Everyone knows how dangerous car accidents are, but what about boating accidents? These lesser-known incidents are still a notable threat to Phoenix residents. The best way to protect yourself legally and financially in the event of a boating accident is to contact a personal injury lawyer in Phoenix.
The boating accident lawyers at Esquire Law, personal injury law firm in Phoenix, are your trusted legal advocates. We have the skills and resources required to negotiate with big insurance companies, ensuring you receive a fair settlement. No matter the complexities of your case, you can count on us to fight tooth and nail to achieve the best possible results.
What You Should Know About Boating Accidents in Phoenix
One hundred twenty-four boating accidents were reported in Arizona in 2022, with 12 of them being fatal and resulting in 13 deaths. Unfortunately, most boating accidents are the result of a negligent operator. Common examples of negligence on the water include:
- Reckless operation
- Failure to maintain a lookout for other boats or swimmers
- Failure to yield the right of way to other boats
- Excessive speeding
- Making sharp turns
- Dangerous or defective components
- Equipment failure
- Failure to judge the position or speed of other boats or swimmers
- Not paying attention
- Inexperienced operator
- Unlicensed operator
- Alcohol or drug use
Knowing your legal rights after a watercraft accident is crucial. This information enables you to fight for your rights, ensuring no one takes advantage of you in a stressful situation. Plus, you know how to push back against insurance companies to get the compensation you’re entitled to.
Types of Common Boating Accidents in Phoenix
Boating accidents in Phoenix can vary in nature, but they often stem from operator negligence or failure to follow basic safety guidelines. Some of the most common types of boating accidents include:
- Collisions with Other Vessels: These accidents occur when one vessel strikes another, often because of operator inattention, failure to yield the right of way, or lack of proper lookout. The result is frequently serious, with victims suffering from broken bones, head injuries, and spinal cord damage.
- Capsizing and Falls Overboard: Sudden shifts in weight or rough water conditions can cause boats to capsize or passengers to fall overboard. These accidents can lead to drowning, hypothermia, or severe trauma, especially when the person is unable to get back on board.
- Boating Under the Influence (BUI): Much like driving under the influence, operating a boat while impaired by alcohol or drugs is a significant risk factor. BUI accidents often lead to severe collisions, high-speed crashes, and uncontrollable maneuvers. Arizona’s strict BUI laws hold impaired operators accountable, and victims of such accidents may face heightened liability for the at-fault party.
- Propeller Strikes: These accidents occur when someone falls into the water or comes into contact with the moving propeller of a boat. Propeller strikes are incredibly dangerous and can lead to severe lacerations, amputations, or death.
- Equipment Failure: Mechanical issues like engine failure, fuel line leaks, or problems with steering equipment can lead to crashes or uncontrollable drifting. The consequences of equipment failure can range from minor injuries to catastrophic accidents, particularly if the boat drifts into another vessel or a hazardous area.
Boating accidents may be less common than car crashes, but their consequences can be just as devastating.
What to Do After a Boating Accident
Even minor boat accidents are scary. When your mind is filled with fearful or anxious thoughts, it’s hard to think clearly. This reality can cause you to take some missteps that might result in lost compensation.
If you know what to do ahead of time, it can make things less stressful at the time of the incident. If you’re ever involved in a boating accident, here’s what you should do to protect yourself and your chances of claiming compensation.
- Nothing matters more than your safety. Get to dry land, and see if anyone—including yourself—needs immediate medical attention.
- If anyone needs emergency medical assistance, call 911. First responders will arrive at the scene to administer medical care.
- Take photos and videos of the accident, and gather statements from any eyewitnesses. We also recommend taking detailed notes of what happened. The more time that passes, the foggier your memory will become.
- Even if you don’t need emergency medical attention, you should still seek medical care before heading home. Doing so will do one of two things: rule out any injuries or identify underlying injuries that would have gone unnoticed. Documentation of injuries is a crucial piece of evidence in boating accident cases.
- Notify law enforcement about the accident. Officers will arrive at the scene to gather witness statements and complete the official police report. Obtain a copy of this report for future reference.
- Contact a boat accident lawyer before doing anything else. This lawyer will make sure you understand your legal rights and options moving forward.
- Now you can notify your insurance company about the accident. An adjuster will contact you after the initial call to gather more information about the incident. Don’t share any details your lawyer advised you not to.
Phoenix Boating Accident Laws and the Role of Comparative Negligence
When it comes to boating accidents in Phoenix, Arizona operates under a comparative negligence system. This means that if both parties share fault in an accident, your compensation can be reduced based on your percentage of responsibility. For example, if you were speeding while another boater failed to signal, both actions could contribute to the incident. The court would assess the fault of each party and adjust the damages accordingly. Arizona allows recovery even if you are partially at fault, but proving negligence can be complicated. If alcohol, poor lookout, or unsafe maneuvers were involved, your lawyer can help strengthen your case and maximize your compensation, even if you share some responsibility.
Arizona’s Boating Under the Influence (BUI) laws mirror DUI penalties, making accidents involving alcohol or drugs more severe for the responsible party. The state also requires reporting boating accidents to the Arizona Game and Fish Department if someone is injured or if property damage exceeds $500. Failing to report an accident can hurt your case, so it’s critical to file the necessary reports within 48 hours.
Additionally, Arizona’s statute of limitations for personal injury claims, including boating accidents, is two years from the date of the accident. For wrongful death claims, the deadline is also two years from the date of death. Missing this deadline could bar you from pursuing compensation, making it essential to consult with a personal injury attorney as soon as possible.
