Best Motorcycle Accident Lawyer in Alaska: Rule 82 and Caps

Searching for the best motorcycle accident lawyer in Alaska returns pages of ads and "top 10" lists. This guide does not rank law firms, because no honest list can name one lawyer who is best for every case. Instead, it explains the Alaska rules that set it apart, especially fee shifting and the damages cap, and how to judge any lawyer you are thinking of hiring, so you can check each point yourself.

What Alaska law means for a motorcycle injury claim

The deadline to file is 2 years

Under Alaska Statute 09.10.070(a), a person may not bring an action for personal injury or death, or for injury to the rights of another not arising from a contract, unless it is commenced within 2 years of the accrual of the cause of action. A wrongful death claim under AS 09.55.580 is brought by the personal representative of the deceased and generally must be commenced within 2 years after the death. Special rules can change these dates, for example for injured children, so ask a lawyer about your exact situation.

Pure comparative fault

Under AS 09.17.060, a claimant's own fault reduces the amount awarded in proportion to that fault, but it does not bar recovery. That means an injured rider can recover something even if the jury finds the rider more than 50% at fault. As an illustration only, if damages are valued at $100,000 and a jury assigns you 30% of the fault, your recovery would be reduced to $70,000.

The cap on noneconomic damages

AS 09.17.010 limits noneconomic damages, such as pain and suffering, in most injury cases. The cap is the greater of $400,000 or the injured person's life expectancy in years multiplied by $8,000. For severe permanent physical impairment or severe disfigurement, the cap is the greater of $1,000,000 or life expectancy multiplied by $25,000. Economic damages, such as medical bills and lost income, are not capped.

Helmets

Alaska has a partial helmet law under AS 28.35.245. A person 18 or older who holds a motorcycle license or endorsement may not be required to wear a helmet. Riders under 18, passengers and people riding on an instruction permit must wear one. Even where a helmet was not required, a defendant may argue that going without one made a head injury worse, which could reduce damages under comparative fault.

Insurance

Alaska's mandatory liability insurance law requires at least $50,000 for injury or death to one person, $100,000 per accident and $25,000 for property damage. Insurance is not required in areas of Alaska where vehicle registration is not required, so the other driver may have no coverage. Alaska is not a no-fault state, and there is no PIP threshold to meet before you can sue. Check your own policy, including uninsured and underinsured motorist coverage.

Alaska's Rule 82: the fee-shifting rule

In most states each side pays its own lawyers. Alaska is unusual. Under Civil Rule 82, the prevailing party in a civil case is generally awarded part of its attorney's fees from the other side, using a schedule set in the rule.

• If the winner recovers a money judgment after a contested trial, the award is 20% of the first $25,000 and 10% of the amount above that.
• If the winner recovers no money judgment, the award is 30% of reasonable actual attorney's fees if the case went to trial and 20% if it was resolved without trial.

That works in your favor if you win, since the other side may owe part of your fees. It also means that if you lose, you could be ordered to pay part of the insurance company's lawyer fees. Rule 82 awards are separate from the fee agreement with your own lawyer and do not set what your lawyer charges you. Alaska's offer of judgment rule, Civil Rule 68, can also change who pays fees after a settlement offer is rejected.

How to pick the best motorcycle accident lawyer in Alaska

Confirm the license and discipline record

The Alaska Bar Association regulates lawyers. Grievances go to Bar Counsel, who investigates complaints and prosecutes formal charges under the Alaska Bar Rules. Before you sign anything, confirm that the lawyer is an active Alaska Bar member and check for public discipline.

Look for relevant experience

• Cases involving motorcycle crashes, not only car accidents.
• Experience with serious injuries and with the noneconomic damages cap, including the severe impairment exception.
• Clear advice about Rule 82 and Rule 68 risks.
• Willingness to take a case to trial if the insurer will not offer a fair settlement.
• Comfort with remote crashes, where evidence, witnesses and medical care may be far away.

Understand the fee agreement

Most injury lawyers work on a contingency fee. Under the Alaska Rules of Professional Conduct, a contingent fee agreement should be in a writing signed by the client that states how the fee is determined, including the percentages for settlement, trial and appeal, the expenses to be deducted, and whether expenses come out before or after the fee. Make sure the agreement answers these questions:

• What percentage is charged at each stage?
• Who pays case expenses, and are they deducted before or after the fee?
• What happens to the fee, and to any Rule 82 award, if you win or lose?

Questions to ask at the first consultation

• How many motorcycle cases have you handled, and how many went to trial?
• How would Rule 82 affect my case if I win and if I lose?
• Who will actually work on my case day to day?
• What is the deadline in my case?
• How often will you update me, and who do I contact with questions?

Red flags

• A promise or guarantee of a specific result.
• Pressure to sign right away, or no signed fee agreement.
• Unsolicited contact immediately after the crash.
• Badges and rankings you cannot verify. Check who awarded them and how.

What to do after a motorcycle crash in Alaska

• Get medical care promptly and describe every symptom, even ones that seem minor.
• Photograph the scene, your bike, your gear and your injuries.
• Save camera footage from a helmet cam, a dash cam or nearby businesses.
• Keep your helmet, jacket and damaged gear instead of throwing them away.
• Collect witness names and ask for the police report number.
• Be careful with recorded statements to the other driver's insurer until you have spoken with a lawyer.
• Write down your deadline and keep itemized bills and records.

Frequently asked questions