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 refer to a collision or capsizing of any kind of watercraft. According to Maine Code Chapter 112 Title 36, a watercraft is any type of vessel, boat, canoe, or other craft that is meant to transport people over the water, with the exception of seaplanes. Some watercraft that we see in boat accidents may include:

• Sculls
• Sailboats
• Yachts
• Motorboats
• Fishing boats
• Charter vessels
• Jet skis

Going into open water in any kind of vessel poses a risk. The United States Coast Guard (USCG) reported that overall boating fatalities fell in the most recent reporting year for a total of 564 fatalities. The Recreational Boating Statistics report that most accidents occurred in or with an open water boat or personal watercraft. Still, the USCG page referenced above reports that the highest percentage of deaths occurred in kayaks and canoes. 

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 don’t necessarily provide generalized right-of-way regulations like motor vehicle laws do on land. This can sometimes make it confusing for people in the water. However, some guidelines advise when people should yield to others. Those situations are:

• Any watercraft not under command. For example, anchored or disabled watercraft 
• Any watercraft is restricted in its ability to maneuver. This includes a watercraft towing another or laying cable or one that is constrained by its draft
• A watercraft that is engaged in commercial fishing
• A sailboat under sails unless it is overtaking
• If two watercraft are approaching head-on, each one should shift right to pass on the port side of the other
• If watercraft approach at right angles, the watercraft approaching on the starboard side has the right of way

Additionally, Maine boating laws require that there be a lookout at all times that can see and hear what is happening around them. The laws also specify behaviors that are illegal while operating watercraft. These include requiring a safe operation, anchoring in the middle of a pathway, or obstructing access to a facility, pier, or wharf. The legal requirements for consuming alcohol are the same as on land. 

Boating Accident Injuries

Injuries in boating accidents tend to be unique to these types of accidents. Most injuries and fatalities occur when passengers land in the water. However, that does not mean injuries don’t happen if people remain on the watercraft. Some of the injuries our boat accident attorneys commonly see are:

• Broken bones
• Lacerations
• Amputation 
• Drowning 
• Traumatic brain injury 
• Spinal cord injury
• Ischemic brain injury 
• Electrocution
• Death

In many cases, your chance of survival and full recovery is dramatically reduced when you enter the water. Unfortunately, the most common cause of death is drowning, whether it be from not being able to swim, exhaustion, intoxication, or being injured and falling under the water. In many cases, simply having a lifejacket or flotation device for every person on board can dramatically save lives. 

Many of these injuries require significant medical intervention. You may require surgical interventions or ongoing follow-up for physiotherapies. These can mean significant medical bills and missed time from work. In severe cases, the injuries may affect the way you can perform your job duties or even the jobs you can get in your field. 

Emotional Repercussions of Boat Accidents

The physical injuries sustained from a boat accident can be severe, but the emotional repercussions may also last a lifetime. After a traumatic event, it is common for people to experience symptoms of depression and anxiety. They may also experience symptoms of Post Traumatic Stress Disorder:

• Intrusive memories
• Negative changes in thinking and mood
• Nightmares
• Trouble sleeping
• Trouble concentrating
• Irritability 

These symptoms can have a dramatic impact on your daily life. Some people experience significant challenges at work and in personal relationships while coping with these symptoms. With the appropriate interventions, PTSD can be resolved within a few months. 

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.

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