Insurance Adjusters

Insurance adjusters are sometimes helpful, but their role is complex. Be very clear, insurance company adjusters work for the insurance company – not you. They “win” to the extent you “lose.” Employed by the insurance company, their goal is to settle claims according to the insurance policy. This puts the insurance companies’ financial interests ahead of your interests.

An insurance adjuster’s responsibility is to settle personal injury claims within policy limits or less. Furthermore, insurance adjusters often receive compensation based upon how little money is paid to claimants like you. For these reasons, it is best for the injured claimant to call a personal injury attorney – a professional who is 100% on your side.

Personal Injury Attorneys

A PI Auto Claims Lawyer brings individual expertise and focus to their practice of law. For example, personal injury lawyers ensure you are properly “made whole” for negligence that results in an injury. These attorneys litigate and resolve cases when a person suffers injuries.

In addition, a skilled personal injury lawyer is familiar with insurance company tactics, guiding you through the PI Auto Claims process. A skilled personal injury claims attorney will normally speak to you at no charge, evaluating your case and (at a minimum) pointing you in the right direction. You have nothing to lose … and everything to gain.

Filing Personal Injury Auto Claims

After a serious automobile crash, reach out to a reputable PI Auto Claims attorney right away. Your attorney will gather evidence to prove the negligence of the third party responsible for your injuries. If they succeed, you may receive compensation to repair your vehicle, pay your medical bills, lost wages, and other necessary long-term care costs.

Please contact Johnson Law today to discuss your PI Auto Claim: (907)277-3090 or use our online contact form.

This Personal Injury Auto Claims article is Part 6 of a 6-Part Winter Auto Insurance Review Series. Read these articles for information about Auto Liability Insurance, UM and UIM Insurance, Auto MedPay, and Umbrella Coverage.

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

Understanding Alaska Car Insurance

The three types of Alaska Auto Coverage insurance sold to Alaskans intended to help injury victims, include:

1. Liability insurance; 
2. Uninsured and underinsured motorists (often referred to as U/UIM); and 
3. Medical Payments Coverage (MedPay). 

An experienced  Alaskan personal injury attorney  reviews the driver’s and passenger’s insurance to determine if the policies apply to the crash.

1. Liability (Bodily Injury) Insurance

Alaska drivers must maintain at least 50/100 ($50K per person, up to $100K per incident) of liability insurance. This insurance normally covers against “loss from the liability imposed by law for damages that arise from the ownership, maintenance, or use of a designated motor vehicle.” It also normally insures against loss “imposed by law for damages that arise from use by the operator of a motor vehicle not owned by the operator.” In other words, liability insurance covers named insured and all those operating the insured vehicle with the owner’s permission.

2. Uninsured And Underinsured Motorist Coverage

Most drivers also carry uninsured and underinsured motorist coverage. This is a low cost insurance policy that protects drivers hit by people violating the law and not carrying required liability insurance. It can also provide coverage when there is a hit and run accident. Uninsured and underinsured motorist coverage normally extends to all occupants of the insured vehicle, including family members. It is also personal. That means your U/UIM insurance covers you whether you are in your own car or not. Alaskan case law provides that U/UIM insurance even covers pedestrians hurt by uninsured/underinsured motorists.

3. Medical Payments Coverage

Medical Payments refers to coverage included on some car insurance policies that pays medical expenses for all occupants in a vehicle suffering injuries from a crash. The coverage will cover both the person insured and passengers. MedPay covers injuries regardless of who causes the crash. Like U/UIM coverage, MedPay is personal. It normally covers you and your family even while in another person’s car, walking along a street, or on a pogo stick in Australia. It is a low cost insurance option that can be added to most insurance policies.

How Alaska Auto Coverage Helps

If you have suffer injuries following a car crash, even if it was a single car crash, you may be able to receive compensation for your injuries. This can include lost wages, medical bills, and pain and suffering. Having an Alaska personal injury attorney who understands the ins and outs of the Alaska court system is essential. Our attorneys will review your case at no cost.

Understandably, some people are uncomfortable with the thought of suing another family member. Fortunately, Alaskan law provides solutions to that problem. Johnson Law understands the purpose of insurance is to protect your family from catastrophic medical bills, regardless of who is at fault. 

