Regardless of its desert reputation, Nevada offers some hottest destinations for boating enthusiasts, fishers, and jet skiers. Unfortunately, these experiences can quickly turn catastrophic in case of a boat accident. With up to 130 boat crashes yearly, Nevada is a deadly state for boaters. Some boat accidents may be random and unpredictable. However, most accidents result from negligence and reckless conduct from parties involved in boat operations.
Injuries from boat accidents are severe and sometimes life-threatening. Fortunately, boating accident victims can file a claim and recover compensation for their injuries. While compensation will not heal your injuries, it can lower the financial burden associated with the accidents. Filing a successful personal injury claim after a boat accident is complicated, especially when you are nursing your injuries. Therefore, seeking expert legal guidance is critical.
Taking the following steps after an accident is critical in your ability to recover compensation:
Seek Medical Attention
If you are involved in a boat accident, you should ensure you are safe and call for help. This could include sending a message on the radio, flagging down other boaters, or sending a flare signal. Boats could catch fire after an accident. Therefore, you should move as far away from the vessel as possible.
A boating accident can result in severe and life-threatening injuries. Therefore, it is essential to seek medical help immediately after the accident. Proper medical care helps in the early detection of injuries and treatment.
Additionally, consulting with a physician allows for documentation of your injuries. Evidence of damages and treatment costs are critical components in recovering compensation for your injuries.
Common injuries you could suffer from a boating accident include:
Broken Bones
The term "broken bones" describes a wide variety of injuries, from fractures of minor bones to the shattering of large bones. Broken bones are a common injury in a boat accident. Excessive pressure on your body can often cause even the most robust bones to break. Depending on the boating accident you are involved in, you could suffer a clean break, bone chips, or shatter.
You will require immediate medical care if you break your bones during your boat accident. Bone injuries take a while to recover. Therefore, you may spend much time in the hospital, which translates to extensive medical bills.
Spinal Cord Injuries
The spine is a critical body part that controls multiple body functions. Your spinal cord can be damaged by physical trauma or compression. Depending on the accident's seriousness, spinal cord injury can be partial or complete. A spinal cord injury can alter the course of your life, and the recovery process involves severe pain.
When you completely sever your spine in a boat accident, you could be left in a wheelchair for the rest of your life. This will not only affect the quality of your life but also impact your ability to work.
Hypothermia
A severe drop in body temperature, commonly known as hypothermia, is fatal when left untreated. Hypothermia is one of the dangerous risks of boating accidents. The passengers can fall overboard if the boat loses control or lacks the necessary precautions. When a person falls into the water and is not rescued on time, they could suffer hypothermia.
Concussions and Brain Injuries
Head Injuries result from a jolt or blow to your head. The results of this trauma are shifting of the brain within the skull, tearing of blood vessels, and bleeding. Whether your boat collides with an obstacle or you are thrown overboard, you could hit your head on a solid object causing injuries.
Mostly, brain injuries do not recover completely and may bring the following permanent complications:
- Sensory and cognitive difficulties.
- Behavioral problems.
- Permanent physical impairment.
- Communication and language deficits.
Drowning and Death
The likelihood of drowning in a boating accident is high, especially when you do not have a life jacket. When a person falls overboard and suffers an injury that prevents them from quick reactions, drowning may be inevitable. The loss of your loved one in a boat accident is a devastating experience.
Filing Legal Reports After a Boating Accident
All boat operators must report to the department of wildlife after an accident. If a boat accident results in death, serious injury, or disability which lasts more than twenty-four hours, you must submit a report. In your report, you will describe the events leading up to the accident and list all involved parties.
In cases involving single-boat crashes, the injured parties must file the report. If you have suffered a severe injury that requires you to remain in the hospital, you may lack the capacity to follow up with the accident, which can affect your claim process. For this reason, it is essential to contact a personal injury lawyer immediately after the accident.
Determining the Cause of Your Injuries
Most boating accidents are preventable if all parties involved in boat operations follow the regulations. While you are entitled to compensation for your accident injuries, you can only file a successful claim if you understand the causes of your accidents.
Common causes of boating accidents include the following:
Boating Under Drug or Alcohol Influence
Boats are challenging to operate, especially for inexperienced users. The use of alcohol or drugs disrupts a person's brain functions, disrupting their perception of speed and distance. Additionally, their reaction time to emergencies is slower.
