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Author: Keenan Powell

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Chilkoot Charlies is being sued for serving an intoxicated person, who then drove drunk and killed someone:

http://www.ktuu.com/news/news/family-sues-chilkoot-charlies-after-womans-death-in-dui-crash/-/21043658/23813320/-/e40astz/-/index.html

Not surprisingly, Chilkoot Charlies, which makes a fortune from serving intoxicated people, refuses to accept responsibility for the natural consequences of doing so.  It will be up to a jury to decide whether the bar can reap the benefits of its profitable industry without sharing in the responsibility.

Keenan Powell has more than 30 years experience representing injured Alaskans in Anchorage and the Valley. For a free consultation, fill out the contact form or call 907 258 7663.

 

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One commenter on the KTUU story is wondering why details regarding the recent tragic loss of a cyclist have not been made public:  http://www.ktuu.com/news/news/city-streets-an-urban-hazard-for-anchorage-cyclists/-/21043658/23765170/-/ub3nfmz/-/index.html.

The reason is Anchorage Police Department does not release details of an investigation until after a decision has been made about prosecution.  If APD determines that the vehicle driver was in the wrong, then he or she could well be facing vehicular manslaughter charges, a homicide.  It will probably be several  weeks before the decision is made.  APD has probably interviewed all of the witnesses, inspected the car and bicycle and possibly taking blood tests of both the victim and the driver.  When the investigation is completed, APD will meet with the District Attorney's Office and the DA will decide whether to press charges.  If the DA prosecutes, it will alert the media.

Meanwhile, despite some mean-spirited comments on the KTUU site, cyclists are entitled under the law to use the streets as well as vehicles.  And vehicles under the law have a duty to keep a proper lookout.  And there is no duty under the law which requires users of the roads to proceed at the speed limit.

In fact,  the speed limit posted is the maximum speed limit for  good conditions.  Many, many people are receive tickets for driving less than the speed limit when road conditions are bad.  And, in turn, these people can be held liable for causing injuries or death to another if they exceeded a safe speed for the conditions.

Another issue in cyclist safety is the "right hand hook".  Many drivers fail to stop before turning right, fail to look both ways to ensure the traffic is clear.  Many drivers, if they do stop, roll past the white line designated for a stop and roll past the stop sign when they do stop.  That is the reason so many people ride in the street rather than sidewalks so that they can see the "rolling stops" from a distance.

For a complete list of the applicable laws, see http://www.muni.org/Departments/OCPD/Planning/AMATS/Documents.  Search for the Adopted Bicycle Plan Appendices.

If you are riding your bike and are injured in a collision with a vehicle, call a personal injury attorney.  Contact Keenan Powell: keenan@keenanpowell.com, (907) 258-7663.

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SettersphotoWhen you're in a car accident, the second thing you need to do (after reporting the accident) is to see a doctor. Many people feel fine immediately after an accident only to learn in the coming hours and days that they were indeed injured.   It's typical to feel beaten up with strain/sprain injuries (also known as "whiplash") and it is common for  injured persons to suffer pain and stiffness for weeks or longer after an accident.  A medical doctor can prescribe anti-inflammatories, muscle relaxants and/or physical therapy that will speed recovery.  If your injury persists, you need to go back to the doctor for further evaluation (MRI, X-ray etc) to determine whether you suffered a more serious injury.

Many people ask whether the value of their settlement is determined by the costs of medical treatment.  The answer is: sometimes.  Many people have heard an urban myth that their settlement is worth three times their medical bills, so they treat unnecessarily to drive up the cost of the settlement.  Insurance adjusters see through that.  They've heard the same urban myths.

The only legitimate reason to obtain treatment for an injury is because you need it to either recover from the injury or to alleviate pain or disability.  Obtain the treatment that you need and only the treatment that you need and worry about the settlement later.

For more information, visit FAQ page at  keenanpowell.com: http://keenanpowell.com/faq-mva.html.

Keenan Powell has more than 30 years experience representing injured Alaskans in Anchorage and the Valley. For a free consultation, fill out the contact form or call 907 258 7663.

 

 

 

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A bicyclist was killed today crossing Northern Lights at 2:30 in the afternoon.  http://www.ktuu.com/news/news/cyclist-dies-after-getting-hit-crossing-midtown-intersection/-/21043658/23747610/-/7ilv1k/-/index.html

Everyone who uses the roads needs to be sensitive to the presence of cyclists.  The  cyclists need to be aware of their surroundings and avoid risk taking.  Vehicle drivers need to remember that cyclists, as well as pedestrians and wildlife, are entitled  to the use of roads and will at times get in the way.  Depending on the circumstances, the driver could well be legally responsible if he strikes a cyclist and, more importantly, will live with the consequence of his actions for the rest of his life. If you don't care about the well being of other people on the road, then you should consider how the a tragic accident will impact the life of the negligent driver.  Possible criminal charges, jail, attorneys fees,  fines, loss of driving privileges are just the beginning.

For a complete list of the applicable laws, see http://www.muni.org/Departments/OCPD/Planning/AMATS/Documents.  Search for the Adopted Bicycle Plan Appendices.