Johnson Law knows Alaska and Alaska Auto Coverage Law. Find out how we can help. Call Johnson Law at  (907)277-3090 or use our Contact Form to discuss your motor vehicle crash injury case. We are here to serve you.

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

Image Source: Car Insurance List: Car Insurance In Alaska

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

Some Alaskans want to avoid causing trouble for others and steer clear of conflict. Do not be that person. Deciding against pursuing your rights hurts not only you but also other Alaskans. The person responsible for injuries and damages should be held accountable for their actions. Holding drivers accountable makes Alaska a safer state.

What Does Holding Drivers Accountable Mean?

As the victim of a collision, your primary job is to work toward healing. You should not have to worry about paying for your injuries or repairs to your vehicle. The other party is responsible, so that person should cover your losses. Holding drivers accountable is important. If necessary, victims may have to sue the at-fault party directly for additional losses beyond insurance.

If you have concerns about holding another driver accountable for your damages, talk to an experienced Alaska personal injury attorney about filing a claim on your behalf. While you focus on recovery, your attorney will handle the legal aspects of your case. This is the best way to handle a claim for severe injuries. A good Alaska personal injury attorney will assist with settlement decisions and claim details.

Accountability Makes Alaska Safer

In fact, holding drivers accountable is crucial in Alaska for ensuring responsible use of public resources. It is important to exercise your legal rights and hold others accountable for negligent or unlawful actions. Holding negligent parties accountable protects others from becoming victims later.

Accountability helps ensure that individuals and organizations adopt better behavior and make better decisions. Holding drivers accountable for negligence provides a clear understanding of expectations and consequences. This reduces the likelihood of poor choices throughout Alaska. 

Person held responsible for their actions, are less likely to repeat poor choices. Holding drivers accountable makes Alaska safer.

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 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

Sources: Alaska DMV; Alaska Injury Claims

Image Source: Alaska Itinerary

Practice Safe Driving Techniques

A responsible driver pays close attention to the roadway, reports dangerous drivers, and regularly maintains their vehicle. If a driver fails to practice safe driving in Alaska, that driver may cause an accident and harm to others.

Fortunately, aside from common sense and other safety precautions, there are other ways to make our roads safer. Unlawful and negligent drivers may be brought to justice in both criminal and civil courts under certain circumstances. Criminal court holds unlawful drivers accountable and civil court holds negligent drivers financially accountable for the costs of failing to practice safe driving in Alaska and causing damages.

Keeping negligent and unlawful drivers may be off the roads is important for all Alaskans. Consequently, some drivers must have their license suspended or revoked after causing an auto accident. Practice safe driving in Alaska.

Alaska’s REDDI Program

Alaska Department of Transportation asks Alaskans to: Report Every Dangerous Driver Immediately

The message behind the REDDI program, asks residents to watch for and report drivers who might be a danger to themselves or others, increasing safe driving in Alaska. This includes drivers who are:

• under the influence of drugs or alcohol;
• driving while distracted;
• are too tired to safely operate a vehicle; or
• are exhibiting driving behaviors that might put others at risk, such as swerving, passing on curves, and weaving in and out of lanes.

The above driving behaviors are dangerous and put safe driving in Alaska at risk. Hence, reporting a dangerous driver is as easy as 1-2-3:
1. Get information about the vehicle and driver. This includes:

• the vehicle’s license plate number;
• make and model of the vehicle;
• a description of the driver (or name if you know the person); and
• any identifying characteristics about the vehicle, such as bumper stickers or special design features.

2. If you are driving, stop at a safe place or ask a passenger to make the call.
3. Call 911, and a dispatcher will lead you through the report.

Following An Accident In Alaska

After an accident occurs, it is important to check on everyone involved. First, ensure everyone is safe and no longer at risk of injury. Second, report the accident to 911 as soon as possible. Third, exchange contact and insurance information between all drivers. Finally, take pictures of the accident scene and hold onto any receipts for payments made on related damages. Safe driving in Alaska includes clear, thoughtful action after the unthinkable happens.

Penalties For Failing To Practice Safe Driving In Alaska

In Alaska, a driver failing to practice safe driving and causing injury to another person, through negligence, unlawful behavior, or distracted driving can be held financially responsible for the damages. These include funeral costs in cases of fatal car accidents, medical care, time spent unable to work, permanent or temporary disabilities, court costs, attorneys’ fees, related interests and in extreme cases, punitive damages.