Navigating the complexities of Arizona’s boating laws and comparative negligence system can be challenging. An experienced lawyer can help ensure you meet legal deadlines, gather evidence, and maximize your compensation while protecting your rights throughout the process.
Legal Rights and Compensation
Boating accident victims have a legal right to recover compensation from the person or entity who caused the accident. This person must tie their losses directly to the accident. Here’s a breakdown of the criteria that must be met to establish negligence and determine fault.
- Duty: The defendant owed the plaintiff a duty of care.
- Breach: The defendant breached their duty of care to the plaintiff.
- Causation: This breach caused the plaintiff’s injuries.
- Damages: The plaintiff suffers some form of identifiable harm—whether physical, psychological, or financial—as a result of their injuries.
Available Compensation
Victims can be compensated for both economic and non-economic damages. Economic damages are monetary losses like medical bills while non-economic damages, such as emotional trauma, cannot be calculated in monetary terms. Here are some examples of economic and non-economic damages associated with boating accidents.
Economic Damages
- Medical bills
- Boat repairs
- Lost income
- Lost employment
- Rehabilitative care
Non-Economic Damages
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Psychological trauma
- Loss of companionship or consortium
How Compensation Is Calculated
Compensation is calculated by adding the total of economic and non-economic losses. Key factors that affect how much compensation a party can receive include:
- Fault determination
- The extent of the injuries and property damage
- How skilled one’s attorney is
When calculating your losses, be sure to include all past, present, and future costs associated with the accident. Doing so will ensure you are compensated fairly and aren’t left with out-of-pocket expenses.
Hear From Satisfied Clients
“Excellent and professional people! Kyle Allen was so helpful and patient during an extremely stressful time. 10/10 would recommend!!”
-Ana Ceballos
“I spoke with Esquire Law about an accident I had that the police placed me at fault. I wasn’t really expecting it to go anywhere, but they took my case, and in no time they had a settlement offer for me. The settlement was way more than I expected. They were friendly and actually cared about me. I am grateful for the work they did and will recommend them to everyone.”
-Daniel Engstrom
“Esquire Law’s Salt Lake office did EVERYTHING for me from the first phone call. Hassle-free, easy, and empathic. Everything was straight to the point and they recovered a great settlement. Would definitely recommend!!!”
-Tonya Youngberg
“Alan and the team in the Esquire Law Salt Lake office were great. I never thought I would have to hire an attorney, but when I had to, I’m glad I went with Esquire Law. He was upfront and his team was compassionate and made me feel like they cared about me and not about settlement fees! You will not be disappointed in how they treat you and what they can and can’t recover for you. I would recommend them to everyone!”
-Jayden Anderson
Choosing the Right Boating Accident Lawyer in Phoenix
If you want the best chances of having a successful claim and securing maximum compensation, you need a skilled lawyer. A reliable boating accident attorney will:
- Have experience: You want an attorney who has experience representing other boating accident victims. They’ll understand the challenges involved in these cases and how to overcome them.
- Have a high success rate: Past success is a key indicator of future success. The more wins your lawyer has under their belt, the more likely they are to bring your case across the finish line.
- Be approachable: An attorney is more than just a legal resource. They’re also a support system for people living through a difficult time in their lives. The best lawyers know how to support the legal and emotional needs of their clients.
Boating Accident FAQs
What should I do after a boating accident?
Here’s what you should do if you get into a boating accident:
- Get to safety
- Seek immediate medical attention
- Notify the police
- Seek medical care
- Contact a Phoenix boating accident lawyer
- Notify your insurance company
Why do I need a Phoenix boating accident lawyer?
An experienced boating accident lawyer will help you:
- Understand your legal rights and options
- Calculate your losses
- Investigate the accident
- Gather evidence
- Determine fault
- File paperwork
- Negotiate a settlement
- Represent your case in court
Who is liable for a boating accident?
There are many potentially liable parties in a boating accident. The responsible party could be another boat operator, a manufacturer or supplier, a boat rental or excursion company, or another individual or entity. It all hinges on the details of your case.
How long do I have to file a claim?
The statute of limitations in your state determines how much time you have from the date of the boating accident to file a claim against the alleged at-fault party. Arizona’s statute of limitations for personal injury claims is two years.
What causes boating accidents to occur?
Negligence is the primary cause of boating accidents. Additional causes include:
- Reckless operation
- Failure to maintain a lookout for other boats or swimmers
- Failure to yield the right of way to other boats
- Excessive speeding
- Making sharp turns
- Dangerous or defective components
- Equipment failure
- Failure to judge the position or speed of other boats or swimmers
- Not paying attention
- Inexperienced operator
- Unlicensed operator
- Alcohol or drug use
Am I required to report a boating accident?
Arizona boat operators must submit a written report of a boating accident to the Arizona Game and Fish Department within 48 hours of the incident if anyone is injured in a boat accident or dies. The operator must also report the incident if a vessel or other property sustains more than $500 in damage.
What damages can I recover after a boating accident in Arizona?
If you’re the victim of a boating accident, you can seek compensation for any economic and non-economic damages it caused. Before seeking damages, however, you must prove another party acted negligently or recklessly and that their accident caused your boat accident injuries or property damage.
Contact Esquire Law for a Free Case Evaluation
Esquire Law is the name Phoenix residents trust to help them after a boating accident. We can handle your entire case online and over the phone, so you don’t have to adjust your already busy schedule to meet with us in person. Plus, our contingency fee basis means you won’t pay us a dime until we win your case. Don’t wait to secure the compensation you deserve. Contact us today to get started with a free consultation and case evaluation.