What to Do After a Boating Accident: Legal Help in Missouri

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Call the police, and tell officers about the crash. If the injuries are severe, the Coast Guard will send an officer to take a report. Ask how you can get a copy of that report.

Take pictures of the accident scene, your injuries, and property damage. Snap photos of anything else that helps show what happened.

If you were on a boat with other passengers, talk to them. Ask if you can take down their names and contact information including phone numbers. Your lawyer will reach out to them for statements later.

Write down whatever you can remember about the incident. If the driver said anything about their own fault, write down the statement. You can go over these details with your attorney.

Keep a folder with your medical bills, receipts, and other evidence of your losses. You will need to provide proof of your injuries when you file your claim.

Do not delay getting medical treatment, even if you feel okay. See a doctor as soon as possible. If you wait too long, it will hurt your settlement options.

An operator may be considered negligent for:

• Operating at a high speed.
• Failing to carry safety equipment on board.
• Collisions with other boats.
• Hitting a submerged object, rock, or grounding.
• Hitting a big wave or wake at an excessive speed.
• Deciding to navigate in heavy weather, causing individuals to fall overboard.
• Contact with propellers.
• Overcrowding and overloading the vessel

Boating While Intoxicated (BWI) is a leading cause of boating wrecks in Missouri. Our attorneys will evaluate toxicology and accident reports and talk to witnesses to determine if alcohol impairment may have played a role in your boating accident. If so, we can pursue punitive damages in addition to compensation for your economic and non-economic losses.

In Missouri it is illegal to operate a boat while under the influence of drugs or alcohol. The operator can receive a BWI which is very similar to a DWI. If you were involved in a boating accident where the operator responsible was under the influence of drugs or alcohol contact us immediately.

Coming into contact with a propeller can cause deep lacerations and even amputations. Most of these injuries are caused by negligent boat operators.

Many propeller accidents involve:

• tubing,
• water skiing,
• wakeboarding,
• divers or snorkelers surfacing,
• hitting a wave or wake and being ejected,
• or someone falling overboard.

In the state of Missouri, there are strict laws that govern who can operate a watercraft, where it can be operated, and how it must be operated. Violating these rules not only is illegal but could also result in injuries or death.

Missouri law requires all motorized boat and PWC operators born after January 1, 1984, to pass a boater safety course and to carry a boater education card.

If you suffer an injury while on a motorboat, sailboat, or personal watercraft, you and your lawyers need to prove that your injuries were caused by someone else's negligence.

You can recover damages from whoever is liable for the boating accident. More than one person or company may be liable for damages in a boating accident.

Establishing the parties were negligent by failing to provide reasonable and failing to act in a way a reasonable person would under the circumstances.

Damages refer to physical and/or emotional injuries, property damage, and/or loss of income someone suffers from a boating accident.

To grasp how negligence claims work, let us first explain the major types of boat accidents.

When two motorboats collide, operators of both vessels will at least bear partial fault. So, injured passengers on both boats may file claims against the operators of both boats. A driver who gets injured and contributes below 50% to the accident, may file a claim against the operator of the other vessel.

If the collision involves a sailboat and motorboat, then the latter is likely to be at fault. This is because boating rules dictate that motorboats should clear the way for sailboats.

Boat and personal watercraft manufacturers owe users a duty to ensure the boats they put onto the market is safe for use. If a boat or personal watercraft is defective or dangerous, numerous laws hold manufacturers to a standard of “strict liability” for any injuries it causes. You do not need not prove negligence or intent to harm; instead, the statutes allow an injured person to recover damages if they demonstrate that a manufacturer neglected it's duty.

A boat or personal watercraft is defective if it has serious flaws in its construction, design or if the manufacturer fails to provide sufficient warning of hazards or qualifications of its use.

The company or person leasing the boat has a responsibility for maintenance and servicing. If they fail to keep the boat in safe operating condition and/or fail to train the boat operator they may be held liable for damages that resulted from a boating accident. Negligence on their part may lead to equipment not working properly or even failure.

If you were in a boating accident the company or the person leasing the boat may be at fault.