If you are injured in a car accident, please contact an experienced Alaska Personal Injury attorney. 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 auto accident case. We are here to serve you if you are seriously injured in an auto accident.

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

Source: Nemours Teen Health

Image Source: National Safety Compliance

When To Submit An Alaska Motor Vehicle Crash Form

Alaska Statute 28.35.080 states:

(a) that The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $2,000 or more shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the Department of Public Safety.

(b) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $2,000 or more shall, within 10 days after the accident, forward a written or electronic report of the accident to the Department of Administration and to the local police department if the accident occurs within a municipality. A report is not required under this subsection if the accident is investigated by a peace officer.

If a responding officer requests drivers to submit the Alaska Motor Vehicle Crash Form 12-209, the drivers must comply The form may be printed for completion or submitted online. Provide as much information as possible when completing this form. Immediately after the accident, write down contact information for drivers, passengers and any witnesses. Talk to everyone who saw the accident. Do not apologize or admit to any wrongdoing. This may cause you to be liable for a crash that is not actually your fault.

Make a copy of your form before submitting to the Department of Administration (DOA). To request a copy of this form, or the Crash Report completed by law enforcement, use the State of Alaska DMV Request for Crash Report Form.

Be Aware Of Time Limitations

To comply with Alaska laws, submit the Alaska Motor Vehicle Crash Form 12-209 to the DMV’s Main Office. Also provide a copy to the responding police department within 10 days after the accident.

Review your insurance coverage for specifics about when your insurance company must be notified of your, or your insured vehicles, involvement in an accident.

Remember the Statute of Limitations for injury to an adult in the State of Alaska is normally two (2) years. You must either file a lawsuit or settle your claims within two (2) years or lose valuable legal rights, including the right to compensation.

Please call Johnson Law to discuss your auto case: (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: Alaska Department of Motor Vehicles; The Alaska State Legislature; and FindLaw

Image Source: Alaska Department of Motor Vehicle

When an unattended vehicle is struck by another driver, the driver must make all reasonable efforts to contact the owner of the damaged vehicle. The driver responsible must leave a written statement providing name and contact information as well as detail the circumstances of the event if the owner cannot be found.

Report The Motor Vehicle Crash To Police

Contact the police and provide your location and identify all drivers involved in the motor vehicle crash. If a responding officer requests drivers to submit an Alaska Motor Vehicle Crash Form (See Crash Form 12-209), the drivers must comply The form may be printed for completion or submitted online.

Be sure to gather all insurance information and contact information such as names, addresses, license number, and phone numbers of the other drivers. It’s also helpful to gather contact information from any witnesses. Having an officer arrive on scene is good support for the facts you provide to open an insurance claim after a car accident.

See A Doctor After A Car Accident

See a doctor and rule out potential injuries after a car accident. Your medical needs are the first priority. You, or anyone else who is injured, should be seen by a doctor as soon as possible. If necessary, call for help and render aid to injured persons until help arrives.

Take Pictures At The Crash Scene

Take photos of the motor vehicle crash damage, visible injuries, the surrounding area and roadway. These will support your insurance claim. Before leaving the scene of an accident, be sure to take pictures for future use.

Dashboard cameras are great because they can often provide video of exactly what happened during a collision. However, many people don’t have dashcams installed in their vehicles. Surrounding businesses, and even some homes, have outdoor video cameras that may have recorded the collision. It’s a good idea to ask the surrounding building owners whether or not they have cameras after a car accident and whether they will review the recording to provide evidence supporting your insurance claim.

What Is A Hit And Run?

On some occasions, whether due to being uninsured or for other reasons, a driver will flee the scene of a motor vehicle crash without providing contact and insurance information, or even rendering aid to potentially injured individuals. This is against Alaska law and is called a hit and run.

If an accident occurs causing injury or damage to your vehicle you must take the appropriate steps. Abide by all relevant laws and seek medical care as soon as possible after a car accident. Contact police, exchange contact information with other drivers and witnesses, take scene and injury photos. Remember to stay at the scene of an accident to wait for the police and emergency services.

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

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

Source: Alaska Statutes

Image Source: National Kidney Foundation

The Insurance Institute for Highway Safety reported 42,514 deaths from motor vehicle crashes in the United States in 2022. The National Safety Council shows motor vehicle fatalities in the United States remained at an overwhelmingly high level, with an estimated 44,450 people dying in auto accidents in 2023. 

