Exton Boating Accident Lawyer

Boating accidents can lead to serious injuries and financial hardship. If negligence played a role in your boating accident, Kingbird Legal is here to help. Our Exton boating accident lawyer will fight for the compensation you deserve. Call 484-289-4880 today for a free consultation.

Steps to Take When Filing a Boating Accident Claim in Pennsylvania

Boating accidents can happen in the blink of an eye, and they often lead to serious injuries or even fatalities. Whether you were injured as a result of a collision, defective equipment, or operator negligence, it’s important to understand how to handle the legal and financial aspects of a boating accident claim in Pennsylvania.

Understanding Boating Accidents in Pennsylvania

Boating accidents occur on Pennsylvania’s rivers, lakes, and other waterways, which see high traffic, especially during the warmer months. Boating accidents can involve collisions with other boats, capsizing, falls overboard, or crashes into stationary objects. The injuries resulting from these accidents can range from minor cuts and bruises to more severe injuries like broken bones, head trauma, spinal injuries, or even death.

Pennsylvania has specific laws governing boating accidents, and the state takes these incidents seriously. Filing a claim after a boating accident can help you recover compensation for your injuries, medical expenses, lost wages, and pain and suffering.

How to File a Boating Accident Claim

The process of filing a boating accident claim can be complex, especially if you’re dealing with injuries. However, knowing the steps involved can make the process easier to navigate. Here are the steps you need to take after a boating accident to file a claim:

Ensure Immediate Safety and Seek Medical Attention

The first priority after any boating accident is safety. If you or others involved in the accident are injured, get immediate medical attention. Even if you don’t feel hurt right away, it’s important to be evaluated by a healthcare professional, as some injuries, such as internal injuries or head trauma, may not be immediately apparent.

If you’re able to, make sure the boat is safely secured to prevent further accidents. If the boat is still in the water, get to a safe location. Always put on a life jacket if one is available.

Report the Accident to the Authorities

In Pennsylvania, any boating accident resulting in injury, death, or property damage over $2,000 must be reported to the Pennsylvania Fish and Boat Commission (PFBC) within 48 hours. If there’s a fatality, the accident must be reported within 24 hours.

The authorities will investigate the accident and prepare a report. This report can be crucial when filing a claim, as it provides an official record of what happened and can help determine who was at fault. Be sure to cooperate with law enforcement and provide accurate information.

Document the Scene of the Accident

As soon as you are able to, document everything about the accident. Take photographs of the accident scene, the boats involved, any visible injuries, and any property damage. Gather the names and contact information of any witnesses. If there are any other boaters involved in the accident, get their contact information, insurance details, and boat registration numbers.

If there is any debris, hazardous conditions, or weather-related factors involved in the accident, make sure these are documented as well. This documentation will be essential for building your case.

Identify the Responsible Party

Boating accidents can occur due to a variety of reasons. The responsible party may be the boat operator, the manufacturer of a defective part, or even a property owner if the accident occurred near their dock or land. In some cases, both parties may share fault.

Operator Negligence: This could involve speeding, failure to adhere to safety regulations, distracted driving, or operating the boat under the influence of alcohol or drugs.
Defective Equipment: If a mechanical failure or malfunction was the cause of the accident, the manufacturer or party responsible for maintenance may be liable.
Premises Liability: If the accident occurred due to unsafe conditions on a dock or in a designated boating area, the property owner could be held accountable.

Determining the cause of the accident and identifying the at-fault party is critical to the success of your claim.

Contact Your Insurance Company

If you have insurance that covers boating accidents, you should notify your insurance company about the incident as soon as possible. Depending on the specifics of your policy, you may be able to file a claim through your own coverage, even if you were not at fault for the accident.

If the other party is responsible for the accident, their insurance should cover your damages. However, it’s important to contact your attorney before speaking with the other party’s insurance company. Insurance adjusters may try to minimize your claim, and it’s best to have legal representation to protect your interests.

Consult with a Personal Injury Lawyer

Boating accident claims can involve complex legal issues, and having an experienced personal injury lawyer on your side can make a significant difference. A lawyer will help you gather the necessary evidence, deal with insurance companies, and ensure you are treated fairly throughout the claims process.

Your attorney will evaluate the specifics of your case, including medical records, accident reports, witness statements, and any other relevant information, to determine the strength of your claim and the potential compensation you may be entitled to.

File a Lawsuit if Necessary

If negotiations with the insurance companies don’t result in a fair settlement, you may need to file a lawsuit. Your lawyer will assist you in preparing and filing the necessary legal documents, including the complaint and any supporting evidence. A lawsuit can take time, but it can also result in greater compensation if the case is successful.

Keep in mind that in Pennsylvania, you must file a lawsuit within two years from the date of the boating accident, or you risk losing your right to pursue compensation. This is known as the statute of limitations, and it’s crucial to adhere to this time frame.

Negotiate a Settlement or Go to Trial

In many cases, personal injury claims are settled before they go to trial. Your lawyer will negotiate on your behalf with the responsible party’s insurance company to reach a fair settlement. However, if a settlement cannot be reached, your case will go to trial, and a judge or jury will determine the outcome.

The settlement or trial outcome will likely cover medical expenses, lost wages, pain and suffering, and other damages related to the accident.

Damages You May Be Entitled To

If your claim is successful, you may be entitled to various forms of compensation, including:

Medical Expenses: Coverage for current and future medical costs related to your injuries, including hospital stays, surgeries, rehabilitation, and prescriptions.
Lost Wages: Compensation for income you have lost due to the accident, including time missed from work.
Pain and Suffering: Compensation for the physical and emotional pain caused by your injuries.
Property Damage: If your boat or other property was damaged in the accident, you may be able to recover the costs for repairs or replacement.
Punitive Damages: In cases of gross negligence, you may be entitled to additional punitive damages to punish the responsible party and deter future misconduct.

Navigate Your Legal Journey with an Exton Boating Accident Attorney

Filing a boating accident claim in Pennsylvania can be a complex process, but by following the proper steps and seeking the help of an experienced personal injury lawyer, you can ensure that your rights are protected. Whether the accident was caused by operator error, mechanical failure, or hazardous conditions, it’s important to take action quickly to preserve evidence and meet any legal deadlines. Kingbird Legal is ready to assist. Call 484-289-4880 today for a free consultation and let us fight for your rightful compensation.