Summer is here, the weather is beautiful, and many Ohio residents are heading to the lake to spend some recreational time on a boat. Fun, adventure, and relaxation can all be found at a day on the lake. However, boating accidents are currently on the rise in Ohio, with nearly 20% of those accidents happening in July. If you’ve been seriously injured in a boating accident and are struggling to recover, you deserve compensation to help you move forward. When an accident isn’t your fault and you are struggling, there are things you can do to help the situation.
If you’re involved in an accident on the road, you were likely wearing a seatbelt. Although this doesn’t mean you won’t be injured or face long-term challenges from the accident, it can decrease the risk of serious injuries. If you are a passenger on a boat, you are likely unrestrained, and may have even been standing and moving around the boat at the time of the accident. This greatly increases your risk of injury, and some passengers in boating accidents may be thrown overboard or injured by other projectiles. This means that a serious boating accident has serious fallout. As a victim, you can face not only lacerations, scrapes, and bruises, but also broken bones, internal organ damage, head trauma, and burns, as well as shock and the potential for long term emotional damage such as delayed trauma response and a fear of water.
As a passenger, it’s likely that you are not at fault for the accident unless you were behaving recklessly or deliberately distracting the operator. Some accidents are just that: accidents caused by forces outside of anyone’s control, such as unexpected bad weather. However, there are several parties that can be held responsible after a serious boating accident. If the accident was caused by a defect in the boat itself, the manufacturer may be responsible. If the accident was caused by poor maintenance practices, the party responsible for maintaining the boat may be responsible.
Truthfully, though, many serious boating accidents are caused by one or more operators. While boating operators have to be licensed, reckless boating is far more common than people think. A driver who is always focused on the road may let their guard down on the water. Most recreational boaters look at their time on the boat as just that – recreation. A beautiful sunny summer day can lull even the most experienced boater into poor decisions. In many cases, boating accidents are due to inattention, speeding, alcohol use, or improper lookout. Whether the accident was caused by the operator on your boat or another boat involved in the accident, if they caused the accident, they can be held liable for your damages. Since determining liability can be difficult, it’s important to make sure that you have an experienced attorney on your side to help you with your case.
The immediate aftermath of an accident is overwhelming. Adrenaline is flowing, the scene is chaotic, and it’s easy to lose track of what you need to do. If you’ve been seriously injured in a boat accident that wasn’t your fault, start with the basics.
Even if you think you’re fine, it’s important not to delay medical attention. The quicker you get assessed after an accident, the better you will fare down the road.
Make sure the proper authorities are involved as soon as possible. Get an accident report and make sure you have a copy.
Document everything you can think of. What was the weather like? What happened immediately before the accident? Where were you on the boat? What was the operator doing? What other boats were around you? Was another boat involved? What role did the other boat operator play? Take pictures of the scene, the damage, and your injuries, and make sure someone is gathering witness statements as soon as possible while memories are fresh.
The sooner you contact an attorney, the better your outcome will be, and the faster you’ll be able to resolve your case.
Liability can be challenging in a boating accident. Even if you did everything right immediately following the accident, proving who was at fault and why they are responsible isn’t as straightforward as a car accident might be. Gathering evidence and witness statements, negotiating with the insurance company, and trying to recover from serious injuries can be more than you can handle on your own. In addition, you likely don’t have the experience or expertise to effectively negotiate a fair settlement on your own, and the insurance companies are hoping that you’ll become frustrated or not know better and agree to a low settlement offer. If you want to dedicate more time to your recovery and increase your chances of a fair settlement, you need a local accident injury attorney. With someone experienced in handling serious boating accidents, you know that you can move forward with confidence.
Many accident victims struggle because they aren’t sure who to pursue for liability and think they can’t afford an attorney. With an attorney experienced with boating injuries – who works on a contingency basis – you will not have any legal fees until your settlement is complete, and you will likely get a fair settlement to help cover every aspect of your recovery, from medical bills, to missed work, to pain and emotional trauma. If you’ve been injured in a serious boating accident that wasn’t your fault and you are still struggling, contact Arthur Law Firm right away (419) 782-9881 for a free consultation and start the path toward a full recovery today.