While there is no obvious reason why the number of deaths in car crashes increased, it’s possible that changes in laws and the number of vehicles on the roads play a significant role in the number of fatal car crashes. Regardless of the reason, it’s necessary to discuss ways to reduce your risk of being in a collision. Here are three ways to help drivers avoid auto accidents:

Pay Attention At All Times

Don’t answer your phone, look away from the road to change the radio, or take unnecessary risks behind the wheel. Focus on the road ahead of you when driving. Distracted drivers causes auto accidents

Avoid Car Crashes Related To Vehicle Failure

Maintain your vehicle with appropriate mechanical services to keep your engine running safely. Routinely check tire pressure, clean car windows and mirrors, keep fuel levels optimal, and monitor other aspects of safety inside the vehicle. A vehicle malfunction could lead to an devastating car crash.

Report Dangerous Drivers

If you see someone driving too fast, too slow, recklessly, or appears intoxicated, report him or her to the police. Even if everything the erratic driver is not drinking, it’s better to make the report than to end up in an auto accident when the erratic driver makes a mistake. An early report could prevent a car crash with another drivers.

Injured In An Auto Accident – What Do I Do After A Car Accident?

First, call 911 and report the car crash to law enforcement. The police secure auto accident scenes. This protects you and others from additional dangers, while preserving evidence. The police also arrange medical help or emergency transportation as necessary. After an auto accident, your first priority should be to accept proper medical help as soon as possible. 

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

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

Sources: Center for Disease Control;  Insurance Institute for Highway Safety; National Safety Council

Image Source: CBC News

Tips For A Safer Spring Weather Driving

Driving in Spring has challenges and one needs to take precautions no matter where you live. However, if you are prepared, drive safely, and have the right tools, navigating Alaska roads while driving in Spring can be safer and more enjoyable:

• Seatbelts – fashionable in all seasons and go with every outfit
• Sun safety on those morning and afternoon commutes is a must
• Make sure to share the roads with the ATVs and motorcycles navigating Spring Weather Hazards
• Construction season will be here so be aware and alert while traveling in these areas
• Big truck traffic increases Spring Weather Hazards while bringing more goods and services to Alaska
• Extra sun requires sleep adjustments – be sure you are well-rested before getting behind the wheel

Traumatic Brain Injuries And Motor Vehicle Accidents

March is also Brain Injury Awareness Month. Every March, the Brain Injury Association of America leads the nation in observing Brain Injury Awareness Month. Spring weather hazards bring the risk of motor vehicle accidents.

Traumatic Brain Injuries: Adult occupants were 47.0% of all motor vehicle–related TBI visits and 9.7% of all TBI visits. Child occupants represented 54.4% of the motor vehicle crash–related TBI ED visits.

Traumatic Brain Injury Deaths: Adult vehicle occupants were 45.8% of all motor vehicle–related TBI deaths and 13.2% of all TBI deaths. On average, there were 488 child TBI deaths in motor vehicle crashes, accounting for 21.8% of all TBI-related deaths.

Vehicle Maintenance

Make sure to take care of the vehicle that gets you to and from all the beauty Alaska has to offer through Alaska’s Spring weather hazards. As you adjust and welcome the season, be aware and prepared. Take care of yourself and others while driving. Make safe driving in Alaska during Spring, Summer, Fall and Winter weather a priority.

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

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

Sources: Alaska Online Defensive Driving; Brain Injury Association of America; Center For Disease Control; National Library Of Medicine

Image Source: Where And When

Do I Really Need A PI Attorney? 

Some injured people don’t need a personal injury attorney. When injuries are minor, it makes little sense to hire an attorney. When injuries are serious, it usually makes good sense to at least talk to an attorney. It depends on the severity of your injuries. Because we offer a free consultation, you have nothing to lose.

A Car Accident May Change Your Life

Let’s say you wake up in a hospital and the last thing you remember is you were turning right to head home from work. You had a green light and the right of way. Another driver, not paying attention, sped through his red light and struck the side of your vehicle. Your vehicle spins and then rolls into a ditch next to the road. The emergency crew uses the Jaws of Life to extract you from the vehicle. Now, you are struggling with a brain injury, multiple lacerations and broken bones.

