According to a report by the Coast Guard, in 2017 alone, 4291 recreational boating accidents occurred, causing 2629 non-fatal injuries and 658 deaths. Sadly, several of these accident cases were due to the operator's negligence or inexperience, which is preventable. Like a car collision, a boating accident can be confusing and frustrating, especially if it is the first time it has happened to you.

While a boating accident can make you panic, it is important to remain collected and calm. Based on these statistics, it is clear that a boating accident will often result in severe injuries. Hence, knowing what to do after a boating collision or accident can save you and other passengers from sustaining more severe injuries.

Your immediate steps after a boating accident can also determine whether you will receive compensation for your losses and property damage. Read on to learn the helpful steps you can take to protect your best interests after a boating accident.

Vital Steps to Take After a Boating Accident

While every case is unique, the following steps can help protect your best interests legally and medically after a boating accident:

Prioritize Safety and Medical Attention

The first step after any boating accident is seeking medical attention and ensuring everyone is safe. Sometimes, a boating accident can make onboard passengers fall into the water. When that happens, you should prioritize helping the person climb back onto the vessel or boat.

Provided your boat is still afloat and everyone is still onboard, your priority should be keeping the vessel out of harm's way to avoid worsening the situation. After that, you should check whether you or anyone on the boat has sustained an injury.

If any person on the boat has an injury, call 911 for immediate medical treatment. Some of the injuries you can sustain in a boating accident include (but are not limited to):

  • Whiplash
  • Spinal cord injuries
  • Soft tissue damage
  • Brain trauma
  • Bone breakages

As you wait for medical assistance, you can utilize the emergency medical kit on the boat to provide first aid to any person with a severe injury. Even if you feel okay in the aftermath of a boating accident, you should seek medical attention because some injuries and symptoms are not revealed until it is too late.

Your doctor will help determine whether you have an internal injury you cannot detect with your naked eyes for appropriate medical attention.

Report the Accident to Coast Guard

Even if no medical assistance is needed, it is important to report a boating accident to the Coast Guard as soon as possible. The Coast Guards require you to report a boating accident, particularly if it results in the following:

  • Property damage worth $2000 or more
  • Missing person or fatality
  • A severe injury that necessitates more than just first aid
  • A destroyed boat

The Coast Guard will want to know your location and the severity of the collision or accident. Be clear when speaking with them and answer all the questions they will ask honestly and intelligently. While reporting your accident to the Coast Guard is vital, you do not have to provide information about what you suspect could have led to the accident.

Even if you believe the accident was partially due to your negligence, do not apologize or say anything that could show your acceptance of liability to stay on the safe side of the law.

Document the Accident and Gather the Necessary Evidence

While the Coast Guards will document the accident once they arrive at the scene, you should also do the same because their report can lack vital information that could strengthen your compensation claim. Below is helpful information you should collect after a boating accident:

  • Contact and address details of the people involved in the accident, including eyewitnesses, passengers onboard, and other operators
  • Talk to operators involved and obtain registration and insurance details of their boats
  • Talk to a few eyewitnesses to know if they have pictures or videos of the accident as it was occurring
  • Use your phone to capture pictures and videos of the accident scene, including the position of the vessels involved and your injuries, regardless of their severity
  • Receipts of your medical treatment costs from the date of the accident

Having the above information on hand can prove helpful down the road during your insurance claim or civil lawsuit against the at-fault party. For instance, the contact details of a witness could come in handy if you need any of them to testify in a civil lawsuit against the at-fault party for the best possible outcome on your claim.

Notify Your Insurer About the Boating Accident

After a boating accident or collision, it is important to notify your insurer about the incident if you are the vessel's owner or operator. Regardless of who you believe could be liable for the accident, notifying your insurer about the accident is important because there are chances that you will have to turn to them for compensatory damages.

The other parties' insurance adjusters could also contact you shortly after the accident. When speaking to them or your insurer, you should be cautious not to reveal any information that could compromise your chances of obtaining maximum compensation.

Hire a Dependable Personal Injury Attorney

Immediately after leaving the boating accident, you should search for a dependable personal injury attorney to represent your best interests and help you understand your legal options. The sooner you contact an attorney after a boating accident, the better to help you gather "fresh" evidence that could be helpful on your compensation claim later.

Your attorney will investigate the details of your unique boating accident and interview eyewitnesses to determine what could have probably led to the accident for the appropriate cause of action against the liable party.

Before deciding on the attorney to hire after a boating accident, scheduling consultations with several attorneys would be a brilliant idea to identify the best and most reliable attorney for your unique case. Here are top notch factors to consider during your “hunt” or search for a reliable boating accident attorney for your case:

  1. The Attorney's Qualification

While this seems like an obvious factor to consider when looking for an attorney, most people make assumptions that their prospective attorney is qualified. The best way to know whether your attorney is qualified is by asking him/her to provide you with a copy of his/her qualification credentials during your first consultation.

