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Seeking Justice After a Boating Accident: How Berman and Simmons Can Help You
Most people don’t think about the chances of the worst-case scenario when they take an afternoon for recreational boating. In most cases, it ends with a sunburn at worst, but if you have experienced a boat accident, you know it can be one of the scariest experiences of your life. You may be eligible for compensation if you have been injured in a boating accident because of someone else’s negligence.
At Berman and Simmons, we are dedicated to fighting for your rights to compensation. Our personal injury attorneys have recovered nearly $40 million for hurting families in the last six months alone. You don’t have to manage this alone.
Boating Accident Vessels
A boating accident can involve the collision or capsizing of any watercraft, defined by Maine law as vessels used to transport people over water, excluding seaplanes. These include sculls, sailboats, yachts, motorboats, fishing boats, charter vessels, and jet skis. Regardless of the vessel type, venturing into open water always carries risks. The U.S. Coast Guard (USCG) reported 564 boating fatalities in the most recent year. Most accidents occurred with open water boats or personal watercraft, but kayaks and canoes had the highest percentage of fatalities.
Causes of Maine Boating Accidents
The causes of a boating accident are very similar to the causes of any other kind of accident, and they vary significantly depending on the situation. Some of the commonly seen causes are:
- Lack of driver education
- Inexperienced driver
- Intoxicated driver
- Wake in a no-wake zone
- Overcrowding
- Improper loading
- Mechanical failure
- Excessive speed
The recreational boating statistics report states that about 33% of accidents had drivers with no boating education. However, around 32% of the total accidents reported unknown education levels, so the number could be higher. The next highest contributing factor included drivers who were intoxicated. The Maine boating laws document tells us that it takes about one-third of the amount of alcohol that causes legal intoxication on land and has the same effect in the water.
Maine Boating Laws
Boating laws in Maine do not provide the same generalized right-of-way rules as motor vehicle laws, making water navigation confusing at times. However, specific guidelines dictate yielding situations, such as giving way to anchored, disabled, or commercially fishing watercraft, and sailboats under sail unless overtaking. When two watercraft approach head-on, each should steer right to pass on the port side. If approaching at right angles, the craft on the starboard side has the right of way.
Maine law also mandates that operators maintain a lookout at all times to observe their surroundings. Additionally, certain behaviors are prohibited, such as unsafe operation, anchoring in navigational pathways, or blocking access to facilities, piers, or wharfs. Alcohol consumption laws for boat operators mirror those for motor vehicles, ensuring safety on the water.
Boating Accident Injuries
Injuries from boating accidents are often unique and severe. While many injuries occur when passengers fall into the water, significant harm can also happen onboard. Common injuries include broken bones, lacerations, amputations, traumatic brain injuries, spinal cord injuries, ischemic brain injuries, electrocution, drowning, and even death. Drowning remains the leading cause of death, often due to exhaustion, intoxication, or inability to swim. Having lifejackets or flotation devices for all passengers can significantly reduce fatalities.
These injuries often require extensive medical care, including surgeries and long-term rehabilitation like physical therapy. The resulting medical bills and lost income from time off work can create substantial financial burdens. In severe cases, injuries may limit your ability to perform your current job or restrict career opportunities in your field, making compensation essential for recovery and stability.
Emotional Repercussions of Boat Accidents
Intrusive Memories:
Frequent, unwanted recollections of the accident that can disrupt daily life.
Negative Changes in Thinking and Mood:
Persistent sadness, hopelessness, or detachment from loved ones.
Nightmares and Trouble Sleeping:
Recurring distressing dreams and difficulty achieving restful sleep.
Trouble Concentrating and Irritability:
Difficulty focusing on tasks and heightened irritability or anger.
Why Hire a Boat Accident Lawyer?
If you have been injured in a boat accident, you may be inclined to let insurance handle it, accept the settlement, and be done. However, we know that insurance tends to offer the lowest possible amount, and it does not typically account for future expenses or anything beyond initial property damage. The insurance company’s priority is to protect its assets, even if it comes at your expense. To get a fair settlement offer and protect yourself, you need an experienced boat accident attorney.
Among the benefits of receiving a higher settlement amount on average, having an attorney means you have someone on your side to help investigate the accident by reviewing documents and photos and talking to witnesses. Sometimes, they may even call expert witnesses to testify on your behalf. Further, a boat accident attorney is familiar with the legal process and timelines for a successful case, ensuring that you don’t waste valuable time by missing deadlines or having to redo paperwork that was not completed correctly the first time.
