Boating Accident Lawyer
Minnesota is the Land of 10,000 Lakes, and we love to take advantage of that fact when the weather gets warm. Pontoons, jet skis, bass boats, and other watercraft dot Lake Superior, the Boundary Waters, the Mighty Mississippi and thousands of other options from International Falls to Albert Lea. Water skiing, cruising across open water, sailing, and casting for Northern Pike are just a few of the many ways we can entertain ourselves while on the water.
Unfortunately, accidents occur within all that activity. If you have been in a boating accident and have sustained injuries or a loved one has been killed in a boating accident, you may be entitled to compensation paid by the at-fault party. A boating accident lawyer can help you determine if there is a case and take the necessary steps to pursue it. Call the boating accident attorneys at 612-INJURED at (612) 465-8733.
What to Do after a Boating Accident
There are a few steps we advise you take if you have been injured in a boating accident.
- Check yourself and others in the boat for injuries. Consider that you are on open water and medical attention is going to take longer to find. Call 911 if necessary. Even if you feel that your injury is minor, you should see a doctor and be properly evaluated. Some injuries take longer to become obvious.
- Get the name, contact information, license number, and insurance information from the operator of the other boat. If the operator is not the owner, get what information you can on the owner. You will want both. Get contact information from any witnesses, as well.
- Take pictures and take notes. Use your smartphone to document everything you can.
- Contact the sheriff’s office in the county where the accident happened. This is the responsibility of the negligent operator, but they may choose to avoid it.
- Call a boating accident attorney. The best way to ensure that your rights are represented, and you get the settlement you deserve is to have an experienced boating accident lawyer overseeing the process.
In addition, the State of Minnesota makes a few steps clear about what the responsibilities are of the negligent party after a boating accident in Minnesota Statute § 86B.341.
- If someone has been injured or killed in a boating accident, the operation of the watercraft is required to stop and help if it is safe to do so.
- The operator is required to give their name, address, and license of the boat and the name and address of the owner to the injured party, occupants of the other boat, or operator of the other boat.
- The operator is required to immediately report the accident to the county sheriff’s office.
Common Types of Boating Accidents
- Collisions with other watercraft, tubers, jet skis, or swimmers can be particularly deadly. This is often caused by excessively speeding or by carelessness in paying attention. These are more prevalent on high-traffic days on the water.
- Colliding with fixed objects such as buoys often occur with recklessness or when operating with low visibility.
- Propeller accidents most often occur when occupants fall overboard, though there have been injuries sustained by divers.
- Fires and explosions happen with product defects and with the storage of fuel on board a boat.
- Falling from a boat or ejection might sound not sound bad to some but high speeds can make a big difference. Spinal cord injuries and broken bones can occur from hitting the water when moving quickly.
- Capsizing can be caused a few ways. Too many passengers, too heavy of cargo, leaks, or bad weather can all lead to this.
Causes of Boating Accidents
- Alcohol can impair the ability to use a watercraft much like it does with driving a car.
- User errors can happen even to experienced boaters.
- Traveling at excessive speeds for thrill-seeking can put everyone in danger, as it reduces your time to react and makes the boat less stable for its passengers.
- Carelessness or recklessness is not something any operator should be on the water, but such activity often leads to injuries.
- Inexperienced operators may not be fully aware of how to anticipate issues and what to do in every situation, leading to accidents.
- Poor weather can affect a boat in many ways and can lead to capsizing.
- Product issues can lead to failure of a watercraft that can then lead to a boating accident.
Types of Boating Accident Injuries
- Slip and falls on a boat can occur due to water sprayed in the boat combined with the lack of traction in the boat. These accidents can result in broken bones, soft tissue damage, and even traumatic brain injuries.
- Drowning is often caused by capsizing or being thrown from a boat by ejection during travel or by collision. Even with skilled swimmers, injuries, choppy water, or distance can cause the inability to properly swim or exhaustion when trying to get to shore. If caused by the negligence of another, then you may have a wrongful death claim.
