A boating accident can be every bit as dangerous as a car crash. A boating accident can be even scarier because there is the possibility of drowning. Like car accidents, you may have the right to compensation if someone’s negligence injures you in a boating accident. Taking certain actions after a boat accident is important to protect all legal options.

Talk to a boating accident attorney today if you have questions about a potential case. They can tell you in a free consultation if you can receive compensation in a lawsuit.

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Why Are Boating Accidents So Hazardous?

Boating accidents can lead to severe and fatal injuries because of the non-standard environment where they happen. Unlike motor vehicle crashes, boat accident victims can drown or be stranded miles from medical assistance. The unknown nature of currents and weather can worsen a boating mishap, and being rescued and recovered isn’t easy.

Also, boating accident injuries can be more severe than car accidents. Why? Car crashes are dangerous, but at least most vehicle occupants wear seatbelts, which greatly increases the chance of survival. Boaters seldom have any physical restraints. During a boat accident, boat occupants can slam into hard surfaces, such as metal, glass, and plastic. They can also be ejected from the boat at high speed, at high risk of drowning or hitting a foreign object in the water.

Accident victims also may become hypothermic from cold water, which requires immediate medical care to avoid death. These factors make boating accidents extremely hazardous.

Why Do Boat Accidents Happen?

Like car accidents, boat accidents are usually due to various types of human error. The boat pilot in their boat causes some boat accident injuries, while others are caused by pilot error in another vessel. Common reasons for boating accidents are:

  • Lack of operator experience: Many boat crashes happen because the operator isn’t trained and experienced. Some boaters believe that the open nature of water means little training is needed to stay safe—this is untrue. Handling a boat safely requires specific skills and training that differ from those needed to drive a motor vehicle. Inexperienced operators often don’t understand how to react to changing maritime conditions, and accidents happen.
  • Speeding: Speeding on open water is a major reason for serious accidents. High speeds make it hard to slow down quickly; boats don’t have brakes that allow for fast stops. A high-speed boat also has more difficulty taking evasive action without the risk of capsizing.
  • Alcohol: Drinking while operating a watercraft is illegal and extremely dangerous. Alcohol affects one’s judgment and reaction times, which you need to stay safe. A drunk boat operator can be criminally charged and sued for damages by injured passengers.
  • Boat failure: Boats that aren’t repaired and maintained often can malfunction and cause an accident. Common problems with boat equipment include engines, navigation equipment, and various structural failures that can cause deadly accidents.
  • Poor weather: Many rookie boat pilots must pay more attention to weather changes. The weather can change fast on a large body of water, and many are surprised by strong winds and storms.

Your Legal Rights After A Boating Accident

After a car accident caused by another driver, you have the right to compensation for your losses. You also have the right to compensation after a boating accident if someone’s negligence caused your injuries. These include medical bills, future medical care, current and future lost earnings, lost earning capacity for a significant injury, and pain and suffering.

Types Of Boating Accidents And Compensation

Various scenarios in boating accidents can lead to compensation. Some accidents are single-vessel accidents in which the boat operator is at fault and liable for any injuries in their boat. Others involve two or more boats in which another operator or operator can be at fault for injuries:

  • Collision with another vessel: You are piloting a boat on the lake, and another boat moves quickly toward you and hits your vessel. These can be severe or fatal accidents and usually happen when one or both operators aren’t paying close attention to their surroundings. A boat accident attorney will examine the accident and applicable maritime law to understand who had the right of way.
  • Flooding or swamping: This boating accident occurs when a boat fills with water but still can float. This accident is dangerous because it can eventually lead to sinking, especially in bad weather. The boat operator can be found liable for causing the accident because of reckless maneuvering of the boat or improper maintenance.
  • Hitting a fixed object: Many single-boat accidents happen when the pilot slams into a rock, tree, or dock at high speed. The crash can cause the boat to be swamped or sink, and passengers can be flung from the vessel and seriously injured or drowned.
  • Going overboard: Any boat occupant can go overboard at any time if they are not paying attention. People may fall into the water when the boat is in motion because they aren’t holding on. The operator must ensure that all boat passengers are wearing approved life vests.
  • Capsizing: When turned over in the water, a boat capsizes and stays that way. The boat may sink slowly over several minutes or hours. Boats capsize because of heavy waves, too many passengers, and unsafe speeds and turns.

Retain a boat accident lawyer immediately if you have suffered an injury in any boat accident. They can review the accident and tell you how you can be compensated for your losses. This usually involves the injured person filing a claim on their operator’s or the other boat operator’s insurance, depending on the fault.

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What To Do After A Boating Accident

After a boating accident, you must check everyone for injuries and ensure everyone is accounted for. The police or Coast Guard should arrive at the scene, but depending on your location, it can take minutes or hours. If the boating accident involves another vessel, you must check them for injuries and obtain the operator’s insurance information.

