily identifiable outward manifestations of intoxicated behavior (e.g., confusion, slurred speech, staggering, being overly friendly.)

Responsibilities Of Owning A Liquor License

Businesses with liquor licenses are strictly liable for damages that occur as a result of over-serving a patron. This means there is no legal defense to what happens after the patron consumes the alcohol, both at the establishment and after leaving. One exception to the rule is if the alcohol is served to a minor. If the business properly verified the age of the minor and was shown a well-made fake ID, the business may be able to mitigate, liability. 

Pursuing Potential Claims

Explaining the facts will help your attorney decide whether you have a case against the intoxicated person who injured you. An experienced personal injury attorney will also investigate all potential claims against the establishment serving the alcohol. If you suffer injuries or a loved one dies in an accident caused by an intoxicated driver, contact an experienced Alaska personal injury attorney. A good Alaska personal injury attorney will analyze Alaska Dram Shop Law and advise you how to proceed.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are. Call Johnson Law at  (907)277-3090 or use our Contact Form to discuss your Alaska Commercial Trucking Accident injury case. We are here to serve you.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image Source: Alaska Hospitality Retailers: Understanding Social Host Responsibility

Alaska Safety Campaigns

NHTSA reports that every day, about 37 people in the United States die in drinking and driving crashes — that means drinking and driving kills one person every 39 minutes. While many Holiday festivities changed in 2020 than in years past, the consequences of driving under the influence of alcohol remain the same.

Alaska State Troopers and Alaska Wildlife Troopers across Alaska began more focused patrols for impaired drivers in 2020. These focused patrols continued during Alaska’s 2021, 2022, and 2023 holidays known for increases in alcohol related crashes.

Tips To Drinking And Driving

If you are invited to a holiday party, plan ahead by having a designated driver. Programs like Uber and Lyft make it easier to find a ride home, making the roads safer for everyone.

If you plan to drink alcohol, be responsible and turn your keys over to the host. Stay where you are, if possible. Do not get behind the wheel of a vehicle if you have been drinking alcohol.

If you host an event, require your guests to turn over their keys when they arrive. Do not let family and friends leave your event if they have been drinking alcohol.

Signs Of Drinking and Driving

Signs of dangerous – and possible drunk driving may include:

• weaving in and out of lanes
• driving with windows rolled down in cold weather
• passing on curves and double yellow lines
• straddling the center line
• making wide or high speed turns out of assigned lanes
• driving so slowly as to impede other traffic under current conditions
• tailgating

Report Drunk Drivers

If you are on the road and see someone driving dangerously, call 911 and report dangerous driving. It is up to Alaskans to help keep drunk drivers off Alaskan roads. Stay clear of drivers who appear intoxicated. If necessary, pull your vehicle over to let them pass.

Click here to learn about Alaska Dram Shop Law

Celebrate Safely. If your holiday plans include alcohol, please avoid drinking and driving to help make everyone’s holidays safer.

Johnson Law, P.C. wishes you and yours a peaceful, healthy holiday season.

Johnson Law, P.C. has been helping Alaskans for nearly 30 years. It’s who we are. And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Sources: NHTSA; Alaska Department of Public Safety

Image Source: DontDrunkDrive

• 10,511 deaths were attributable to drunk driving.
• Roughly 28 to 30 people lose their lives every day in an accident involving drunk driving.
• This translates to roughly 1 person every 52 minutes.
• 28% of all overall driving fatalities is attributable to drunk driving.
• 980 people who died due to drunk driving were under the age of 21.
• 70% of drunk driving fatalities involved a driver with a blood alcohol content over over 0.15+.

How Individuals Stop Impaired Driving

The holiday season increases impaired driving concerns. Impaired driving not only puts your life at risk, it endangers other’s lives as well. Drinking alcohol reduces reaction time, coordination, and concentration. It also decreases vision and clouds judgment. Drunk drivers are not able to respond as quickly and do not make the best judgment calls.

Do Not Drink And Drive. The best way to avoid impaired driving is to not do it. If you will be drinking, plan ahead by arranging transportation or lodging. If there is a chance you may be drinking, act accordingly and have a plan in place. It is always ok to say no, and not drink at all.

