Because Missouri doesn’t require boat owners to carry insurance, boating accident injuries in the state can cost thousands in hospital bills, property damage, and lost wages. If the accident is the other operator’s fault, you might be able file a claim against their insurance, or take them to court for bodily and property damages. Here’s how to determine fault in the accident and how you can get compensated because of it.
What do I do after a boating accident?
Immediately after a boating accident, you should check yourself, your passengers, and any people in the other boat for injuries. Exchange information, and get contact information for any witnesses. Take pictures, and keep any documents associated with the accident. Draw or write a description of the accident while the scene is still fresh in your mind.
You should then report the accident to the Missouri State Highway Patrol. Because boating laws vary from state to state and are sometimes different from federal maritime laws, the things that require you to report the accident may vary as well. Any accident-associated deaths must be reported within two days, but all other reports have five days. In Missouri, you must report a boating accident if:
- Someone dies
- Someone disappears
- More than $500 worth of property is damaged
- Anyone involved is injured such that they become unconscious, disabled for more than a day, or need medical care.
Seeking medical attention, even if you don’t think that you’ve been injured, is also critical. Seeing a doctor soon creates a trail of medical reports that you can file if you decide to file a claim or lawsuit against the other driver.
Who is at fault for my boating accident injury?
The general rule of boating accident injuries in Missouri is that if you intend to sue someone, they must be determined liable by negligence. Negligence refers to doing something that a reasonable person could assume would result in an accident, or failing to do something that could have prevented an accident.
Common examples of negligent boating might be operating the boat at unsafe speeds, operating a boat while intoxicated, not paying attention while steering, or not following the local boating laws. If your boat crashed because of a wake that another boat made, the other operator could still be at fault. When wakes are created in a marina or other wake-free area, the other operator’s negligence is still responsible, despite the other boat not being physically in the accident.
In addition to determining fault, to win a lawsuit you must establish the other operator was acting negligently, the negligence caused the accident, the accident caused your injury, and the operator owes you a duty of care.
It’s also important to remember that you don’t necessarily have to file a suit against the other boat’s operator. In some cases, a passenger might file a claim against the operator of the boat they were in, if the operator was acting negligently and caused an accident.
What if I was at work on the boat?
Workers’ compensation insurance should apply in this situation. Workers’ comp can be beneficial, because unless you were breaking the law or intoxicated, you should receive compensation even if the accident was your fault.
Workers’ compensation provides about two-thirds of an injured worker’s average income, covers doctor visits and emergency care, and will often cover required, out-of-pocket medical expenses.
How will I be compensated?
Missouri follows comparative negligence laws when it comes to personal injury lawsuits. In some states, being even the smallest percentage responsible for the accident means you have no claim. Comparative negligence, however, means that you’ll be financially responsible for whatever percent liable you’re determined to be.
For example, for back injuries while boating, you might decide to file a claim against the other individual’s insurance. When you learn that they have no insurance, you decide to pursue a lawsuit to receive damages that you might expect to earn from an average boating accident settlement. This includes:
- Past and future lost wages
- Pain and suffering
- Property damage
- Medical bills
- Other boat accident injury-related expenses.
Because the other operator had been drinking while steering the boat, you know that they’re at fault. Unfortunately, you chose the moment the accident occurred to check your phone, taking your eyes off the water and losing focus. If you had been paying full attention, perhaps you could have avoided the accident. The judge determines you are 10% responsible for the accident. This means you are 10% responsible for the financial damages, while the other boat operator is responsible for 90%.
For more information
If you’ve been injured in a boating accident, you deserve compensation. At Missouri Injury Recovery, we’ll help you navigate insurance, help prove the other party’s liability, and be prepared to take your case to trial. Contact us today at (866) 659-6318 for more information, or submit this form to know what your case is worth.
