Alaska Laws on Distracted Driving Accidents
The aftereffect of losing your feeling of safety due to another driver’s inattention can be devastating. Not only are you probably dealing with physical injuries due to accidents, but also with a lot of emotional and monetary stress. You need to understand that the laws in Alaska offer a formidable structure to punish careless drivers.
To maneuver in this legal environment, accuracy and expertise are required. The most important thing you can do to defend your rights and claim the maximum compensation you have the right to get is to find the help of a specialized auto injury accident attorney.
Understanding Alaska’s Distracted Driving Statute: The Foundation of Your Claim
The grounds of your prospective claim are sound, as they are based on the Alaska Statute 28.35.161. An informed auto injury accident lawyer will rely on the infringement of this law to prove the other driver’s guilt beyond a reasonable doubt. The law criminalizes reading or typing written communication using an electronic device while driving.
In addition, it does not allow you to drive when a television or video display is on in your view. When a motorist commits this law and the accident injures you, the following punishment is not just a fine but a felony, showing how grave the offense can be.
Seeking Justice Through a Civil Claim: How You Get Compensated
The state criminal charges have nothing to do with your personal right to recover financial damages in a civil lawsuit. Since Alaska is a fault-based state, you can sue the driver who hurt you. The legal principle of negligence per se is beneficial in your case.
Because the distracted driver has broken a law related to safety, the law assumes that they were negligent. This is a very effective instrument that transfers the legal burden so that it is easier to prove your case and recover the damages of medical treatments, lost wages, physical pain, and emotional suffering.
Key Alaska Statutes That Affect Your Accident Claim
You should know about two other important state laws while pursuing your claim. First, Alaska Statute 09.10.070 provides a rigid two-year statute of limitations; you have two years to the day of the accident to sue. Unfortunately, failing to meet this critical deadline will deny you the right to claim compensation.
Also, the Alaska Statute 09.17.060 gives the state a pure comparative negligence rule. This implies that though you may be found to be partially at fault, you do not lose the option of recovering damages; you will just have your percentage of fault deducted from your final compensation award.
Protecting Your Claim: Critical Steps After a Distracted Driving Wreck
What you do right after a wreck is crucial. The essential thing is to seek a medical assessment, which will be vital to your health, and to record your injuries legally. You should also make sure that you file a police report, take pictures of the scene, and collect contact details of witnesses. You should never talk to the insurance adjuster of the at-fault driver or even sign a recorded statement without speaking with your lawyer because their goal is to give their company a smaller payout, not protect yours.
How a Dedicated Personal Injury Lawyer Champions Your Case
A skilled lawyer will handle the legalities to give you time to recover. Your attorney will do an extensive investigation, including subpoenaing phone records of the other driver to establish distraction. They will negotiate with the insurance company to settle you fairly and are more than ready to go to trial with your case should the need arise to get justice.
The laws in Alaska are in your favor, but the legal procedure is complicated and requires deadlines to follow. You do not need to go through this issue by yourself. You can defend your rights and take the first step towards restoring your life by hiring a professional legal expert.
Featured Image Source: https://www.pexels.com/photo/man-using-smartphone-while-driving-2224/
