When boat accidents occur, they tend to result in significant injuries and at a higher rate. On average, there is a fatality rate of 5.2 deaths per 100,000 registered boating vessels. According to the U.S. Coast Guard, in 2015, there were 4,158 accidents with 2,613 injuries. In order to be successful in a legal action, you will need to identify witnesses, preserve evidence, and speak with a reputable boat accident attorney. During the early stages of your claim, you can take preemptive steps to ensure it will be successful.
How to Start a Boat Accident Claim
When you are in a boating accident, the boat operator should immediately stop the boat at the collision scene and help the passengers. Otherwise, they open themselves up to additional liability. The following steps require the collection of information and evidence.
Collect Contact Information
You will need to get the name and address of the operator. Also, write down the vessel identification and registration number. Try to get information from everyone who was injured or was onboard. If they experienced similar injuries, they can make effective witnesses. If another company owns the boating vessel, you should collect their information as well as the operator’s.
Take Pictures
Preserving evidence is difficult on the water. Try to take pictures of the accident, the damage, injuries, and the other boat or obstacle your vessel collided with. If it was caused by a propeller, boating equipment, or other tools, include images of those items. Take pictures of your wounds, and with their permission, anyone else injured on board. According to Lipcon, Margulies & Winkleman, P.A., this will provide valuable visual evidence for your claim and help demonstrate the details of the accident.
Keep Other Evidence
If you bought a ticket, have a brochure, or have any other information discussing your purpose for being on the boat, keep it as evidence. You can include the cost of the amount of what you paid in your settlement. It also helps other parties verify the day and time that the boating accident occurred for greater accuracy. If you are an employee of the vessel, retain any employment records, pay stubs, or direct deposit statements.
Get Medical Help
Get your injuries checked out immediately, even if you only suffered minor bruises. Some injuries may become more apparent later. For example, soft tissue trauma can take days or up to a week for you to notice it’s there. A medical check-up will inform you of the nature of your wounds and will establish a baseline for your recovery. You may require physical therapy, prescription medication, surgery, and ongoing treatment. Follow your doctor’s regime and get the medical help you need. Any long-term healthcare costs will be added to the damages that are covered in your settlement. Your injuries may take away your ability to function to your full capacity. They may hamper you from going to work and performing simple tasks at home. You can also get a doctor’s note explaining how your injuries reduce your ability to earn income.
Document Damages
All of your damages, both economic and non-economic, should be included in your settlement. Your monetary damages will consist of property damage, medical bills, and wage loss. Your attorney will incorporate ongoing costs, projected income loss, and any other long-term damages you are currently experiencing. However, your non-economic damages will include things such as pain and suffering, physical pain, emotional anguish, depression, anxiety, PTSD, and other personal problems you may have encountered. Your boat accident lawyer will know how to represent these noneconomic damages as a monetary figure.
In a wrongful death case where your loved one drowned or was otherwise killed, your attorney can seek damages for loss of consortium, companionship, and future of income. Other items come with the death of a family member or loved one, such as the loss of service, mentorship, and other beneficial aspects of their relationship with you. You can speak with a boat accident lawyer to determine what else a wrongful death can entail for your settlement.
Speak With a Legal Representative
To start your boat accident claim, you can work with an effective personal injury lawyer who can help secure your compensation. They will provide the best chance at you receiving the settlement you deserve. Attorneys can negotiate on your behalf and contact the operator or owner of the boat, the witnesses, and the other party’s insurance company to obtain compensation. If the parties can’t agree on a settlement, your personal injury attorney will represent you in court. They will do all of the paperwork for you and take the burden of filing a claim off your shoulders while you focus on recovering from your injuries. Maritime law attorneys who handle boat accidents usually work on a contingency basis, which means you won’t pay out of pocket.
The Negotiation Phase
Your boat accident attorney will be working hard to obtain the settlement you deserve using their strong communication skills and knowledge of the law. After they present the evidence and present a settlement, the negotiation begins. This can take months or up to a year. It is entirely dependent upon the information you provide and how the other parties refute your claim. However, once you have all the documentation on hand, the expenses you suffered due to someone else’s mistakes can’t be ignored. Eventually, both you and the other party will come to terms with an agreement and finally settle.