Fortunately, you are still alive but now you have several other issues to consider such as medical bills, lost wages, caring for your family and even vehicle repairs. Normally, the at-fault driver’s insurance covers these kind of claims but likely does not consider your best interest.

What To Expect When Choosing A PI Attorney

You should expect your attorney to educate, advise, and represent you as follows:

• Educate you about your rights, the legal basis of your claim and the damages you are able to recover.
• Advise you throughout the recovery process and help you know what to expect.
• Be an effective and honest representative for you.
• Be your voice in dealing with the defendants, insurance adjusters and other attorneys.
• Answer your calls promptly and keep you involved.

When choosing a personal injury attorney, you should also expect: (1) A higher net recovery; (2) an experienced guide; and (3) relief from worry.

What Is A Free Consultation?

A free consultation is exactly that – your initial consultation with Johnson Law cost you no money. It helps you and the attorney get to know each other. Free consultations let you know what it is like to work with our office, and what you can expect. If you are anxious about the expertise of the attorney or the expenses involved, the free consultation period is where you can find out a great deal of information about our firm.

Why Choosing A Personal Injury Attorney Is Important

Research of personal injury claims processed by the injured person, verses claims handled by a personal injury attorney. found that people who hired attorneys received between 2.5 and 3 times what is paid to people who “go on their own.”

Even after paying an attorney 33%, that means you receive almost twice as much. An experienced personal injury attorney guides you through settlement or trial. They equal the playing field when dealing with insurance companies. Hiring a personal injury attorney allows you to focus on your recovery, while your attorney focuses on holding the responsible person accountable for your injuries. Make sure you find an attorney you like and trust.

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

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

Sources: Live Positively; Chambers Medical Group

Image Source: Chambers Medical Group

A PI Attorney Understands A Claims’ Potential

On the other hand, a skilled personal injury lawyer may see the potential that a claim exists … and be willing to investigate.

EXAMPLE: I was once contacted by the parents of “Jason” – a 16 years old male badly injured in a single-vehicle, roll-over crash. Jason’s 17-year-old friend, Harvey, was driving the pickup they occupied when Harvey lost control and rolled the pickup off the road. Because Jason was not wearing his seatbelt, Harvey’s auto insurance company told Jason’s family: “Jason’s injuries are Jason’s own fault. Jason should have worn a seatbelt. Your claim is denied.”

Related medical/surgical bills exceeded $129,000. Jason looks forward to 60+ years of pain and limited mobility because of this wreck. Jason’s parents didn’t know how to cover the care their son needed. It was time to call a personal injury lawyer and ask questions.

Investigating Claims

Jason’s parents asked us to investigate.

We gathered the police report, visited the scene, spoke with Harvey, measured and photographed the pickup truck, got ahold of the pickup’s “black box” and performed appropriate legal research. Initially, we confirmed: (1) that Harvey was negligent because the Rule of The Road require drivers to stay within their lane unless it is safe to leave it (13 AAC 02.085); and (2) Harvey’s insurance company was partially correct: Any part of Jason’s injuries caused by Jason’s failure to wear a seatbelt were Jason’s responsibility, not Harvey’s. See: Hutchins v. Schwartz, 724 P.2d 1194 (Alaska 1986).

A good personal injury lawyer knows that what is needed, is to determine how much of Jason’s injuries were caused by Jason’s failure to wear a seatbelt.

Knowing When To Hire An Expert

The firm hired a certified Accident Reconstruction (AR) expert to help us investigate. The investigation helped determine whether Jason’s lack of a seatbelt contributed to Jason’s injuries. The AR expert/engineer performed extensive tests, most directed to recreating the Crash that he could evaluate structural damage of the pickup. The AR expert finally concluded:

“No. Jason’s failure to wear a seatbelt in no way caused or made Jason’s injuries worse. The roof of the pickup was badly crushed in the crash. Thus, the lack of seatbelt had no bearing on Jason’s injuries. The roof was so badly crushed, it impacted the pickup’s bench seatback. Indeed, if Jason had been wearing a seatbelt, he probably would have died in the Crash.”

Because Jason’s parent’s spoke to a personal injury lawyer instead of letting the insurance company deny their son needed care, Harvey’s insurance company paid Jason full liability “Policy Limits” of $100,000. It also paid Jason full Underinsured Motorist “Policy Limits” of another $100,000. Finally, Jason’s family auto insurance paid Jason another Underinsured Motorist “Policy Limit” of $50,000. The insurance company also paid Jason’s medical bills. Jason is getting the vocational rehabilitation he needs and can look forward to a reasonably well-paying job.