- Burn injuries on boats can be caused by equipment failure and deck fires. Not every boater is equipped to handle such an issue, due to the thought that they are surrounded by water.
- Propeller injuries typically occur when passengers fall overboard. These can cause severe lacerations and can often be catastrophic, which is why it is important for passengers to be seated before the boat accelerates.
- Spinal cord injuries can occur when falling or being thrown from a boat at high speeds.
- Carbon monoxide poisoning is rare but has occurred. This is why Sophia’s Law was passed in Minnesota. This requires carbon monoxide detectors to be placed in boats with sleeping accommodations, a galley with a sink, and a toilet.
- Traumatic brain injuries can occur when boats collide with swimmers, tubers, or other boats, as well as from falls.
Liability on Rivers
When operating on a river, there are a few additional items that may be taken into consideration, though it is mostly treated the same as boating on a lake.
One example of this involves rivers on the border of two states. If you get in a boating accident on a border river, it falls under the jurisdiction of one state if both operators are from that state. If each operator is from different states, then it becomes a federal issue and falls under maritime law. For example, if two boaters get in an accident on the St. Croix River and both were from Minnesota, then it would fall under Minnesota law. If one boater was from Minnesota and the other from Wisconsin, then it falls under federal maritime law. If you want to bring your claim in front of a jury, you can request that your claim is handled in a state court, however, maritime law will still apply which will include a three year statute of limitation.
Should I Hire a Boating Accident Attorney?
Boating accidents can involve a lot of complexity. Questions of what led to the accident and liability need to be sorted. A lawyer will investigate immediately to find out what happened and handle all communications. We will calculate the damages, so we know how much to demand for compensation.
Also, to be considered, is the fact that Minnesota does not require boat insurance. Often, boats are insured under homeowners’ or automobile insurance. If you or a loved one has been injured, you need an experienced boating accident lawyer to make sure you get the settlement you deserve. This includes important factors like medical bills and wage loss. Insurance companies are in business to make money and want to pay you as little as they can. An experienced attorneys know how to work with insurance companies to ensure a fair settlement.
Why Choose Us
If you have been in a boating accident, you need a lawyer who understands the boating laws on Minnesota water. We know what to do immediately following your conversation with us and will promptly begin an investigation to hold the negligent party responsible. We will ensure that you and your loved ones will get a fair settlement from unwilling insurance companies. Call our text our boating accident lawyers at 612-INJURED at (612) 465-8733.
Boating Accident Fatalities
Fatalities are most common when:
- The boat is an open vessel
- Weather is perfect and visibility is good
- The water is calm
- Wind is light
Although it may not seem right that most fatalities occur in the above conditions, there are reasons for that. Those reasons include:
- Boaters are more likely to be intoxicated in their boat on a beautiful day.
- More boats are on the water, so a collision is more likely.
- Negligence can lead to collisions with bridges or barriers in the water. When the water is calm, it may not break at a barrier in the water.
- A collision may occur due to another reason.
The most common cause is a boat that capsizes. When a boat capsizes, the passengers fall overboard. Many who file a lawsuit through a boating accident attorney have been victims of a capsized boat they were a passenger on and they sustained some kind of injury from that incident.
Yes, there are very strict rules for operating a boat on Minnesota waters, but there are inexperienced drivers who ignore many of these rules and that results in severe injury or death.
Boat Accident Compensation in Minnesota
There are different types of compensation that you can receive. They are:
- Property damage
- Medical expenses
- Disability
- Lost wages
- Pain and suffering
- Disfigurement
- Wrongful death
You will have to take certain steps in order to make a strong claim and your boating accident lawyer will help you take these steps. The first is to receive medical attention for your injuries. You also want to make sure you write down witness information and any other pertinent information. And make sure you do not talk to anyone about the accident so that anything you say can’t be used against you later.
Boat Accident Attorney
When you’ve been involved in a boating accident that was not your fault and caused you harm, you may be entitled to compensation. Don’t deal with your injuries alone and don’t deal with the expenses your injured have incurred. Let us provide you with the aggressive representation that will help you achieve the results you deserve.
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