Anchorage Personal Injury Lawyer - Automobile Accidents - Most Commented

Mother Runs Over Daughter Inflicting Serious Injury

Mike Schneider — Fri, 04 Jul 2008 18:43:15 GMT

Minutes after she turned 49, Maidie Maillelle climbed into her pickup truck. She was too drunk to drive. Her daughter, Tammy Maillelle, tried to stop her, but Maidie ran her down. The incident happened in Grayling, Alaska this morning. Maidie is now under arrest and facing serious criminal charges. Her daughter was medivaced to Bethel for surgery with life threatening injuries. These facts raise interesting issues under Alaska law.

If Maidie is convicted of DUI, or assault, she will be conclusively presumed to be "negligent" in any civil case brought by Tammy against her. She will be conclusively presumed to be liable for 100% of Tammy's attorney fees incurred in the civil case. The civil jury will get to decide how much in punitive damages can be awarded against her.

If Madie or the truck was insured, Tammy should receive the liability limits. If the insurance company doesn't pay, and the case goes before a jury, the jury will be told of that the insurance company is the real party in interest. If Tammy is a resident and related to the named insured, and "exhausts" the liability limits, she will also have a claim for the Underinsured motorist coverage limits.

Because of likely difficulty in finding coverage and recovering from any exposed insurance carrier, Tammy will need the help of an attorney experienced in handling such problems.

Originally posted at InjuryBoard by Mike Schneider

Three Men Killed In Dimond Car Accident

Chrissie Cole — Tue, 13 Oct 2009 23:21:00 GMT

Three men killed in a car accident Friday night, were identified Saturday, according to Anchorage police.

The three men were riding in one of the two vehicles involved in the crash. They were identified as James Breslin, 41, of Oklahoma, Ronald Staggs, 45, of Montana and Jeffrey Gardinier, 49, of Colorado.

Witnesses told police that the Mustang, owned by Staggs, was headed west on Dimond at a high rate of speed when it appeared to lose control and jumped a median just west of Arctic Blvd.

The Mustang collided with a Chevy pickup carrying a family of four, said police. They were treated for non-life threatening injuries. The investigation is ongoing.

Originally posted at InjuryBoard by Chrissie Cole

Death During Drug Deal Could Lead to Civil Claims

Mike Schneider — Wed, 10 Jun 2009 01:12:00 GMT

Brenda Baehm, 42 died recently in Anchorage when she was run over by a vehicle operated by Cora Williams, 37. Williams claims she wasn't trying to hit Baehm, who had been allegedly trying to buy drugs from Williams' passenger, Sarah Savage-Williams, 37. Baehm's family has wrongful death claims that can be brought against Williams, and possibly Savage-Williams, and if Ms. Baehm had uninsured or underinsured motor vehicle insurance, claims can likely be made against that coverage as well. The family should contact an attorney knowledgeable in such matters as soon as possible.

Originally posted at InjuryBoard by Mike Schneider

Woman Ejected From Car Has Claims Against Driver

Mike Schneider — Tue, 09 Jun 2009 01:06:10 GMT

Kenneth Christenson, 51, was unhappy with his girlfriend and passenger. He forced her out of the moving vehicle at about mile 133 of the Parks Highway, drug her for some distance, and beat her, according to police. He has been charged with assault and driving while under the influence. The 25 year old woman has claims she can make against her drunk driver boyfriend. Even though his conduct may be found to be criminal, liability insurance on the vehicle he was driving, and/or her own uninsured or underinsured motorvehicle coverage should respond to her claims.

Originally posted at InjuryBoard by Mike Schneider

Anchorage Police Advise Drivers To Stay Off Roads

Chrissie Cole — Fri, 30 Jan 2009 10:32:00 GMT

Drivers are advised to stay off roads if possible and to drive slowly and carefully, due to dangerous driving conditions.

On Friday evening, within a five our period, the Anchorage Police Department responded to 79 accidents – 16 involved injuries – and 34 involved vehicles in distress.

One of the many car accidents involved a single crash on the Glenn Highway by Fort Richardson. The accident, which injured three people, occurred when the driver lost control of the vehicle and rolled over several times before coming to rest in the median.

The driver was treated at the scene for minor injuries to his hands and arms.

One of his passengers, 21, suffered facial and head injuries when he was ejected from the vehicle.

The third passenger was transported to the hospital with non-life threatening injuries.

According to police, no one was wearing a seatbelt at the time of the crash.