If you are riding your bike and are injured in a collision with a vehicle, call a personal injury attorney.  Contact Keenan Powell: keenan@keenanpowell.com, (907) 258-7663.

 

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gavel-booksFor many years, I have been proud of my role as a trial attorney in making a difference in people's lives.  I have helped people overcome tragedy and I have helped people begin new lives.  I have helped people obtain the medical care that they need and money to pay their bills when someone harmed them.  I have held the police responsible for police brutality and for injuring innocent bystanders.  I have held the State responsible for allowing children entrusted to its care to be abused and, on one occasion, murdered.  I have held a hospital responsible for its malpractice resulting in a death.  And I am not alone.

I am proud, as well, of my association with the Alaska Association of Justice and the American Association of Justice.  The Alaska Association of Justice is an organization of trial attorneys, like me, who endeavor to make a difference in people's lives.  For more information about AAJ, see: https://www.alaskajustice.org/index.cfm.

The American Association for Justice is likewise an organization of trial attorneys who endeavor to make a difference.  Some of the cases in which these attorneys have been involved include holding Firestone responsible for bad tires which resulted in its redesign, holding Jeep responsible for bad design in early Wranglers that caused them to roll, holding pharmaceutical companies responsible for selling drugs which they knew were dangerous, and holding toy manufacturers responsible for selling dangerous toys.  When you hear about a big verdict or settlement against a corporation, you can be assured that the corporation has the incentive to change its product. Time and again, products have been designed to be more safe because a manufacturer was sued by a trial lawyer.  For more information about the American Association of Justice, see: http://www.justice.org/cps/rde/xchg/justice/hs.xsl/16.htm.

Keenan Powell has more than 30 years experience representing injured Alaskans in Anchorage and the Valley. For a free consultation, fill out the contact form or call 907 258 7663.

 

 

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Television news is reporting a case of a young woman, Nancy Means, who last month sued the Municipality of Anchorage for false arrest.  It is reported that in 2011, her car broke down and a Anchorage Police officer pulled over.  He asked her name and to see her drivers license, which he is entitled to do and then he asked for her telephone  number.  She refused to give him her telephone number and was arrested for DWI although later tests proved that she didn't have any alcohol in her system.  The charges were dropped after she hired an attorney.

The municipal code, specifically AMC 08.30.020A states that it is unlawful to provide a false name, address, drivers license or date of birth or any other false information necessary to the proper issuance of a citation or complaint.  AMC 08.30.010 makes it unlawful to resist arrest by in order to resist an arrest, there must have been some other crime  committed.

Although the police routinely ask for them for their reports but it is not required by law, there is no specific language in the Municipal Code requiring a person to give their telephone numbers to the police. Given the recent history with APD, specifically the many years during which it turned a blind eye to Officer Anthony Rollins sexual harassment and assaults of women he arrested, the jury may well find the APD officer who asked an 18 year old woman for her number and then arrested her on a bogus charge of DWI was out of line.  APD has something to worry about.

Keenan Powell has more than 30 years experience representing injured Alaskans in Anchorage and the Valley. For a free consultation, fill out the contact form or call 907 258 7663.

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When you’re off work as result of a work-related injury, you receive Temporary Total Disability (TTD) which is about 80% of what your net. The exact figure, known as your “compensation rate”, is determined by looking at the two years before you were injured, picking the best of those two years and then applying a formula that was developed by the Workers Compensation Board.

Most workers feel that the amount they receive is unfair because it is not as much as they were bringing home and most people need every dime they earn to pay the bills. The Board’s justification for the ruling is that it is equally unfair to everyone and no one should be singled out for particularly unfair treatment.

You can seek to have your TTD increased if the amount is incorrect or if when it was calculated it failed to take into consideration a second income or benefits. As a rule, most people’s income will be determined by their net wages earned in the two years before the injury.

The formula is adjusted every year so every year there is a new bulletin published setting out the compensation rates. To access the bulletins, visit the Workers Compensation Board’s website: http://labor.state.ak.us/wc/bulletins.htm.

If you have any questions regarding your case, the Law Office of Keenan Powell provides free consultations regardless of whether or not you have been controverted. To contact Keenan Powell, use the contact form on this page or call 258-7663.

For more information about Workers Compensation, see: http://www.keenanpowell.com/faq-wc.html.

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The State of Alaska Division of Workers Compensation released 2012 Annual Report: http://labor.alaska.gov/wc/forms/2012AR.pdf.

It shows that the insurance companies are paying their attorneys more than they were paid in 2011.  The insurance defense attorneys received 10.3 million dollars in 2012.  Doctors were paid more too: 176 million dollars in 2012.  But employee's disability benefits (temporary total disability, temporary partial disability, permanent partial impairment, permanent total disability), that amount went down 2.5% despite the fact that compensation rates were raised (See Bulletins 10-04 and 11-06 at the Board's website).

That means fewer employees are getting less money while defense attorneys and doctors are getting paid more.  In the words of Father Guido Sarducci, "Coincidenza?"