Although Utah is landlocked, its beautiful lakes and reservoirs are a big draw for avid boaters. Whether you enjoy wake boarding, surfing, water skiing, fishing, or simply floating in a quiet cove with friends, spending time on a boat can play an important part in your family’s life. But when tragedy strikes, an accident can leave you with life-altering injuries.
Injury Smart Law is here to help you when you have been hurt because someone else was negligent. When you speak with a Utah boat accident lawyer from our firm, you can focus on healing while we handle the insurance details. We are ethical, engaged, and effective, and we work hard to secure the maximum compensation available to you.
Boats Are Big in Utah
Whether you boat in one of the many bodies of water around Salt Lake City and Odgen, love Lake Powell or you enjoy Sand Hollow Reservoir near St. George in the Southwest of Utah, you can find a thriving boating community in the Beehive State.
Although most visitors would not think of a desert area as home to a high number of watercraft, Utah takes boating seriously and has passed laws to protect its citizens on the water. Utah is one of only three states, along with Arkansas and Hawaii, to require boat insurance. Even coastal states do not insist on this measure to ensure boaters have financial recourse if they are injured.
Because Utahns spend so much time in the water, our state also ranks among the deadliest in the number of boat accidents. The hot summer months lead to an increase in collisions and other incidents, despite the generally good visibility and smooth waters. No matter your circumstances, if you have been in a crash involving any type of watercraft, you may benefit from speaking with the Injury Smart Law team and one of their Utah boat accident attorneys.
Boating Insurance Requirements and Claims in Utah
Utah requires all boats and personal watercraft to have owner or operator liability insurance when operating on Utah waters. This includes all vehicles over 50lbs used on any lake, reservoir, or river.
The minimum insurance requirements are:
- $25,000 of bodily injury coverage per person
- $50,000 of bodily injury coverage per accident
- $15,000 of property damage coverage
OR - $65,000 combined minimum per accident
Proof of insurance must be carried on the vessel at all times that it is in operation.
Boat Accidents Defined
“Boat” can mean a lot of things. When the US Coast Guard compiles its statistics around boating accidents, it includes a number of vessels: airboats, motorboats, canoes, houseboats, inflatable boats, kayaks, personal watercraft (such as JetSkis), pontoon boats, rafts, rowboats, sailboats, and even standup paddleboards. Boating accidents can include multiple vessels or be as isolated as someone falling from their own vehicle with no other involvement.
Because there can be a lot of factors to examine in a boat accident, it can be difficult to determine exactly what contributed to your injuries or property damage. For example, if someone falls from a boat while exiting to a dock, your boating accident attorney might ask the following questions:
- Did the driver dock closely enough to allow safe disembarking?
- Was the dock structurally sound?
- Did rain or spilled liquids make the dock surface slippery?
- Did another passenger or a bystander on the dock contribute to the victim’s fall?
- Was anyone involved under the influence of alcohol or drugs?
- Did the boat malfunction and contribute to the fall?
- Did another vessel collide with your boat and cause the fall?
- Did someone speed past in a no-wake zone and cause the boat to rock?
As you can see, there are a number of considerations for a boat accident of any kind. When more individuals and vessels are involved, the questions multiply, making even a run-of-the-mill insurance claim into a complex situation. Dealing with a crash where someone else is at fault for your injuries can bring legal issues you should not face without the help of Injury Smart Law’s boat accident lawyers in Utah.
Boating Accident Statistics
Boat accidents can include many types of injuries, such as drowning, head trauma, broken bones, cuts requiring stitches and even amputations. Engine-powered vessels have numerous components and chemicals that are extremely dangerous if not maintained properly. Add in an inattentive driver or an inexperienced swimmer, and the chance for tragedy skyrockets.
A recent Recreational Boating Statistics report from the U.S. Department of Homeland Security and the U.S. Coast Guard lists over 4200 boat accidents in that year alone (2017). This includes 658 deaths and over 2600 injuries. Within Utah, there were 1,237 boating accidents over the most recent reporting period, and over 46 percent of those occurred on Lake Powell alone.
The chances of being a victim of a careless or unskilled boat operator while enjoying a day on the water are incredibly high. When you have suffered injuries or boat damage from someone else’s negligence, you need a boat accident lawyer in Utah who understands how the laws and boating culture of our state combine for a strong case.
Frequent Causes of Boat Accidents in Utah
Inexperience and recklessness are the top causes of boating accidents. However, there are many more that can contribute to a crash and injuries:
- Driver not paying adequate attention
- No spotter or lookout for water-skiers or tube riders
- Inattentive spotter
- Malfunctioning equipment
- Insufficient or broken safety gear
- Passengers who fail to use safety gear
- Inexperienced swimmers or skiers
- Excessive use of alcohol or drugs
- Fatigue or heat exhaustion
- Excessive speeds, especially in a no-wake zone
- Failure to watch for other boats or swimmers
- Failure to yield the right of way
- Inexperienced driver
- Collision with boats, people, docks, buoys, or channel markers
These causes are often the basis for a personal injury claim. While you can sue individuals who contributed to the crash, there could also be a reason to pursue a boat or parts manufacturer if it is found that defective products led to the accident. A consultation with a Injury Smart Law boating accident lawyer can help you identify who may be at fault.