Originally posted at InjuryBoard by Chrissie Cole

Anastasia Trenton Dies in Kenai Rollover Crash

Mike Schneider — Tue, 28 Oct 2008 00:02:00 GMT

The 17 year old resident of Kenia was one of four people in the vehicle when it left the road and rolled around 5:15 last Wednesday around mile 1 of Escape Route Road. Because a driver has a duty to keep the vehicle on the roadway, her family likely has claims for her wrongful death, so long as she was no more than a passenger. The family's own underinsured motorist coverage should also respond to the claim after all of the liability limits exposed by the incident are collected. The family should consult someone skilled in claims and insurance matters for guidance.

Originally posted at InjuryBoard by Mike Schneider

Wrongful Death and Serious Injury Claims Likely Follow Parks Highway Crash

Mike Schneider — Sun, 26 Oct 2008 00:22:00 GMT

A 15 year old driver, with three teenage passengers on board, crossed the center line at mile 51 of the Parks Highway around 4:10 p.m. on September 20, 2008. The young driver of the Chevrolet Trailblazer received only minor injuries. But two of his passengers were critically injured, and a third, Chelsea E. Johnston, 16 years of age from Wasilla, has since died from her injuries.

Donna Gallant, 19 years of age and from Big Lake, and her passenger, 44 year old Timothy Abell, were left in critical condition. Gallant was driving a Plymouth Horizon when she was hit head on by the Trailblazer.

The chances are slim to none of there being enough insurance coverage to address this tragedy. And of course, no amount of money will bring Ms. Johnston back or fix the harm done to the others in this crash. Everyone involved will need a good attorney that understands auto and insurance claims, so as many of the bills as possible will get paid.

Originally posted at InjuryBoard by Mike Schneider

East Anchorage Crash Results in Death and Serious Injury

Mike Schneider — Fri, 12 Sep 2008 00:38:00 GMT

Shirley D. Johnson, 74, collided with Donna Edmundson, 59, in East Anchorage last Saturday. Johnson later died at a local hospital. Her passenger, Darla Chatfield, 46, was seriously injured. The cause of the crash is under investigation and police have not determined who violated the red light at the intersection. Those involved will need good lawyers to sort the facts out and assert the appropriate claims.

Originally posted at InjuryBoard by Mike Schneider

Sneeze Alleged to Cause Crash and Injuries

Mike Schneider — Thu, 11 Sep 2008 22:31:47 GMT

Last Tuesday Mary McClinn, 23, of Wasilla drove her SUV into a school bus. The road was straight, and the weather and visibility were just fine. Her passenger, Jesse Earls, 26, of Wasilla was seriously injured in the late afternoon crash. Her excuse? She was sneezing, and when she recovered from the sneeze, it was too late. Sneezing can be caused by a reflex to light, and other factors beyond the driver's control, but if you have been sneezing from a cold or allergy, it can still be argued that you decision to drive under those conditions was negligent. If the jury believes the act was involuntary and not reasonably anticipated, there may be no claim.

Originally posted at InjuryBoard by Mike Schneider

Hit-And-Run Victim, Lacey, Will Need a Good Attorney

Mike Schneider — Fri, 08 Aug 2008 17:55:24 GMT

Lacey McDaniel was on the job as a road construction flagger earlier this week when she was seriously injured by a hit-and-run driver. She is lucky to be alive. Authorities have since found and charged Joshua Vialpando, 32 with first degree assault, driving while license suspended, and leaving the scene. Because Lacey's fact pattern raises more issues than a law school final examination question, she'll likely need a good attorney, and should hire one soon.

Because Lacey was "on the job" when she got hurt, worker's compensation insurance carrier by her employer will pay her medical bills and pay her some money for lost time on the job. It will or should pay for any degree of "permanent partial" or "permanent total" disability she is found to have, but this won't be a cake walk. Problems and issues include:

a. worker's compensation carriers often refuse to pay, or "controvert," claims, whether it is fair to do so or not;

b. worker's compensation attorneys are hard to find, underpaid, and overworked;

c. the worker's compensation carrier gets paid back from any claim Lacey makes against Vialpando, even though Lacey and her attorney do all the work and take all the risk. There are important limitations on this subrogation right, and Lacey will need a good attorney to advocate them;

d. Lacey's employer/worker's comp insurance carrier take her right to sue Vialpando by operation of law if she doesn't sue him within one year of the injury; and

e. whatever Lacey gets from the worker's comp system, it won't be enough to break her even for the losses and harms she has, and will, suffer.

If Vialpando was insured, which is doubtful, his insurance limits will not likely be enough to cover the harm he caused Lacey. If Lacey owned an insured vehicle, even though she wasn't in it, and/or if she lived with a "resident relative" who did, she may be able to make uninsured or underinsured motorist claims against that coverage. But if she doesn't take the right steps to preserve her rights during the process of any settlement with Vialpando, any such claim may be denied. Again, she'll need good professional help to navigate the insurance minefield.

Originally posted at InjuryBoard by Mike Schneider