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

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

Image Source: 12WBOY

What happens when you are wronged in other ways? How do you know if the law will help you?

When To Hire A Personal Injury Attorney

For example, I am an Alaskan Personal Injury Attorney. I help people hurt (and the families of those killed by) other people’s bad conduct (“negligence”). Usually, the negligence is poor driving – ignoring the Rules of the Road. When a Motor Vehicle Crash – caused by somebody else causes damage to a family or friend – people call me. Some Drunk Driver crossed the center-line, or ran a Stop sign … and Crashed into them. When this happens, it really is not too difficult to conclude that the Drunk Driver engaged was wrong or negligent. We all agree that accountability is good. The law should help people who are injured, and the families of those who are killed, by drunk drivers. Hiring a lawyer helps hold drunk drivers fully accountable, making society batter.

But what about situations where a person is hurt … and it is unclear whether bad conduct was involved? How is a person like you to learn whether another person engaged in the type of bad conduct that give rise to a tort claim for injury or death? Hiring a lawyer to investigate potential claims helps you through these situations.

Arguing With Insurance Companies

Or, what about situations where an insurance company tells you “there is no claim here,” “there is no coverage for that loss,” or “there is nothing we can do for you”? What should you do then? A good personal injury attorney argues with the insurance company so that you don’t have to…

The answer is simple: You can either: (1) Wilt away and let it drop; or (2) Find a good attorney to investigate for you. Hiring a lawyer is the smart choice. Most good Personal Injury attorneys are willing to expend the time and money necessary to investigate potential injury and death claims. We foot the bill to hire investigators, collect the records, do the legal, engineer, and medical research to determine whether a claim exists.

It is part of our job. We also usually do it gratis: No charge.

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

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

Image Source: WSBT 22

After A Car Crash

Afterward, you will think about the wreck. Questions will arise: Why me? Why my friend, family member, spouse, or partner? What could we have done differently?

During your recovery as a car crash passenger, many people will tell you that you are “lucky” and should be grateful. At the center of importance is understanding you have been injured and have every right to be angry. In addition, you might spend hours, days, even weeks obsessing over the wreck. You may be angry. Furthermore, you might feel guilty.

Ask For The Help You Need

In our experience, we’ve found the following helpful for car crash passengers:

• First – Get proper medical care for physical injuries. It is critical to work with your doctors for full recovery from physical injuries if you are a car crash passenger.
• Second – Seek care for injuries such as anger, guilt and fear. Find a therapist you like and fit appointments into your schedule. Talking with a specialist about your anger, pain and suffering as a car crash passenger is important to healing. A good counselor will suggest therapy that fits your needs.
• Third – Ask for help recovering what you lost as a car crash passenger. Call an attorney and ask questions. An experienced personal injury attorney will review all resources, including insurance policies, to determine how best to recover costs for your treatment and other losses. Car crash losses may include medical bills, wages, therapy, prescriptions and more.

Medical Payments Coverage For Car Crash Passengers

Medical Payments (MedPay) covers medical bills and health insurance copays or deductibles for treatment related to injuries from a crash. MedPay insurance provides coverage to the driver and the passengers after a car accident no matter who was at fault. 

Most importantly, MedPay provides coverage when you or your family members get hit by a vehicle in someone else’s car. When adding MedPay to your policy, ask the following questions:

• Does your health insurance have high deductibles?
• Are you concerned about paying out of pocket for medical expenses if you’re in an auto accident?

Revisiting both your auto insurance and health insurance coverage are helpful when determining how much MedPay is needed for you and your family.

Finally, a car crash is frightening. If you are a car crash passenger, ask for help. The right help ensures better recovery from your injuries.

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

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

Sources: Nerdewallet; RateForce

Image Source: USA Today

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

UNDERSTANDING MEDICAL PAYMENTS INSURANCE

Generally speaking, medical payments insurance covers the cost of medical expenses arising from an automobile accident – regardless of who is at fault. It can also cover the following expenses that may arise out of a car crash – even if you are nowhere near your insured vehicle:

• Medical Transport;
• Emergency Room Expenses 
• Radiology – X-rays / CT Scans / MRIs 
• Anesthesia; 
• Surgeon fees; 
• Medical facility / hospital fees; 
• Prostheses; 
• Doctor’s visits; 
• Dental care required as a result of a car crash; and 
• Funeral expenses. 

