Alaska is an at-fault state, meaning motorists, including truck drivers, who cause collisions are responsible for rectifying resultant harm. An injured person typically submits a reimbursement claim to the at-fault driver’s insurer directly–or through their own insurance company, which will collect funds via a process called subrogation–to receive payouts.
There are circumstances where your injuries following a truck accident may be better remedied by a lawsuit. Suing an at-fault truck driver does not automatically commit you to a lengthy path terminating in a jury trial. Filing suit can make an at-fault truck driver more inclined to resolve the matter by way of settlement negotiation.
Libbey Law has skilled litigators who have sharp legal minds and recognize the importance of trust in the attorney-client relationship. We pride ourselves on prioritizing responsiveness to our clients, giving status updates, and answering your questions whenever you need us.
Alaska requires all motor vehicle owners to carry automobile liability insurance. However, the law prescribes different financial responsibility rules for trucks based on whether or not they are commercial in nature.
For personal-use trucks, owners must have motor vehicle liability policies with at least $50,000 to protect against claims of bodily injury or death for a single person and $100,000 for bodily injuries or death for two or more people. Policies held by personal-use truck owners must insure the policyholder against claims of property damage in the amount of $25,000 per accident.
Owners and lawful operators of commercial motor vehicles must procure and maintain security in the form of an insurance policy or other instrument approved by the Alaska Department of Transportation and Public Facilities. Minimum coverage for commercial trucks, per incident, allots $500,000 for bodily injuries or death and $200,000 for damage to property.
Suing an at-fault truck driver gives you the opportunity to recover economic damages that properly address your losses. After a collision with a personal-use or commercial truck, you may suffer damages in excess of the insurance coverage maintained by the truck driver. For example, your medical bills could surpass the at-fault truck driver’s lawful minimum coverage for bodily injuries.
A lawsuit also allows you to pursue intangible, non-economic damages, such as pain and suffering that interferes with daily activities, loss of enjoyment in life, permanent disfigurement, and other qualitative harms. These non-monetary damages are capped in accordance with Alaska Statutes § 09.17.010. Additionally, you can pursue punitive damages if the defendant-driver’s conduct under scrutiny is indicative of malice or recklessness.
At Libbey Law, our lawyers are here to counsel you on the benefits and drawbacks of suing a truck driver for your injuries in the aftermath of a wreck. The filing of a complaint sets litigation into motion, but we look at every angle of the law and facts applicable to your case to give you the best advice on whether to file.
That said, we respect your decision-making. When you talk, we listen. Reach out to Libbey Law so we can review your case and assure you that if you do choose to go to court, you are not obligated to pay us unless you recover monetarily.
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Our attorneys have a strong record of results. We have recovered millions of dollars on behalf of injured Alaskans and handle each case with a high level of commitment and professionalism.
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