If he/she does not have qualification credentials ready or perhaps he/she is reluctant to provide you with them, you should consider that a red flag about his competency.

  1. The Attorney's Experience

Undoubtedly, one of the most critical factors to consider when hiring a personal injury attorney is their experience handling injury-related cases. When dealing with a legal issue that involves injury or property damages, chances are you will need to seek a settlement or file a lawsuit to obtain compensation for your losses.

For that reason, you need someone with significant experience handling and representing clients with similar cases for the best possible outcome on your claim.

  1. The Attorney's Location and Accessibility

Because personal injury laws vary from state to state, it is important to know your prospective attorney's location before making any significant commitment with him/her. Ensure the personal injury attorney you will hire for your boating accident has a physical office within your town or city since you would need to visit him/her to discuss your case's progress in person.

If your injuries are severe, you could also need your attorney to travel wherever you are to start preparing your claim as soon as possible. When you hire an attorney who lives far from you, chances are he/she could miss or fail to attend necessary court hearings or settlement negotiations, diminishing your chances of obtaining adequate compensation for your losses.

  1. The Attorney's Availability

Your attorney's availability determines the maximum time he/she will dedicate to your unique case. When determining whether your attorney will be available for your case to obtain maximum compensation, you should consider the following factors:

  • Whether the attorney is easy to contact or speak with whenever you have an issue about your case
  • Whether the attorney has other ongoing injury cases at hand
  • Whether the attorney replies to your texts and emails promptly

  1. The Attorney's Reputation

An attorney with credible services will have his/her reputation precede him/her. Hence, hearing opinions from his/her past clients could help gauge his/her reputation and abilities. The best place to learn about your prospective attorney's reputation is by reading his/her past client reviews on his/her website.

If your prospective attorney has more negative reviews than positive ones, you should consider looking for a different attorney.

File Your Insurance Injury Claim

If another person's negligence was the cause of your boating accident, your attorney could help you pursue the compensation you are entitled to from his/her insurance provider. To initiate the settlement negotiation process, your attorney will prepare a demand letter outlining the liable party and the monetary value of your claim, which he/she will send to the at-fault party insurer.

Depending on how busy the insurance adjusters of the at-fault party are, you could receive a reply within two to three weeks after sending your demand letter. While insurance providers have a legal obligation to act in good faith when responding to their customers' claims, there is no guarantee the other party insurer will bow down to your demand without a blow.

The at-fault party insurer could deny your claim by arguing their customer was not at fault or give you a low settlement offer. Other reasons that can make your insurer or the at-fault party insurer deny your claim after a boating accident include:

  1. Failing to File Your Compensation Claim Promptly

Most insurance providers will require you to file your claim immediately after the accident to enable their adjusters to investigate the case before evidence becomes muddled or eyewitnesses disappear. If you have an attorney, he/she can help you prepare and file your claim as you receive the necessary medical treatment for the injuries sustained.

  1. Delayed Medical Care

Even if the boating accident was not severe, seeking immediate medical attention is vital to help determine the severity of any injury you could have on your body. If you delay seeking medical attention after a boating accident, your insurance provider could be suspicious about your claim.

However, you can avoid this by working with a skilled and experienced personal injury attorney as soon as possible. An experienced attorney will help you understand your options after a boating accident to increase your chances of obtaining maximum compensatory damages for your losses.

If the insurance provider you are dealing with denies your compensation claim, your attorney can ask them to explain their reasons for the denial in writing. Understanding the reasons for your claim denial is important because you would need to appeal their decision later for the best possible outcome.

Compensatory Damages You Could Recover if Your Claim is Successful

Like a car accident, you have an entitlement to adequate compensatory damages if you have sustained an injury or incurred property damage in a boating accident which was not your fault. Depending on your unique case's facts, you could receive compensatory damages for the following possible losses:

  • Medical expenses
  • Physical therapy costs
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Loss of enjoyment in life
  • Disfigurement
  • Boat repair costs

Unfortunately, when you lose a loved one in a boating accident, as the surviving family members of the bereaved, you could also qualify for damages for the following types of losses in a wrongful death claim:

  • Funeral and burial costs
  • Loss of companion

Find a Boating Accident Attorney Near Me

If you have more questions about what to do after a boating accident or want to begin your compensation claim process, speaking with an attorney could help. Hiring a competent attorney increases your odds of obtaining the compensation you deserve for all your losses after a boating accident.

At Jacksonville Personal Injury Attorney, we comprehend how stressful and emotional it can be to pursue your damages after a boating accident. If you or a loved one has sustained injuries or incurred property damage in a boating accident, our reputable attorneys can help you hold the liable party accountable.

Call us at 904-800-7557 to discuss your case with our understanding personal injury attorneys as soon as possible. Our commitment is to obtain the fair compensatory damages you deserve in your boating accident case.