If you are drinking, always designate a non-drinking driver in your group. If you do not have someone designated, call a ride-share service or find another way home after drinking. When you drink and drive, you put other drivers at risk – not just yourself. Never let your friends drive after drinking alcohol, this protects them and others on the road. If you host a party, remind guests to plan ahead. If you are with a friend or family member that has been drinking, help them arrange alternate transportation instead of letting them drink and drive.

Help Stop Teen From Drinking and Driving In Alaska

Nearly 1 out of 4 high school students surveyed in Alaska during 2017 drank an alcoholic beverage within 30 days before the survey. 16% of those students rode in a car driven by a drunk person, and 4% of them drove a vehicle themselves.

Educate yourself and your teens through Alaska’s strategies to prevent impaired driving. In support of alcohol awareness and education, we encourage you to become knowledgeable of the ways to prevent as well as the consequences of teen alcohol abuse.

Report Impaired Driving

Do your part by reporting drunk drivers, your action could save someone’s life. Contact the local police agency to report potential impaired driving on the roads.

Drinking and Driving – The Impact In Alaska

The consequences of impaired driving heavily affect Alaskans. An estimated 36% of deadly motor vehicle crashes involved an drunk driver. People hurt in automobile accidents by impaired driving Alaska may have substantial economic damages in addition to physical injuries. On top of the cost of medical treatment, there may be harm to equipment such as a car, lost wages, and pain and suffering. Permanent disability or loss of capacity may also be a consideration for obtaining compensation.

If you are a victim of a motor vehicle collision involving a impaired driving, you have legal rights to hold negligent parties accountable. A good personal injury attorney itemizes damages and prepares a strong personal injury claims for you.

Johnson Law, P.C. has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Please call Johnson Law, P.C. to discuss your case: (907)277-3090 or use our online contact form.

Sources: Alaska Dept of Health: Alcohol Safety Action Program; SOA 2023 Highway Safety Report;  Alaska Strategies to Prevent Underage Drinking and Driving; 2023 Alaska Scorecard: Substance Abuse Disorder Prevention; NCDAS: Alcohol Related Deaths

Image Source: Dr. Noorali Bharwani (Medicine Hat News)

Alcohol Facts

Alcohol has many negative impacts when over-consumed. Excessive drinking can cause severe health consequences. Some people suffer significant memory loss and lose their sense of inhibition, causing them to act in unusual ways when consuming alcohol. Drinking can also cause blurry vision, loss of balance, slurring speech, loss of coordination, and lost control of body movements. Further, frequent drinking can cause aggressive behaviors, such as verbal or physical abuse to oneself or others. These components are dangerous components to drinking and driving in Alaska.

Repeatedly consuming alcohol in excessive amounts can lead to alcohol use disorder (AUD). AUD affects roughly 15 million adult Americans and nearly half a million youth between 12 – 17 years old. Too much alcohol in the bloodstream seriously impacts mental and physical functions, especially dangerous when drinking and driving. High blood alcohol content can cause severe effects such as difficulty remaining conscious or seizures. Alcohol overdose can lead to life long health complications, or even death.

While under the influence of alcohol, a person’s decision-making skills are compromised, leading to risky or unsafe situations. Some people choose to drive under the influence of alcohol. Driving under the influence is one of the most dangerous risks of overly consuming alcohol and puts multiple people at risk. Driving and driving in Alaska makes roads more dangerous for everyone.

Lives are Lost in Drinking and Driving Accident Every Year.

Statistics state that 37 people in the United States dies each day due to drinking and driving. In 2022, 13,524 people were killed in alcohol-impaired crashes. Alcohol-impaired driving crashes involve at least one driver or motorcycle operator with a blood alcohol concentration (BAC) of 0.08 or higher, including 283 children between the ages of 0 and 14. Young people are at a higher risk of being hurt in an accident, regardless of the level of intoxication.

Fatal crashes involving drivers with a blood alcohol content greater than 0.08% appear more often towards the younger side of the age spectrum. Drivers between the ages of 21 and 24 account for a third of all intoxication influenced traffic fatalities. Help stop drinking and driving in Alaska.

Johnson Law, P.C. has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Please call Johnson Law, P.C. to discuss your case: (907)277-3090 or use our online contact form.

Fact Sources: National Safety Council; National Institute on Drug Abuse; US DOT

Image Source: Anchorage Daily News