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What to Do After a Boating Accident: Legal Help in Missouri
If you have been injured in a boating accident, you may be entitled to compensation. Our personal injury attorneys understand the specifics regarding boating accidents and maritime law.
Boating accidents often result in catastrophic injuries that require emergency care. There are many factors that can lead to boat accidents, mainly due to negligent or reckless behavior such as operating while intoxicated, speeding, and not paying attention.
Krupp Law Firm handles both personal injury and maritime claims, and we will use our 30+ years of experience to determine the laws, statutes, theories, and jurisdictions applicable to your boat accident claim.
- When You Should Hire a Boating Accident Attorney.
- Boat Accident Lawyer: What Do They Do?
- How Can You Get the Highest Settlement From a Boat Accident Law Suit?
- Types Of Missouri Boating Accidents
- Who Is Liable in a Boating Accident?
- What Damages Can I Recover in a Boating Accident Claim?
- When the Owner of the Boat Does Not Have Insurance.
- Common Injuries in a Missouri Boating Accident
- Call Krupp Law Firm
- Contact a Boating Accident Attorney at Krupp Law Firm
When You Should Hire a Missouri Boating Accident Attorney.
If you were injured in a boating accident, you should consult an attorney at Krupp Law Firm as soon as possible.
It is very important to act quickly. Evidence that can be critical to building a strong lawsuit could be destroyed within just a few day's time.
There are deadlines that must be met when filing a personal injury lawsuit. If you miss certain deadlines your case can be dismissed by the court.
Hiring a Missouri boating accident attorney can help you navigate the legal system and ensure that your rights are protected. Our personal injury attorneys can help you understand the laws and regulations that apply to your case, as well as help you determine who may be liable for your injuries.
Krupp Law Firm attorneys can also help you gather and preserve evidence, such as accident reports, witness statements, and medical records. This evidence can be used to build a strong case and increase your chances of obtaining fair compensation for your injuries.
We can also help you negotiate with insurance companies and defend against any legal challenges that may arise during the course of your case. Insurance companies may try to settle your case quickly and for less than you deserve, but our attorneys can help you determine the true value of your case and negotiate for fair compensation.
In summary, it is important to consult with our boating accident attorneys as soon as possible after an accident because evidence can be lost quickly and deadlines must be met. We can help you gather evidence, understand the laws and regulations that apply to your case, and negotiate with insurance companies for fair compensation.
Missouri Boat Accident Lawyer: What Do They Do?
As experienced Missouri boat accident lawyers, we will thoroughly investigate the accident, gather evidence, and interview witnesses to determine the cause of the accident and identify any negligent parties.
We will also review the accident report and any other relevant documents, such as weather reports, water conditions, and the maintenance records of the boat involved in the accident.
After we have gathered all the necessary evidence, we will use this information to negotiate with the insurance companies on your behalf. Insurance companies may try to settle your case quickly and for less than you deserve, but we will work to ensure that you receive fair and just compensation for your injuries and losses.
In addition to negotiating with insurance companies, we will also prepare and file any necessary legal documents, such as a complaint, and represent you in court if necessary. We will also advise and guide you through the entire legal process, keeping you informed every step of the way.
If you have been injured in a boating accident, contact the experienced attorneys at Krupp Law Firm. We are committed to helping you navigate the legal system and ensuring that your rights are protected.
How Can You Get the Highest Settlement From a Boat Accident Law Suit?
To get a fair settlement, you’ll need a strong case. A solid case involves gathering evidence to prove your claim. You can strengthen your boat accident case through the following actions:
Report the accident.
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.
Talk to witnesses.
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.
Make notes about the accident.
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.
Save records of your damages.
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.
See a doctor ASAP.
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.
Types Of Missouri Boating Accidents
Boating accidents can include any of the following watercraft:
- Personal watercraft (Jet skis, Sea-Doo, WaveRunner),
- Commercial boats and ships,
- Boat/watercraft versus a swimmer,
- and more.
The Missouri boat accident lawyers at Krupp Law Firm understand how traumatic a serious boating accident can be. We are passionate about helping our clients recover the maximum amount of compensation as quickly as possible.
Below are some of the common causes of boating accidents:
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
Alcohol-Related Boating Accidents
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.
Boating Accidents Due To Speeding
Boating Accidents Due to Equipment Defects
Injuries Caused by Propellers
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:
- water skiing,
- divers or snorkelers surfacing,
- hitting a wave or wake and being ejected,
- or someone falling overboard.
Violations of Boating Regulations
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.
Who Is Liable in a Boating Accident?
In case of a boating accident, we need to establish cause.
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.
How a Negligence Claim Would Work
To grasp how negligence claims work, let us first explain the major types of boat accidents.
Operator of Another Watercraft
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.
Manufacturer of the Boat
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
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.
What Damages Can I Recover in a Boating Accident Claim?
The damages that can be recovered by filing a boating accident lawsuit can include any type of damages in an amount that depends on the severity of the injuries, circumstances of the accident, and whether or not you share liability for the accident.
If you suffered the following types of losses, you have the right to monetary compensation if you can prove:
- The defendant is liable for the accident.
- The accident resulted in injuries or death.
- The injuries led to financial losses.
We can recover the following types of damages:
- Costs of medical expenses and treatment
- Doctor bills
- Hospital bills
- Pain and suffering
- Property damage
- Loss of income
- Loss of earning capacity
- Loss of companionship
- Wrongful death
When the Owner of the Boat Does Not Have Insurance.
Missouri does not legally require a boat owner to be insured. If the owner is financing the boat the bank may require the parties to have insurance.
If the liable party does not have insurance or assets you may not be able recover damages. Automobile insurance does not cover boating accidents.
Homeowners insurance may provide insurance for your injuries. Not all Homeowners insurance policies does not always cover these kinds of injuries. Your lawyer will be able to find out if the policy does or does not cover these injuries and if you can recover damages. You will most likely not be able to file a claim for a boating accident through your won homeowners insurance policy.
Common Injuries in a Missouri Boating Accident
There are more than 12,000,000 boats registered in the U.S., and each year more than 4,700 recreational boating accidents take place, causing the death of more than 700 individuals.
Even if boating accidents are not fatal in most cases, passengers can still suffer severe, debilitating injuries, including: