How Do Lawsuits Against DUI Drivers in Alaska Work?

If you have been injured in a DUI accident in Alaska, you should learn the process of seeking compensation so you can know what legal options you have and how to pursue justice.

What You Need to Know in Preparation for Your Case

You want to learn specific steps to filing personal injury claims in Alaska if seeking compensation after a DUI. Filing a lawsuit means you want to prove the defendant’s negligence and the risk they pose to others’ safety.

DUI drivers in Alaska must face criminal and civil consequences under the law. If you are the injured party, you must prove that the defendant’s actions directly caused your harm.

Proving the Defendant’s Negligence

Alaska law requires establishing negligence in civil cases by proving four core elements. These elements form the basis of your claim, demonstrating how the defendant’s actions impacted your life:

1. Duty of Care Existed: Alaska law requires drivers to drive responsibly, obey traffic laws, avoid driving while impaired, etc. There is a duty to protect everyone on the road from possible harm.
2. Breach of Duty Occurred: This duty of care is violated when a driver operates the vehicle while intoxicated. Impaired driving could show erratic behavior that increases accident risk. In this case, police reports, witness testimony, or even video footage can prove the defendant was impaired.
3. The Defendant’s Breach of Duty Caused the Accident: You will have to prove that the DUI driver’s actions caused the accident and your injuries. Causation may be established through expert testimonies, accident reconstruction reports, and video footage showing just how the intoxicated driver’s actions led to the collision.
4. You Suffered Damages from the Accident: Thirdly, you must present evidence of the damages suffered. Often, you will document medical expenses, therapy costs, vehicle repair bills, and any loss of earnings you’ve experienced due to theaccident a drunk driver in Anchorage

Compensation for Damages

DUI accident victims in an Alaska civil lawsuit can recover different damages. Each type addresses various aspects of your losses:

• Medical Expenses: Often, emergency medical care, surgeries, and ongoing treatments become expensive. The courts consider these costs to allow you to recoup expenses incurred in your physical recovery.
• Car Damages: Repairing or replacing a vehicle can cost a lot. These costs are critical to getting your property losses back from the accident.
• Physical Therapy After Treatment: Injuries from DUI accidents often leave you with permanent injuries that require ongoing physical therapy. Your damages usually include this expense, so you have the necessary care.
• Extended Care After the Accident: If you need support beyond immediate medical treatment, your compensation will include long-term care, which may be severe injuries.
• Loss of Wages and Earning Capacity: You can also claim lost wages if the accident prevents you from working for a short time or permanently, as well as future income. To demonstrate this loss, you need to prove past earnings and, in some cases, expert testimony on future earning potential.

Proving Negligence ‘Per Se’

Alaska provides an alternative approach to DUI cases, called negligence per se. It applies when a driver’s action is as clear as violating a statute to protect public safety.

This approach is often more straightforward in DUI cases because it is to prove the defendant’s statutory violation.

1. Driving While Exceeding the BAC Level as a Commercial Driver: Commercial drivers are required not to surpass a BAC threshold of 0.04%. Their responsibility for passenger and cargo safety means they must meet higher legal standards, and this reduced limit reflects that.
2. Drunk Driving as an Underage Person: In Alaska, there is a zero-tolerance policy for underage drivers. A violation of state law, any detectable BAC level in an underage driver, will serve as a basis for negligence per se.
3. Driving While Using Drugs: Both alcohol and drugs are covered under Alaska DUI laws. Alaska’s strict regulations on driving under drug influence make this a violation in addition to a negligence per se claim if the driver’s impairment was the result of drug use.

This doctrine helps streamline your case by reducing the necessity of proving a breach of duty. A more straightforward route to liability is demonstrated where the defendant has shown that he violated a statute, which automatically presumes a duty breach.

A DUI accident can change your life. Contact a highly experienced Los Angeles attorney to evaluate your legal options and seek the justice you deserve.

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