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Rich Nielsen Dies In Motorcycle Wreck. Here's The Law...

By Ward Merdes

Sadly, yet another Alaskan motorcyclist was killed. Rich Nielsen, 62, died in a motorcycle wreck that took place near Beaver Creek in BC. It is reported that a female oncoming driver swerved into Mr. Nielsen's lane, forcing his motorcycle off the road. Nielsen died at the scene.

This has been a really bad year for motorists. Way too many folks are dying on our roads. It seems that we awaken each day to reports of fallen Alaskan motorists. Worst of all, when a man like Nielsen goes down - a man who by all accounts was a genuinely decent guy - there is no way to feel better about it. It just stinks all-the-way-around.

At the same time, when the Nielsen family is back on its feet, it needs to know the following law so that insurance companies don't take advantage:

1. It's illegal to cross the center-line. The on-coming woman who did so, even though she was "trying to avoid an object in the road" - had no right to enter Mr. Nielsen's lane. By entering Mr. Nielsen's lane, the on-coming driver was 100% at fault. The other driver's insurance company is on the hook to square up (as much as you can in these circumstances) with the Nielsen family. If the other driver was Alaskan (likely since this wreck happened very near the Alaska/Canada border), Alaskan law may apply.

13 AAC 02.085(a) provides that a vehicle must stay in its own lane unless it is safe to leave that lane:

(a) A vehicle must be driven as nearly as practicable within a single lane, and may not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

Furthermore, 13 AAC 02.060 provides that vehicles may not be driven left of the center lane:

(a) A vehicle may not be driven on the left side of a roadway under the following conditions:

(1) when approaching within 500 feet of the crest of a grade or a curve in a highway where the driver's view is obstructed for a distance which creates a hazard if another vehicle is approaching from the opposite direction;

2. The Nielsen family should also be aware of AS 09.55.580, our wrongful death statute. If Mr. Nielsen had a "dependent" - a spouse, financially dependent child, etc. then his estate may bring a full claim for wrongful death. Even without a dependent, a smaller claim may be brought. Though it is little solace when a person is dead, at least Alaskan law allows for the decedent's family to assert claims.

3. Alaska has mandatory automobile liability insurance of at least $50K. Most folks buy substantially more. Once the Nielsen family is emotionally stable, it should consider bringing a wrongful death claim.Just write a nice letter to the other driver's insurance company, cite the above laws, and ask for a "certified copy of __________ (the other driver)'s Declaration Sheet." When you get it, write a nice, second, letter, request "Full Policy Limits" - along with costs, interest and statutory attorney fees. They might balk at paying the statutory attorney fees unless you actually hire an attorney - but some insurers pay anyway in situations like this;

4. Also file a claim with Mr. Nielsen's OWN insurer(s). Whatever insurer covered his motorcycle should be contacted and a WRITTEN claim mailed to them. Whatever other insurers covered Mr. Nielsen - for all other vehicles - should likewise be sent claims. This can be tricky. You might want to contact a lawyer to help you with this part;

5. If the other driver was acting within the "course and scope" of her employment, be sure to file a claim with her employer; and

6. Note that the Statute of Limitations for personal injury and death in Alaska is but two years. Time is not critical . for now. Just don't delay. I strongly recommend that you take action soon.Folks who delay tend to forget. Don't fall into that trap.

And yes, I recommend that you call a lawyer to help you. Suck it up and do it as soon as you are able.

And please, DO NOT call me. I'm happy to provide this commentary. It is solid and good advice under Alaskan law. I hope it helps the Nielson family. At the same time, I'm tired of being flamed, or called an "Ambulance Chaser" because I write these pieces. Instead, please go to the Alaska Bar Association Lawyer Referral Service, or the American Association for Justice (AAJ), or the National Board of Trial Advocacy (NBTA) [Disclaimer: I'm the Alaska State Chairman of the NBTA] to find a qualified person injury attorney who will help you through this nightmare.

Having lost a brother in a car crash, I know this situation really stinks. We wish the Nielsen family well.

DRIVE CAREFULLY OUT THERE ... AND SLOW DOWN

Originally posted at InjuryBoard by Ward Merdes

Full post as published by Fairbanks Alaska Statewide Personal Injury Lawyers on May 30, 2008 (boomark / email).