Lawsuit When There’s No Negotiation
If the other party does not settle with you, your personal injury attorney will go to court. For various reasons, you may have to first attempt to resolve your dispute through mediation, or you may enter into binding arbitration in lieu of court. You should provide your lawyer with as much additional information and as much evidence if possible. Your attorney will do their best to fight for your claim, but ultimately, the jury will decide. The other parties will likely want to avoid this outcome and may settle at pre-trial.
Collect Your Settlement
If you receive compensation, the other party may be required to pay for the court costs. They must provide you a payment within a specific period. If a company or commercial boat caused the accident, then this likely won’t be the case. You should focus on your rehabilitation and recovery, take care of your medical bills, and manage your basic needs. If you don’t get paid time off or have a disability that prevents you from returning to work, the money can keep you afloat until you find another source of income.
What Qualifies as a Boating Accident?
There are several different ways you can get into this kind of accident. As long as the vessel is on the water, it would be defined as a boating collision.
Yacht Crashes
The difference between a large boat and a yacht depends on a number of factors including, length, weight, purpose, etc. Large boats or yachts are typically used for fun activities with friends and family. Not everyone who purchases a yacht — or boat for that matter — knows how to operate one safely. Sometimes yachts crash into other water vessels because of inadequate training.
Commercial Boating Accidents
These accidents are caused by non-leisure boats. This can include a tugboat, barge, cruise ship, or tanker.
Jet Ski Accidents
Jet skis and wave runners are the motorcycles of the ocean. They are fast-moving and don’t fair well when they crash into larger vessels. Frequently, alcohol is involved in these accidents.
Docking Accidents
This happens onshore when a boat is trying to dock. It may be coming in too fast, or the operator simply isn’t paying attention.
Pontoon Boating Accidents
Because of their slow speeds, pontoon boats are gentle and relatively safe. However, they can lead to drownings and propeller accidents. Passengers will sit on the sides and dip their feet in the water. This sometimes leads to overboard accidents if the passengers or the operator isn’t paying attention.
Fishing and Shrimp Boat Collisions
Those who work in the shrimping and fishing injuries can get injured while working. They have the same risks as any other boating passenger plus occupational hazards. They may be injured by equipment, fall overboard, or their boat capsizes in bad weather.
Water Skiing Accidents
This activity requires skill and can be dangerous even to the most experienced skier. While water skiing, you may fall off the skis and get hit by other boats. Some water skiers get injuries from being dragged through the water.
Towing Accidents
When towing a boat, it may run into the towing vehicle or other boats. Docking a towed boat requires skill and may be particularly dangerous if the water is choppy.
What Are Some Personal Injury Boating Accidents?
The injuries you can get on a boat are varied and can happen in many different ways. They can range from minor cuts, burns, and bruises to severed limbs and even death.
Propeller Accidents
This can happen when a person accidentally gets dismembered or injured by bumping into the sharp spinning blades of a propeller. These are often associated with diving, snorkeling, and water skiing.
Overboard Accidents
If you or any of the passengers fall off the edge of the boat, you can hit your head and become unconscious. There is the chance of drowning and severe head injuries. There may be other conditions in the water that can cause injuries, such as sharp rocks or other vessels.
Drowning Accidents
When there are too few life jackets on board the boat, it’s a safety problem. Additionally, with little or no preparation, it is easy for you or other passengers to drown. If you are rescued, you may have brain injuries and other damage from oxygen deprivation.
Overrun Accidents
While in the water, if you get run over by another boat, this can cause disfigurement, brain injuries, spinal trauma, or death. There is also the chance of getting hit by a propeller. If a person is knocked unconscious, they will not be able to surface on their own.
Slip and Fall Accidents
If a boat is rocky and unsteady on the water, it can also cause you to fall and hurt yourself. You can break bones, get bruises, hit your head, and receive other terrible injuries. The fact that boat surfaces are often wet can exacerbate this threat.
Next Steps to Start Your Boat Accident Claim
If you need additional help after a boat accident, consult with a knowledgeable personal injury attorney who handles boat accident claims. They will prepare you for your boat accident claim and let you know what you need to get started.