It covers all of your occupants and is optional in Alaska. Sadly, many people either decline the coverage, or do not know they have the option of purchasing Medical Payments coverage. Medical payments insurance can be used directly as primary coverage for expenses, or as a supplement to health care coverage you already have – paying co-pays and deductibles when you use your health insurance. Different policies take a different approach to this. Nonetheless, having medical payments insurance offers peace of mind that all expenses will be covered.

HOW TO GET MEDICAL PAYMENTS INSURANCE

The good news is, medical payments insurance can be added to your car insurance policy at any time. The cost of it is directly proportional to the amount of coverage you select per incident. Depending on your insurance policy and the size of coverage you choose, the insurance can be as low as $2.00 – $7.00 per month. This kind of coverage costs very little. Hopefully you never need it, but it ensures occupants receive the medical care they need.

Is it time to review Your Medical Payments (MedPay) Auto Insurance? Most of us buy first automobile insurance when we are “young and poor.” Our interaction with an insurance sales agent goes something like this: “I have no money. Sell me the cheapest coverage you have to let me legally drive in Alaska.” As a result, insurance sales agents normally sell us “statutory minimum”  “50/100” Liability insurance. We may or may not even know there is more protection available such as U/UIM and Medical Payments.

Medical Payments Insurance

Medical Payments or “MedPay” insurance normally pays for medical bills arising from an automobile accident. Therefore, it covers you and all occupants of your vehicle. And while it is not mandatory under Alaskan law – it should be. In fact, many people have no MedPay or only $5,000. This is not enough.

How Much Does It Cost

I recommend you buy $100K of “MedPay” insurance. It should cost between $50 and $75 every six months. Furthermore, People with sufficient MedPay rarely get bankrupted by medical bills and aren’t harassed by collection agencies after a Motor Vehicle Accident. Equally important, it is cheap peace of mind. Buy all you can afford.

BOTTOM LINE

If you or a loved one gets hurt in a car crash, be sure to coordinate payment of your medical bills between your health insurer and your Medical Payment insurer. DO NOT let your Medical Payments insurer exhaust your benefit up front. This is a common mistake.

This Blog is Part 3 of a 5 Part Series. Check these posts for information about Liability, U/UIM, Umbrella, and Homeowner Insurance.

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.

Secondary Source: Insurance Information Institute

Image Source: Wallet Hub

Negligence is a Civil Justice Matter

Determining who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what Civil Justice rule or rules the negligent person violated. An attorney reviews a number of resources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.

Negligence is not a Crime

What determines if an injury is a crime or negligence? An injured person is described as a victim. Justice for the victim is determined by how the injury happened. The question is: “Was the injury an accident or was the injury on purpose?“

• Negligence = Accident
• Crime = On Purpose

When one person hurts another on purpose, they have committed a crime and are punished within the criminal justice system criminal. A purely negligent person does not intend to hurt another person. For example: A driver distracted by traffic behind him does not see a red light in time. The distracted driver is unable to stop. He accidentally hits another vehicle while trying to stop. The distracted driver made a mistake. He was negligent. The negligent driver is responsible for the damages. The Civil Justice system addresses injuries caused by accidents. This is also true in cases which are not caused by driver negligence.

Civil Justice in Negligence Cases

Personal injury and negligence cases often resolve with a settlement agreement before trial is needed. When parties do not agree to settle the claim, a lawsuit is required. Johnson Law, P.C. works hard to settle our clients’ car accident cases without the court.

In some cases, we must file a lawsuit and go to trial. The civil justice system allows a person or entity (the plaintiff) to sue another person or entity (the defendant) for harm or wrongdoing. In negligence claims, justice is determined by the cost of the damages. Courts look to a number of factors in determining whether a driver was negligent in Civil Justice cases. Some of these factors include, but aren’t limited to, the following:

• Disobeying traffic signs or signals
• Failing to signal while turning
• Driving above or below the posted speed limit
• Disregarding weather or traffic conditions
• Driving under the influence of drugs or alcohol

Alaskan Civil Justice law requires a negligent person to assist the victim of the negligence, or to assist the family of the victim. Money is the leading way to assist the victim in a negligence claim. In other words, society does not punish a negligent person with a jail sentence. Society asks a negligent person to pay for the damages they caused.

