Anchorage Drunk Driving Accident Lawyers

What counts as impaired driving in Alaska?

In Alaska, a person commits the crime of driving under the influence by driving while under the influence of alcohol, an inhalant, or a controlled substance, alone or in combination (AS 28.35.030(a)(1)). A chemical test taken within four hours of driving that shows 0.08 percent or more alcohol is also enough. Id. (a)(2).

The same law covers people operating boats and aircraft. Id. (a). Impairment from drugs counts as well as impairment from alcohol.

How is your civil case different from the criminal case?

The state brings the criminal case against the driver. You bring the civil case to recover your own losses. The two cases move on different tracks, and you do not need a conviction to bring a civil claim.

If the driver is convicted, the criminal court must order restitution to the victim when presented with credible evidence, unless the victim declines it (AS 12.55.045(a)). A restitution order does not limit the driver's civil liability. Id. (b).

Who can be held responsible?

• The impaired driver. The driver is responsible for the harm the driving caused.
• A bar, restaurant, or liquor store. A licensed business can be held liable if it provided alcohol to a person under 21 or to a drunken person in violation of state law (AS 04.21.020(a)).
• A person who supplied alcohol to someone under 21. A person who knowingly furnishes alcohol to someone under 21 in violation of state law can be liable for the harm that follows. Id. (d).

Alaska law otherwise limits claims against people who serve alcohol. A private host who serves an adult guest generally cannot be held liable for injuries caused by the guest's intoxication. Id. (a).

Can you recover your attorney's fees?

In most Alaska cases, the winning side recovers only part of its attorney's fees (Alaska Civil Rule 82). Victims of certain serious crimes can recover more. A person injured by the commission of a serious criminal offense, or the estate of a person killed, may recover full reasonable attorney's fees from the offender (AS 09.60.070(a)).

Drunk and impaired driving is on the list of serious criminal offenses. So is any other crime that results from driving a vehicle, boat, or airplane while under the influence. Id. (c)(14).

There is a limit. When an insurance policy pays the fee award, the insurer owes only the partial amount set by Civil Rule 82(b)(1). Id. (b). See how our fees work.

Are punitive damages available?

A jury may award punitive damages only if clear and convincing evidence shows the defendant's conduct was outrageous or showed reckless indifference to the interests of another person (AS 09.17.020(b)). Whether a case meets that standard depends on the facts.

Punitive damages are generally capped at the greater of three times the compensatory damages or $500,000. Id. (f). Half of any punitive damages award goes to the State of Alaska. Id. (j).

What other help is available?

The Alaska Violent Crimes Compensation Board may pay compensation for injury or death caused by a drunk or impaired driver (AS 18.67.101(2)(J)). The board has its own application process. You can learn more from the Violent Crimes Compensation Board.

Your own auto policy may also help. Alaska policies must include uninsured and underinsured motorist coverage unless the policyholder rejected it in writing (AS 28.22.101(e); AS 28.22.201(a)(3)). This coverage can pay when the impaired driver has no insurance or too little. We review every policy that may apply.

What evidence matters?

• The police report and any arrest records.
• Breath or blood test results.
• Receipts, tabs, and video from any bar or store that served the driver.
• Video from nearby businesses, traffic cameras, and doorbell cameras, which is often recorded over within days.
• Names and statements of witnesses, and any 911 calls.
• Your medical records, from the first visit forward.

Which Alaska rules affect an injury claim?

• Filing deadline. Most Alaska injury claims must be filed within two years (AS 09.10.070). Some claims follow different rules, so call early.
• Shared fault. If you share some of the fault, your recovery is reduced by your percentage. Partial fault does not bar the claim (AS 09.17.060).
• Damages caps. Alaska limits non-economic damages, such as pain and suffering, in most injury cases. The statute does not limit medical bills or lost earnings (AS 09.17.010).
• Fee shifting. The winning party in an Alaska lawsuit can usually recover part of its attorney's fees from the losing party (Alaska Civil Rule 82).

We handle most injury cases on a contingency fee. No attorney's fee unless we recover for you. Clients may be responsible for case costs, and under Alaska law a losing party may be ordered to pay part of the other side's attorney's fees and costs. See how our fees work and our guide to Alaska injury law basics.

Frequently asked questions

Sources

• AS 28.35.030 (driving under the influence).
• AS 12.55.045 (restitution).
• AS 04.21.020 (civil liability of persons providing alcohol).
• AS 09.60.070 (attorney's fees for victims of serious criminal offenses).
• AS 09.17.020 (punitive damages).
• AS 18.67.101 (violent crimes compensation).
• AS 28.22.101 and AS 28.22.201 (uninsured and underinsured motorist coverage).
• AS 09.10.070 (two-year limit for most injury claims).
• AS 09.17.060 (comparative fault).
• AS 09.17.010 (limits on non-economic damages).
• Alaska Civil Rule 82 (attorney's fees).

This page gives general information, not legal advice for your situation.