When a Trailer’s Rear Guard Fails: Building a Defect Case After an Alaska Underride Crash Key Takeaways: Proving that a defective rear impact guard caused an Anchorage underride injury generally starts with preserving the trailer, the guard, and the striking vehicle before repairs or salvage destroy the evidence. Investigators then compare the failed guard against...
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The Hidden Witness Inside Your Vehicle After an Alaska Crash Key Takeaways: An event data recorder (EDR), or vehicle black box, is an electronic module in many modern cars that captures a few seconds of technical crash data such as speed, braking, throttle, seat belt use, airbag deployment, and change in velocity. Federal rules under...
Why Insurers Bring Up Your Seat Belt After an Alaska Crash Key Takeaways: The seat belt defense in an Alaska car accident claim is an insurer’s attempt to reduce compensation by pointing to a plaintiff’s failure to buckle up. Under a 1986 Alaska Supreme Court ruling, that evidence generally goes to the amount of damages...
Understanding the Court-Appointed Medical Review Process in Alaska Malpractice Claims Key Takeaways: Alaska’s expert advisory panel is a court-appointed three-person panel authorized by AS 09.55.536 that reviews a medical malpractice case and reports on whether the provider met the standard of care and whether any deviation caused the claimed harm. Appointment is the default: unless...
When a Hazard You Could See Does Not End Your Claim in Alaska Key Takeaways: In Alaska, an "open and obvious" hazard generally does not automatically defeat a slip and fall claim. Because AS 09.17.060 establishes pure comparative fault, proof that you saw a danger may reduce your damages in proportion to your share of...
When a Truck’s Load Shifts: Understanding Alaska’s Cargo Rules and Your Right to Recover Key Takeaways: A cargo securement violation happens when a carrier, driver, or loading crew fails to firmly immobilize freight as federal regulations require, allowing it to shift, spill, or fall during transport. Federal rules at 49 C.F.R. Part 393, Subpart I...
Why Your Own Choices After a Crash Can Shape Your Recovery Key Takeaways: The duty to mitigate damages after an Alaska car accident requires an injured person to take reasonable steps to avoid making their losses worse, and it generally applies to conduct after the crash rather than fault for the collision itself. Alaska has...
The Timing Question That Can Decide Your Malpractice Case Key Takeaways: In Alaska, the medical malpractice filing clock does not always start when negligence occurred; under the discovery rule, it begins when you discover, or reasonably should have discovered, that malpractice caused an injury. Most claims follow the two-year deadline in AS 09.10.070(a), but courts...