Your attorney will request supporting materials such as maintenance records, cellphone records, security camera video, photos and videos from witness cellphones or cameras, manufacturer production records, criminal and civil records of those involved, weather reports and water conditions, and Coast Guard inspection reports. This evidence can be used to show liability.
Personal Watercraft – Like Motorcycles on Water
Personal watercraft, such as a Jet Ski, Sea-Doo, or Waverunner, are fast, small, and extremely maneuverable, just like motorcycles are on highways. They are less expensive than larger vessels and easier to store, tow, and maintain. Like motorcycles, their speed and small size make them susceptible to dangerous accidents.
Personal watercraft lack the restraints or safety features that boats have, and it is easy to lose control of these powerful vehicles. Drivers sometimes go too fast and take chances around other boats, causing skiers to fall or swamping swimmers in their wake. Boats may swerve to avoid a personal watercraft and collide with other boats or watercraft.
A reckless personal watercraft operator can easily cause a boating accident without getting hurt themselves. If you were hurt as a passenger on one of these vessels because the driver was irresponsible, you could have a solid claim for the injuries you suffered.
Potential Value of a Boating Accident Claim in Utah
Every accident will be completely unique, with specific circumstances that dictate who is at fault and how much damage is caused. To understand more about the potential value of your claim, you should speak with the boat accident attorneys at Injury Smart Law. We are skilled in evaluating cases and determining what damages to pursue.
Personal injury cases involve compensatory losses for a range of injuries, such as burns, trauma, amputations, and brain damage. In addition to seeking reimbursement for medical bills and damage to your boat, you can seek to be made whole for non-economic losses such as the pain and suffering, or what we like to call human cost, that you experience.
In the case of a wrongful death, you can seek compensation for all of the deceased’s medical expenses, burial expenses, and the cost of facing a future without your loved one. The death of a parent leaves children without guidance and care, and the death of a child brings a lifetime of grief to their parents.
Other kinds of losses you can seek in any personal injury case include:
- Hospital and doctor bills
- Travel costs for treatment
- Lost income
- Reconstructive or cosmetic surgery
- Loss of earning potential if you are disabled
- Permanent disability
- In-home nursing care
- Physical and emotional rehabilitation therapy
- Repair or replacement costs for your vessel
- Emotional distress
- Loss of consortium
- PTSD
While you are trying to heal, it can be hard to focus on seeing all the potential bills you might face. Estimating what it will take to cover all your future care needs requires an experienced boat accident attorney in Utah so that nothing is left to chance. Injuries can be immediate or take time to appear. It is essential that you do not leave yourself open to future financial debt stemming from another person’s negligence.
How a Injury Smart Law Boat Accident Lawyer Can Help You
Because Utah requires owners and operators of watercraft to carry insurance, you may think having your bills paid is as simple as filing an insurance claim. However, using the coverage you have paid for can be challenging. Insurance carriers are in the business of making money and will push back to minimize or deny your claim.
Negotiating with insurance companies can be frustrating and overwhelming. You may be tempted to take the first offer and move on. A skilled attorney can ensure you get full compensation. Our team is committed to making sure you do not leave money on the table you need if you discover future injuries or damage.
Other ways that a Injury Smart Law boat accident lawyer can help you include:
- Gathering evidence of injuries and property damage
- Speaking with witnesses
- Establishing fault when others caused your accident
- Hiring an independent accident investigator
- Connecting you with doctors who specialize in treating your injuries
- Researching maritime law, physics, and forensics to determine how the accident happened
- Ensuring your insurance claim or personal injury lawsuit is filed accurately and on time
Our team will build your case to show who was negligent and how they contributed to the accident. We will help you estimate all the damages you are due and pull together the documentation to support our calculation. We are dedicated to getting you what you need to return to your life before the accident or adapt to your new one.
Utah Statute of Limitations on Boat Accident Lawsuits
Utah has a general statute of limitations for personal injury claims and lawsuits of four years from the date of the accident. This can vary somewhat depending on the circumstances, and your boating accident attorney can advise you on how it applies to your case. If you were hurt on Lake Powell, it is more difficult as Utah or Arizona law may apply, depending upon where you were on the lake. Arizona only has a two-year statute of limitations. Some situations may have shorter filing windows, especially if you are suing a government agency.
Act Now to Hire a Utah Boat Accident Lawyer for Peace of Mind
At Injury Smart Law, we are experienced, professional, and knowledgeable in all areas of maritime law and boating accidents. We navigate the complex details of insurance and lawsuit processes, so you do not have to. We value our clients and work hard to obtain the full compensation they deserve.
If you or a loved one has been injured on a body of water, you need help from a reputable Utah boat accident lawyer. We litigate tirelessly to protect your rights and give you peace of mind as you heal from your trauma and injuries. Do not wait to contact us for a free consultation with no risk and no obligation.
Contact us now by phone or use our convenient online form today.