After you return to shore, you should get medical attention for injured people. The sooner you receive medical care, the easier it is to claim compensation in a lawsuit later. Any delay in seeking medical care will cause insurance adjusters to question your injuries. You also should report any accidents to your boating insurance provider if you were the operator.

Call A Personal Injury Attorney

It’s always best to call a personal injury attorney who often deals with boating accidents. The attorney can deal with your or other party’s insurance provider and safeguard your rights. Your attorney will also gather the correct documents for a claim.

Your attorney knows how complex maritime law is and can apply it to your case. They will review accident liability evidence, deal with the insurance companies, and ensure your claim is filed correctly. Your lawyer also will negotiate with the insurance company for a fair settlement of your losses. Your attorney can analyze the evidence of the accident to determine who is most likely to blame. Important evidence to prove boat accident fault may include:

  • Surveillance video, if available
  • Photos and videos of the damaged boats
  • Photos and videos of the area where the accident happened (including land masses, docks, and any objects in the water)
  • Witness statements
  • Police reports
  • Accident reconstruction expert testimony

If another boater caused the accident, your attorney will attempt to prove they violated their duty of care and caused the accident and your injuries. Once this is done, your boating accident attorney can demand compensation from the appropriate insurance company.

Talk To The Insurance Companies

After getting medical and legal assistance, you will need to deal with your and the other party’s insurance provider (if another vessel was involved). Be honest with your insurance company about how you think the accident happened and who was at fault. Use care if you speak to the other boater’s insurance company because they’ll want to use anything you say against you. Having your personal injury attorney handle the other person’s insurance adjuster may be best.

Stick To Your Doctor’s Treatment Plan

Assuming you suffered an injury in the boating accident, you should stick to your doctor’s instructions for treatment. Go to every appointment and make up any that you miss. Not following your doctor’s treatment plan can prevent you from maximizing compensation.

What Is A Boating Accident Claim Worth?

Boat accident claims can be worth thousands or millions, depending on whether there were serious injuries or deaths. Like auto accidents, boat accident claim values vary according to these factors:

  • Injury severity: People with more severe injuries get more in their settlement. For example, if you partially drowned and have brain damage, you can receive substantial compensation for your injuries and other losses. A fractured wrist that happened when you were flung in the crash would be worth less because the injury will heal faster.
  • Medical expenses: Severe boat injuries require more medical care. A brain injury related to asphyxia after a boat accident may require you to receive months or years of treatments for your injury. You may also need rehabilitation, physical therapy, modifications to your home, and assistive medical equipment, all of which drive up the settlement amount.
  • Lost earnings: A severe boating injury can leave you unable to work, so you would receive compensation for lost earning capacity. On the other hand, a broken wrist can mean a few weeks of lost earnings.
  • Property damage: The claim’s value will rise if someone’s negligence caused the accident and totaled the boat.
  • Liability: Who is responsible for the accident? The case size is higher if the fault is clearly on the other party.
  • Amount of insurance: Only some boat operators maintain much insurance coverage. You may only be able to recover the amount of coverage on the policy, regardless of your damages.
  • Death: If someone died in the accident, your wrongful death attorney can provide you with an approximate case value. You can receive more compensation because you lost a loved one. Possible forms of payment include for the deceased’s pain and suffering, your mental and emotional anguish, lost income and inheritance, and loss of care, support, and services.

Your boating accident attorney knows maritime and personal injury law and can provide a rough case value. The value at the end of the case also depends on whether you settle or go to trial.

How Long Will A Boat Accident Claim Take?

Every case has a different settlement or court verdict timeline. Your boating accident attorney cannot say when the case will be resolved. But these factors affect the timeline:

  • The time it takes the attorneys, insurance companies, and police to investigate the boating accident.
  • How long it takes to collect and evaluate the available evidence.
  • How long it takes to negotiate a settlement can be influenced by the number of injured parties, boat operators, and insurance policies involved. The longer it takes, the more people and insurance policies are involved. In a four-boat accident, it can take months for the various insurance companies to determine who was liable and to what degree.
  • Whether the case goes to trial: Settlements are most common in personal injury claims because they take less time and are less expensive than court cases. A contentious case can lead to a court trial, extending the resolution by a year or more.

Regardless of the timeline, an experienced boat accident lawyer will keep you up to date on settlement negotiations.

Speak To A Boat Accident Attorney Today

Did you suffer injuries in a boating accident, or did your loved one pass away in the accident? You can be entitled to compensation in a boat accident or wrongful death lawsuit. A boat accident attorney can review your case today and determine if someone’s negligence caused the accident.

If successful, you may receive compensation for your pain and suffering, lost earnings, medical expenses, and more. A boat accident lawyer doesn’t charge fees upfront, so you only pay at the end of the case.

Schedule a Free Initial Consultation Today!