When a boat operator is under the influence, they could lose control of the boat and cause a severe accident. Additionally, if a boat part malfunctions, they may need more mental capacity to realize the problem and get everyone to safety. Nevada boating regulations mandate boat operators maintain a safe speed and balance to protect the passengers.
Excessive Speeding
Operating a boat at excessive speed, especially during unfavorable weather conditions, is dangerous. Nevada boating regulations clearly state that all operators must follow the indicated speed limits at different water sections. High speeds make it easy to lose control of the boat and cause serious accidents.
Operator Inattention or Distraction
Monitoring the boat in open waters must be a priority for the operator. Sometimes the boat operator may need to assign the task to another person and manage individuals who cause distractions. However, it is common for a boater to be distracted, primarily when operating a recreational boat where people are having fun. When a boater is distracted, they could veer off to a place where people swim or onto unforeseen obstacles.
Dangerous Water Conditions
The unpredictable weather conditions make marine activities and recreation risky. Storms can come abruptly. Therefore, understanding various risks and how to manage them is critical to a safe experience while on the boat.
Boat operators must understand how different weather conditions pose a danger to boat operations and adjust accordingly to avoid accidents. Identifying liable parties and recovering compensation may be challenging if you are injured in a boat accident resulting from poor climatic conditions.
Defective Boat Parts
Like vehicles, boats are artificial objects subject to failure and malfunction. Boat part defects can result in devastating losses and fatalities. Most boating accidents caused by a defective part result from the boat manufacturer or owner's negligence.
Manufacturers are responsible for producing good quality parts that serve their intended purpose. On the other hand, boat owners and rental companies must maintain the boats in good condition through constant servicing and repairs.
Accidents resulting from faulty boat parts are the most serious since it can be challenging to detect the exact location of the malfunction and repair it while still operating.
Inexperienced Boat Operators
Boats are large vessels requiring extensive skill and experience. Boat operations by an inexperienced or underage individual can be a catastrophe. Although young operators must undergo a complete skills test, not all of them take the course.
An inexperienced operator needs help maneuvering the vessel or making the right decisions which can be dangerous for themselves and others using the waters.
Understanding the Boating Regulations
The Department of Wildlife provides free and comprehensive boaters guide for all individuals using the waterway. The organization requires all boat operators to follow strict regulations for passengers' safety.
Whether renting a boat or bringing your own, you must understand your safety obligations. This will include directions for boat operations in different situations. NDOW mandates that each passenger in a boat has a serviceable life jacket.
Additionally, the jacket must fit the intended people, including children. These regulations are for individuals who operate large boats and those on canoes, paddleboards, and kayaks.
Other boating regulations include:
Dangerous Boat Operations
For most waterways in Nevada, there is a maximum speed indicated for different types of boats. Going fast enough to create a wake in a no-wake zone is illegal/ Sometimes, weather conditions can make the situation dangerous, and the boat operator is expected to adjust accordingly. If an accident happens during unfavorable climatic conditions, the boat operator can be held liable for your injuries.
Another rule that must be followed in boat operations is the maintenance of the boats in proper conditions. A boat with malfunctioning parts is a significant hazard. Therefore, boat owners and rental companies must service the vessel regularly to avoid malfunction of components while on the water.
Boat Operation While Intoxicated
Boating, and driving are as dangerous as drunk driving. For this reason, it is unlawful to operate a boat under the drug or alcohol influence. If a boater operates with a blood alcohol content of 0.08% or more, they risk facing an arrest and charges for boating while intoxicated.
Familiarizing yourself with boating regulations after a boat accident allows you to understand the wrongdoings of boat operators and how they contributed to your accident. With this information, you can hold the individuals liable for your injuries.
Identifying Liable Parties for your Accident
After a boating accident, you can recover compensation for your injuries by filing a personal injury claim. Identifying the liable parties in your accident is a critical step toward filing and pursuing a claim. While some boating accidents result from unforeseen circumstances, the following parties could be held liable for your accident:
Boat Operator
Nevada has strict boating rules which prohibit negligent operations and boating while intoxicated, among other reckless acts. Additionally, the boat operator is responsible for ensuring that each passenger on a recreational boat has a functional life jacket at all times. If your accident and injuries result from these factors, you could file a claim against the boat operator.
