Liability for Motorcycle Crashes in Alaska

Liability for Motorcycle Crashes in Alaska.

Motorcycling is a fun and adventurous way to get around in Alaska — but it can also be a dangerous activity. While motorcyclists do not have the same protections as the occupants of motor vehicles, they can be subjected to catastrophic injuries in the event a collision occurs. If you suffered injuries in a motorcycle crash as a result of another’s negligence, you may be entitled to hold the at-fault party accountable by filing a personal injury action. However, liability can be complex and it's important to be able to identify who is legally responsible for your injuries.

Causes of Motorcycle Accidents

Although motorcycle riding is inherently hazardous, many motorcycle accidents occur due to the negligence, recklessness, or carelessness of others. Critically, even the most careful motorcyclists may be unable to avoid crashes that involve other drivers operating their vehicles negligently. Since motorcycles are smaller than other vehicles on the road, they can often be difficult to see in blind spots — other drivers on the road may also misjudge their distance and speed.

Other common causes of motorcycle accidents can include the following:

  • Road defects or hazards
  • Poor road design
  • Improperly marked intersections
  • Inefficient signage
  • Speeding vehicles
  • Unsafe lane changes
  • Driver negligence
  • Faulty motorcycle brakes
  • Mechanical problems with the motorcycle
  • Distracted drivers
  • Drunk driving
  • Another driver’s failure to yield

Even with a helmet and adequate protective gear, the injuries that result from a motorcycle crash can be serious and include traumatic brain injury, broken bones, internal bleeding, spinal cord trauma, nerve damage, disfigurement, and permanent disability. These types of injuries often require extensive medical treatment and time out of work. An injured motorcyclist may also incur substantial out-of-pocket expenses and experience a significant amount of pain and suffering as a result of their accident-related injuries.

Liability for Motorcycle Crashes

Regardless of how they were caused, motorcycle accidents can be serious. Depending on the facts and circumstances, there are a number of parties who could potentially be held liable for a motorcycle crash in Alaska. For instance, another driver may be to blame if the accident was caused by their speeding or inattention. A municipality might be accountable if it can be shown that the crash was the result of a road defect, poor maintenance of the roadway, or improper signage. A motorcycle manufacturer could be responsible in the event the collision was caused by a mechanical problem with the vehicle.

In some cases, more than one party might be named in a personal injury action, such as in the case of an improperly marked intersection — fault could be shared by both a municipality and a reckless driver in this instance. Additionally, if a third party caused the road hazard by spilling cargo from a truck or leaving an object in the road, a claim might be made against them.

Damages for Motorcycle Crashes

A wide variety of damages are available to motorcycle accident victims in Alaska who suffered injuries due to the negligence or recklessness of another. If another party should be held liable for the accident, the injured motorcyclist may be able to recover both their economic and non-economic damages. Economic damages are the monetary losses associated with a victim’s accident-related injuries and can include the following:

  • Unreimbursed medical expenses
  • Future medical expenses
  • Lost wages
  • Future lost earnings
  • Rehabilitation costs
  • Medication costs
  • Surgery costs
  • Property damage
  • Out-of-pocket costs related to medical expenses

Non-economic damages are much more difficult to quantify. Also referred to as “pain and suffering” damages, non-economic damages are meant to compensate a victim for the physical pain, mental anguish, loss of enjoyment of life, disfigurement, and inconvenience suffered due to the victim’s injuries. Importantly, Alaska limits the amount of non-economic damages that can be awarded in a personal injury matter. The cap is $400,000 or the accident victim’s life expectancy in years, multiplied by $8,000 — whichever is greater. In cases involving severe permanent physical impairment or severe disfigurement, the maximum amount of non-economic damages that can be awarded is the greater of $1,000,000 or the person’s life expectancy in years multiplied by $25,000.

In cases where the defendant’s conduct was particularly outrageous or egregious, punitive damages may be awarded to punish the defendant and deter others from engaging in similar behavior.

Contact an Experienced Alaska Personal Injury Attorney

If you suffered injuries in a motorcycle crash caused by someone else’s negligence, carelessness, or recklessness, you may be entitled to recover your damages in a personal injury action. However, establishing liability can be complicated, and it’s essential to have a knowledgeable personal injury attorney by your side who can help ensure you receive the justice you deserve.

Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, is committed to representing clients for a broad scope of personal injury matters. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.

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