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Alaska legislation may not help pedestrian accident victims

Pedestrians are often the ones who are most impacted if they are involved in a pedestrian accident with a motor vehicle of any type. They can be left with serious injuries or even dead if the collision is drastic enough. Negligence on the part of the driver is never an excusable reason for the injury of another human. Unfortunately, some legislation in Alaska could be working against pedestrians who are injured in a pedestrian accident.

The first problem for those seeking justice for a pedestrian who is injured or killed is that killing a pedestrian is not considered a criminal case, but a civil liability case. In one case where a pedestrian had been killed, the argument was made that running a red light was a civil problem, independent of the fact that a person was killed. The case was eventually dropped for the mere fact that Alaska does not have a statute that states what THC percentage makes an individual who is driving considered to be impaired.

The fact that there are very few consequences for running a red light is unsettling. This is similar to the way that both drunk driving and texting and driving were in the past. Hopefully, this will follow the same path and new consequences will be put into place to make Alaska a safer place.

Although the driver may not be found guilty for criminal charges, the victims of a pedestrian accident may still have the right to seek monetary compensation in a civil lawsuit. Injured victims in Alaska who feel that they have nowhere else to turn in their time of need may be able to research their rights under the law to pursue a civil case in order to get the compensation that they deserve. Hopefully, this will help those in this situation recuperate and return to their normal routine as soon as possible.

Source: Alaska Dispatch, Traffic laws won't change until lawmakers take them seriously, Craig Medred, Feb. 7, 2014

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