When a car accident occurs, different ways of determine fault may apply depending on the laws of the state where the accident happened. Alaska is what is known as an “at fault” state; this means that the state holds one driver accountable for causing the accident, and that driver will be legally responsible for the costs associated with the crash.
Most states, including Alaska, are at-fault accident states. However, a few states operate under a “no-fault” system in which both drivers’ insurance companies are responsible for their own customer’s expenses, up to a point. When a crash occurs in one of the nation’s 12 no-fault states, the process of collecting damages for an injury is somewhat different than in an at-fault state.
What Does It Mean To Live In An “At Fault” State?
What being in an “at-fault” state means in terms of collection of expenses related to a car crash is essentially that proving you were the victim of another driver’s negligence becomes an essential component of the case. From a practical point of view, the other driver’s insurance company is usually the one who will be paying the bills; most individual drivers simply do not have the financial resources to pay for damages. Therefore, it is important to understand that it is not enough to prove the other person caused the accident. You must also show that you were injured, and the opposing insurance company will have attorneys fighting hard to show that you were not, or that your injuries were not as serious as you claim.
There are several steps in proving fault and collecting damages in a car accident case.
1) First, you must establish fault. This is often done through a police report, although sometimes there is also eyewitness testimony to consider along with camera and other forms of evidence that may establish what happened in the crash. Once you have established that the other driver is at fault, the next step is finding who is liable.
2) Fault and liability are not the same. Technically, the person who is at fault is liable for the damages. However, it is often the case that the driver has insurance that pays for this liability. There may be liability limits that expressly prevent you from collecting more than a certain amount; in those cases, if your damages exceed the liability limits of the insurance policy, you must try to collect from a secondary source.
3) What about contributory negligence? In many cases, an insurance company will try to say that the victim was at least partially responsible for the accident as well. This is known as contributory negligence. Alaska observes a comparative negligence rule that allows victims to collect in some cases even if they were partly at fault for the accident. In fact, Alaska is one of 13 states that uses what is called “pure comparative negligence.” That means that you may be able to collect damages regardless of the percentage of the accident for which you are held responsible.
4) Collecting damages isn’t easy. It is difficult to prove fault and liability, but it may be even more difficult to collect compensation once these things have been established. If a person is without insurance, or if the insurance company tries to deny payment, you may find that the help of a lawyer for your car accident case is essential.
Barber & Associates wants to be your choice for Best Personal Injury Attorney in Alaska. Call us today to learn more about how we can help you recover compensation for your car accident injuries.