Another factor that could cause the operator to be held liable for an accident is the failure to control the reckless conduct of passengers on the boat.
Owner of the Boat
When a reckless operation causes a severe boating accident, the boat owner could share the liability with the operator. Boat operators must be of a certain age and possess particular qualifications. If the boat owner loans the boat to an unqualified or unlicensed individual, you can file a claim against them.
Passengers on the Boat
Sometimes, boating accidents are caused by reckless behavior that prevents the operator from performing their duties. You file a claim or lawsuit against the alleged passenger in this case.
Boat Rental Company
A company that rents a boat must ensure that the boat carries the recommended weight. Additionally, they must carry out a proper inspection and repair any broken boat parts. A boating accident caused by a poorly maintained vessel may be blamed on the boating company.
Boat Manufacturers
Like motor vehicles, a boat manufacturer is responsible for producing quality parts. Failure of the boat engine motor or other components can result in malfunction and a severe accident. You can file a claim against a boat manufacturer for injuries caused by faulty boat parts.
After identifying the liable parties in your boat accident, you must move ahead to prove their liability. In Nevada, liability is based on negligence. Therefore, proving liability will involve establishing these elements:
- The defendant owed you a duty of care.
- The defendant breached the duty of care.
- The breach of duty was a significant factor in the accident.
- You suffered injuries as a direct consequence of the defendant's actions.
Begin the Boating Injury Claim Process
You can begin the claim process when you have undergone medical treatment and identified liable parties in your accident. Before you recover from your injuries, the insurance company of the fault parties may attempt to contact you with a compensation offer.
Mostly, these offers are outside your best interests and may be lower than what you deserve for your injuries.
When the insurance adjusters contact you, you should avoid offering any information about the accident. Additionally, you should not comment on your situation or injuries. Some boat accident claims are settled out of court.
In this case, your attorney will present the evidence of your claim to the insurance company quoting what you seek as compensation for your injuries. Insurance companies will always offer a lower counteroffer. Therefore, you must quote a high amount.
Most insurance companies are reluctant to offer compensation. Consequently, you can file a lawsuit in court if you are uncomfortable with the offer. Filing a personal injury claim gives all the authority to determine your compensation to the judge.
After reviewing your evidence and that of the defendant, the court decides on compensation. A successful boat accident compensation claim could result in the following compensation benefits:
- Cost of treatment and medical expenses. Boat accidents cause serious injuries. Therefore, your medical expenses make up a significant percentage of the compensation you will recover from your claim. Before the claim settlement, you may need to use alternative means to pay your medical bills and can recover after compensation.
- Loss of Income. While you recover from your injuries, you may not be able to go to work for weeks or even months. In your compensation, you can recover the lost wages. Your lost income may be from a monthly salary, self-employment, bonuses, or overtime pay. You can prove your loss by presenting a letter from your employer or past tax returns.
- Pain and suffering. The injuries from a boat accident can cause severe physical pain and psychological trauma. Although pain cannot be quantified, you can recover from the pain and suffering in your claim.
- Wrongful death. If a loved one dies in a boating accident, you can file a wrongful death claim and recover the cost of funeral and burial expenses.
Find a Competent Las Vegas Personal Injury Lawyer Near Me
A boating accident can cause severe injuries, death, and property damage. Some of the injuries resulting from these accidents are permanent and life-altering. In addition to spending a fortune on medical bills, you will miss out on work and sometimes be unable to return to work even after a full recovery. Since most accidents result from negligence, you can file a claim against the negligent parties.
A successful boating accident claim will see you recover compensation for your medical bills, lost wages, lost earning capacity, and wrongful death of a loved one. However, before you recover for these damages, you must deal with insurance companies and defendants who do not want to accept liability for their actions.
Hiring and retaining a personal injury lawyer throughout your boating accident claim is critical. Your lawyer will protect your rights and help you build a sting claim for maximum compensation. At Las Vegas Personal Injury Attorney Law Firm, we offer expert legal guidance to all our clients battling boating accident claims in Las Vegas, NV. Call us at 702-996-1224 today.
