If you’ve been involved in a car accident in Anchorage, one of the most important questions that will come up is: Who was at fault? While determining fault is crucial in every personal injury claim, Alaska’s unique approach to handling shared blame—known as pure comparative fault—can significantly impact the compensation you receive.
Understanding how this law works is essential for anyone pursuing a car accident claim in Anchorage or anywhere in Alaska. Whether you’re partially responsible or believe the other driver was entirely at fault, here’s what you need to know.
What Is Comparative Fault?
Comparative fault (also called comparative negligence) is a legal principle used to assign responsibility when more than one party contributes to an accident.
Alaska uses a pure comparative fault system. This means that each party involved in a car accident is financially responsible for their share of the blame, no matter how small or large that percentage might be.
For example:
- If you’re found to be 30% at fault, you can still recover 70% of your total damages.
- Even if you’re 99% at fault, you can still technically recover 1% of your damages.
This is different from many other states that use “modified comparative fault,” where you can only recover damages if you’re less than 50% at fault.
How Comparative Fault Works in Real Life
Let’s say you’re driving down the Glenn Highway during the winter and are rear-ended by another driver. At first glance, it seems like a classic case where the rear driver is at fault. However, if you were also driving without your headlights on in low visibility conditions, a portion of the blame may fall on you.
Here’s how it might break down:
- Total damages: $100,000
- You are found 20% at fault for not using headlights
- The other driver is 80% at fault for following too closely and speeding
Your compensation would be reduced by 20%, leaving you with $80,000.
Why This Matters in Anchorage
Alaska’s weather and road conditions often contribute to accidents. In Anchorage, icy roads, limited daylight during the winter months, wildlife crossings, and distracted drivers are common risk factors.
These complex scenarios make it more likely that multiple parties may share responsibility, especially when road conditions play a role.
Examples of shared fault situations in Anchorage might include:
- A driver speeding through an icy intersection, colliding with another who failed to yield
- A tourist unfamiliar with local roads making a dangerous turn, while you were texting behind the wheel
- A multi-vehicle pileup in winter fog where multiple drivers were following too closely
In each of these situations, your level of fault—however small—can reduce your compensation. This is why it’s so important to have an experienced accident lawyer who understands how to investigate, negotiate, and present your case clearly.
How Is Fault Determined?
Insurance adjusters, law enforcement officers, and sometimes courts will consider a variety of evidence to determine fault percentages. This may include:
- Police reports
- Eyewitness statements
- Traffic camera footage or dashcam video
- Photos from the accident scene
- Expert analysis (such as accident reconstruction)
In many cases, insurance companies try to shift more blame onto accident victims to reduce how much they have to pay. That’s where a knowledgeable car accident lawyer can step in and push back against unfair fault assessments.
How an Anchorage Car Accident Lawyer Can Help
Navigating Alaska’s comparative fault system can be challenging, especially if you’re recovering from injuries or dealing with aggressive insurance adjusters. Here’s how legal support can make a difference:
1. Protecting Your Rights
An attorney can prevent you from saying or signing anything that could be interpreted as admitting fault.
2. Building a Strong Case
Your lawyer will gather evidence, speak with witnesses, and work with experts to clearly establish fault and minimize your own share of the blame.
3. Maximizing Compensation
Even if you’re partially at fault, you still have the right to recover damages for medical bills, lost wages, property damage, and pain and suffering. A lawyer can fight to ensure you receive every dollar you’re entitled to.
4. Understanding Local Context
Anchorage attorneys understand the specific road conditions, traffic patterns, and even seasonal driving behaviors that can influence fault in an accident. This local knowledge is invaluable when building a persuasive claim.
Final Thoughts
Alaska’s comparative fault law is designed to be fair—but it can also complicate your claim if you don’t fully understand how it works. In Anchorage, where road conditions and weather often blur the lines of responsibility, it’s easy to find yourself facing reduced compensation due to shared fault.
If you’ve been injured in a car accident and think you might share some responsibility, don’t assume that you’re ineligible for compensation. You may still have a valid claim—and potentially recover significant damages.
The best move you can make? Talk to a legal professional who understands how Alaska’s laws work, and who can advocate for your best interests. Don’t leave money on the table—know your rights, and make sure you’re treated fairly. We recommend anchorage car accident lawyer.