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Common Boating Accident Causes
Boating accidents are often caused by negligence. The following factors frequently contribute to serious incidents:
Boating under the influence (BUI)
Operating a boat while impaired by alcohol or drugs is illegal and a leading cause of accidents.
Operator Inexperience
Many accidents occur because boaters lack the necessary skills or training to operate their vessels safely.
Distracted Boating
Just like distracted driving, failing to pay full attention while operating a boat can lead to serious accidents.
Mechanical Failures
Defective boat parts or poor maintenance can cause a vessel to malfunction at critical moments.
Lack of Safety Equipment
Washington state law requires boats to have adequate life jackets, fire extinguishers, and other emergency gear. Failing to have these onboard increases the risk of injury or death.
What Injuries Might Occur in a Boating Accident?
TBIs & Spinal Cord Injuries
Impact with the boat, another object, or even water can lead to concussions or severe brain trauma. In severe crashes or falls overboard, spinal damage can occur and sometimes lead to paralysis.
Broken Bones, Burns & Lacerations
High-impact collisions can cause serious fractures. Fires and explosions can result in painful burns. Propellers, share objects or being thrown against hard surfaces can result in deep cuts. All of these injuries are serious and can lead to the need for surgical intervention.
Drowning or Near-Drowning Incidents
Victims who fall overboard may suffer from oxygen deprivation, leading to severe brain damage or even death.
If you’re able to prove the key elements of your boating accident claim, you could recover the compensation you deserve for your losses. In these cases, your losses generally fall into two main categories, both rooted in the legal concept of damages:
Economic Damages
These include the costs of medical treatment for your injuries, such as hospital bills, doctor’s visits, and ongoing therapy, as well as any income you lose from being unable to work during your recovery.
Noneconomic Damages
These refer to your subjective losses, which encompass pain and suffering, the impact on your personal relationships, and emotional distress caused by the accident and your injuries.
Estimating the right amount of compensation can be complex, but an experienced boating accident lawyer in Yakima knows exactly how to handle it. For instance, our team will request copies of all your medical bills and receipts, and if you’re self-employed, we’ll review your paystubs or profit-and-loss statements to understand the full scope of your financial losses. This helps us accurately calculate your economic damages.
When it comes to noneconomic losses, we rely on our experience. Having represented countless clients, we know how a jury evaluates claims related to pain and suffering or emotional distress. In many cases, our clients are able to secure several times the amount of their economic damages in pain and suffering compensation.
Common Boating Accident Questions
Who can be held responsible for a boating accident?
Liability for a boating accident depends on the circumstances of the incident. In many cases, the boat operator is responsible if their negligence, inexperience, or reckless behavior caused the accident. The boat owner may also be liable if they failed to maintain the vessel properly. If a mechanical failure contributed to the accident, the manufacturer or maintenance provider could be at fault. Additionally, if another boater’s reckless actions led to the accident, they may be held accountable. A boating accident attorney can investigate the details of your case to determine who is responsible.
What should I do immediately after a boating accident?
After a boating accident, your priority should be safety. If possible, assist anyone who is injured and call for emergency medical help. It is important to report the accident to the proper authorities, as failing to do so could impact your ability to seek compensation. Even if you do not feel injured, seek medical attention since some injuries may not be immediately obvious. Documenting the accident scene by taking photos and gathering contact information from witnesses can be helpful if you decide to file a claim. Lastly, contacting an attorney as soon as possible can help protect your legal rights and ensure you take the necessary steps to seek compensation.
Can I file a personal injury claim if I was a passenger in a boating accident?
Yes, if you were a passenger injured in a boating accident, you have the right to seek compensation for your injuries. Whether the accident was caused by the operator of the boat you were on, another vessel, or a mechanical failure, you may be entitled to damages for medical expenses, lost wages, and pain and suffering. Because liability can be complex in boating accidents, consulting with a lawyer can help you understand your options and the best course of action.
What types of compensation can I recover after a boating accident?
Victims of boating accidents may be able to recover compensation for medical expenses, including hospital bills, surgeries, rehabilitation, and ongoing care. If the injury has caused you to miss work, you may be eligible to recover lost wages or even future lost earnings if the accident results in long-term disability. Additionally, you may be entitled to compensation for pain and suffering, emotional distress, and loss of quality of life. If a loved one was fatally injured in a boating accident, surviving family members may be able to pursue a wrongful death claim.
How long do I have to file a claim after a boating accident?
The timeframe to file a claim after a boating accident varies depending on state laws. In Washington, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, exceptions may apply depending on the details of your case. Missing this deadline can prevent you from recovering compensation, so it is important to consult with an attorney as soon as possible to ensure your claim is filed on time.
Will my case go to court, or can it be settled out of court?
Many boating accident cases are settled outside of court through negotiations with insurance companies. However, if a fair settlement cannot be reached, filing a lawsuit and taking the case to court may be necessary. An attorney can handle negotiations on your behalf and determine the best legal strategy to maximize your compensation. Whether your case is settled or goes to trial, having legal representation can increase your chances of a successful outcome.
How can a boating accident attorney help me?
A boating accident attorney can guide you through the legal process and ensure your rights are protected. They can investigate the accident, gather evidence, and identify the responsible parties. Additionally, they will handle communications and negotiations with insurance companies, who may try to minimize your compensation. If necessary, your attorney can take your case to court and fight for the full compensation you deserve. Seeking legal assistance early on can make a significant difference in the outcome of your case.