In many cases, a huge source of stress and anxiety is the unknown. When you have an attorney, you have someone who can help you manage your expectations and know what to expect. This includes providing updates with requests from the insurance company, problems or strengths that come up during negotiations, and discussing any concerns of not reaching a settlement agreement. If your case goes to trial, your attorney can work with you to prepare for what you can expect.
Strengthening Your Boating Accident Case
A strong case is the goal of any negotiation or litigation. When you speak with your boat accident lawyer, they will likely ask you about any evidence or information you have regarding your case. Many of the things they will ask you about are regarding documents that can help your case. Some of the things they may ask you about are things that you can do to help your case from the very beginning, and some of them are to protect the integrity of your case as it goes on.
Obtain Medical Evaluation
After an accident, the first step should always be to seek out medical evaluation. If, for whatever reason, EMS does not arrive on the scene, it is a good idea to get a physical assessment from a physician immediately afterward. This helps document your immediate injuries and may provide support if you have injuries that have a delayed onset. Additionally, if you do not seek medical treatment immediately, it may give the perception that you did not sustain serious injuries, even if they may be injuries that are common to appear later.
Obtaining immediate medical attention is important, but almost equally important is following discharge instructions. The insurance company, opposing lawyers, and the jury need to see that you are doing everything in your power to minimize further injury and heal quickly. Suppose you have complications with any of your injuries. In that case, it may become more difficult to establish a connection between the complication and the accident if you have not followed your medical team’s advice.
Document the Scene
At Berman and Simmons, our boat accident attorneys know that you may not always have reliable documentation after a boat accident. Especially if your devices are ruined by water, any photo evidence you may have or videos from the time immediately before or during the accident may be helpful. Photos of any property damage or injuries may be instrumental to presenting a strong case to the insurance company or jury if we determine that taking your case to trial is the best option. An ongoing photo journal of your injuries may be beneficial as they heal to document your recovery process.
Report the Accident
Reporting your accident as soon as you are able is a requirement in many situations but may also serve as important documentation in your case. When you report an accident in Maine, you create documentation of this happening. This is required if someone has been injured, disappeared, or if the accident causes property damage over $2,000. When the report is made, the necessary information will be compiled into a single place. At times, the police may complete their own investigation, which is included in the documentation.
Avoiding Discussions
A behavior that our boat accident lawyer may advise against is talking too openly about your accident, particularly on social media. In fact, they may advise you to avoid posting publicly about your life or what is happening. The more information you put on the internet, the more potential ammunition the other side gains to discredit you or your injuries. You will likely be advised to avoid speaking with anyone officially about the accident without discussing it with your attorney first.
Boating Accident Damages
Damages in a personal injury case for a boat accident refer to the overall cost of your injuries. These costs may be monetary, or they could be less tangible, such as emotional injury, costs on your family life or relationships, or overall quality of life. Some of the damages that are more frequently claimed are:
- Past and future medical costs
- Lost wages
- Loss of earning potential
- Pain and suffering
- Property damages
- Disfigurement or disability
- Pain and suffering
Wrongful Death
If you have lost a loved one in a boating accident, you may benefit from speaking with one of our wrongful death lawyers. You may be eligible to collect compensation for their death. This can be used to cover medical and funeral expenses for the deceased. In some cases, it may be appropriate for the settlement amount to include compensation to supplement your loved one’s income for a time.
Punitive Damages
Punitive damages differ from the more standard compensatory damages. These are awarded by a jury when the defendant is found to have acted maliciously or particularly recklessly. Punitive damages are meant to punish behavior from the defendant more than awarding compensation to the plaintiff or victim.
Call a Maine Boat Accident Lawyer Today
If someone else’s negligent behavior has injured you or someone you love, you may be eligible for compensation for your injuries. Recovering from a traumatic event takes time, money, and emotional bandwidth that you may not have to spare, especially if you are trying to fight with the insurance company or other attorneys on your own. Please utilize our FAQ page, as it may answer andy initial questions you have. At Berman and Simmons, we want our clients to feel empowered in their decisions and will work diligently to fight for your rights and recover the maximum compensation available to you.
Do not hesitate to call us for a free case review. When you contact us for your case evaluation, you will be scheduled for a 15-minute intake appointment. During this time, a member of our team will gather details regarding your case to determine what resources we may have to help you. When we work with our clients, we do so on a contingency basis, meaning we do not accept payment from you unless we recover compensation for you.