Understanding Negligence In Fatal Car Accidents

Sadly, driver negligence causes many fatal car accidents. Negligence includes drug and alcohol use behind the wheel. Authorities estimate nearly half of fatal car accidents involve drugs or alcohol. Unsafe or excessive speed contributed to at least 37 percent of fatal car accidents. Alcohol or drug impairment combined with unsafe speeds are linked to at least 66 percent of fatal accidents. Common examples of driver negligence include:

• Drug-impaired or alcohol-impaired driving
• Excessive or Unsafe speed for the road or weather conditions
• Texting while driving
• Falling asleep at the wheel

The first step in determining whether a civil claim should be brought after a fatal car accident involves determining whether a driver was negligent. Under Alaskan law, a person who drives a motor vehicle in a manner that creates an unjustifiable risk of harm to a person or to property and who, as a result, actually endangers a person or property is guilty of negligent driving.

See: AK Stat § 28.35.410 (2024)

Negligent conduct normally arises in two ways:

• When another driver acts unreasonably under the circumstances; or
• When another driver violates the “Rules of the Road” found in 13 AAC 02.

Alaska Statutes

13 AAC 02.085 requires drivers to stay in their own lane until they “first ascertained that the movement can be made with safety.” 13 AAC 02.125 requires all drivers turning left to “yield the right-of-way to a vehicle approaching from the opposite direction which is within the intersection or is so close as to constitute an immediate hazard.” Finally, 13 AAC 02.130 requires drivers to stop at Stop Signs, entering a roadway only when safe. Meaning when there are no other vehicles close enough “to constitute an immediate hazard.”

After A Fatal Car Accident

The best way to determine if your loved one’s fatal car accident was caused by negligence is to consult with an experienced wrongful death attorney. The attorney’s job is to first determine whether any party was negligent. This normally requires a candid assessment of the Rules of the Road. The attorney will investigate how each driver conducted himself or herself behind the wheel.The reason it makes sense to investigate negligence is because holding people accountable is good for society. It’s not about punishing … it’s about accountability. If negligent drivers are not held accountable for fatal car accidents, there is no incentive for people to drive more safely. This is simple human nature. Depending on the circumstances of your case, your family may be eligible to receive monetary compensation to cover:

• Funeral and burial expenses
• Medical bills incurred as a result of the accident
• Wages and benefits your loved one would have earned
• Child and/or spousal support
• Loss of consortium between relatives
• Pre-death pain and suffering

Accountability for these claims is paid to the surviving spouse, children, and/or other dependents of the deceased person through the loved one’s estate.

Statute of Limitations

It is important to remember that Alaska has a two year Statute of Limitations for death claims after a fatal car accident. (See: AS 09.10.070 and AS 09.55.580.) Thus, the family must either settle related claims – or file a lawsuit – within two years of the wreck. Delay will cause the loss of valuable rights. This includes the right to compensation. This is HUGE. Please pay close attention to the Statute of Limitations found in AS 09.10.070 and AS 09.55.580.

Wrongful death after fatal car accidents are particularly sensitive cases. They deserve equally sensitive representation. Please call Johnson Law to discuss your loss: (907)277-3090 or use our online contact form.

Johnson Law 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: Wise Voter; Justia; Alaska Administrative Code; Alaska Statutes

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