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.

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

Secondary Source: FindLaw, “Car Accident Basics“

Image Source: RAND Institute for Civil Justice

For example, many people suffer injuries in an automobile accident. However, not all injuries are apparent immediately after a crash. Shock and adrenaline often hide an injury for days or even weeks. Car crash victims should seek medical care, even if an injury appears minor.

When To File Damages Claims

Automobile accident damages may create hospital bills, medical expenses and physical therapy. These bills often lead to financial stress as frightening as physical pain.

Many injury victims ask a personal injury attorney for help after incurring car accident damages. The attorney will research the facts of an accident; help the injured victim hold the person responsible for the accident accountable; and assist the injured victim to recover economic damages, expenses and lost wages suffered from their accident.

Even worse than the automobile accident damages themselves, is to be in a position of not having health insurance or affording necessary medical care. In cases where a crash is the fault of another party, victims may seek compensation from the person or business causing the crash.

What Are Automobile Accident Damages?

Medical care is normally the first car accident damage following an auto accident. Car accident victims with serious injuries immediately go to the emergency room, where they may require expensive surgeries. Victims with less serious injuries may undergo lengthy treatment to resolve injuries. Costs of medical treatment quickly adds up, including staying in the hospital, doctor bills, rehabilitation services and medications.

For this reason, medical costs tend to represent a large percentage of automobile accident damages that victims pursue in injury claims. If you have medical payments coverage on your policy, it can also help pay related medical bills so you can receive necessary treatment.

While claims relating to medical costs tend to be primary in personal injury claims, victims can seek other car accident damages too. For example, victims may be entitled to payment for pain and suffering and compensation for lost quality of life. If you find that you are not able to do things after the accident that you once enjoyed, you may be able to seek compensation.

Another form of automobile accident damages includes costs of replacing property destroyed in the crash, including your vehicle. Finally, wages lost while recovering from injuries for missing work may be recovered in a personal injury lawsuit. Keep records of all work you miss as a result of the accident.

In cases of extreme negligence, or willful negligence, parties might also secure compensation for punitive damages. Courts sometimes award punitive damages as a way of punishing an at-fault party.

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.

Contact Johnson Law, P.C.: (907)277-3090 or use our online contact form.

Secondary Material Sources: FindLaw, Investopedia

Image Source: Adobe Stock

Unfortunately, there is no way to make yourself completely safe against the threat of a motor vehicle crash. The most common causes of injurious car crashes include distracted drivers, drunk drivers, and unlawful drivers.

Distracted Driving and Motor Vehicle Crashes

Distracting driving is an issue worsening in the age of modern technology. Smartphone use or texting while driving is rampant on our nation’s roadways. Some believe that texting while driving — and statistics seem to support this — is even more dangerous than drunk driving. Either way, taking your eyes off the road to manipulate an electronic device is never a good idea. Drivers are also distracted during activities such as applying makeup or changing radio stations. These distractions cause drivers to operate their vehicles blindly and cause serious car crashes.

Drunk Drivers

Annually, Drunk drivers cause many motor vehicle crashes. Drunk Drivers have slower reaction times and cannot accurately see what is happening on the road. The altered state causes drivers to make poor decisions — like choosing to drive too fast instead of following the posted speed limit or changing lanes uncontrollably. As you can imagine, not following the rules of the road and driving while under the influence is a recipe for disaster, which is why so many DUI car crashes involve very serious injuries and death.

Unlawful Drivers and Car Crashes

Finally, unlawful drivers come in all varieties. The rules of the road were created for a very important reason: to keep us safe. When a driver fails to follow traffic, other drivers will be caught off guard because unlawful drivers act unexpectedly. Suffice it to say, most car crashes are due to one or more driver’s failure to adhere to the law.

If you suffer injuries in a motor vehicle crash due to another person’s negligence, you need to hold that person responsible. Holding people responsible for their actions encourages more drivers to follow the rules of the road, making the roads safer for everyone.

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.

Contact Johnson Law, P.C.: (907)277-3090 or use our online contact form.

Secondary Sources: NHTSA, RGA;

Image Source: Adobe Stock