Wilmington, NC, with its proximity to the coast and numerous waterways, is a popular spot for boating enthusiasts. However, the risk of boating accidents is high due to factors such as inexperienced operators, speeding, and alcohol use. These accidents can result in devastating consequences, including drowning, head trauma, and spinal cord injuries. The lack of protective barriers and safety measures on boats makes these incidents particularly dangerous, often leading to life-altering injuries or fatalities.
At Flexner Houser Injury Law, our boat accident attorney in Wilmington is relentless in the pursuit of justice for victims. We won’t let negligent boat operators or their insurance companies get away with lowball settlement offers or unfair tactics. Our personal injury lawyer in Wilmington has the skill, experience and resources to hold the defendants accountable and fight for fair compensation on your behalf. You won’t pay us a dime unless we win – that’s our commitment to you.
Our Boat Injury Lawyer in Wilmington Can Prove the Liability of Negligent Parties
Our Wilmington boat accident attorneys at Flexner Houser Injury Law are committed to building a robust case for damages. We will move fast to collect evidence to establish the liability of the boat owner, operator, and any other negligent parties. Evidence includes:
Accident Reports
We will obtain detailed accident reports from local law enforcement or the U.S. Coast Guard, which outline the circumstances of the accident, identify the parties involved, and note any violations of boating regulations.
Eyewitness Statements
Gathering accounts from witnesses who saw the accident unfold is crucial. We will interview these individuals to capture their observations, which can provide valuable insights into the events leading to the accident.
Photographs and Videos
Visual evidence is vital in these cases. Our team will collect photographs and videos of the accident scene, damage to the vessels, injuries sustained, and any relevant environmental conditions (like weather and water conditions) that may have contributed to the accident.
Operator’s Records
We will request the boat operator’s records, including their boating license, safety course completion, and any previous violations or incidents, to evaluate their qualifications and adherence to safety regulations.
Alcohol and Drug Test Results
If impairment is suspected, we will secure any available drug or alcohol test results conducted shortly after the accident to assess if the operator was under the influence.
GPS Data and Navigational Logs
We will obtain the GPS data and navigational logs from the vessel’s systems to analyze the boat’s speed, heading, and maneuvers before the accident, helping us to reconstruct the events leading to the incident.
Surveillance Footage from Surrounding Areas
We will look for surveillance camera footage from nearby businesses or docks that may have captured the accident or the actions of the vessels involved. Together with other evidence, surveillance footage can help establish how the accident occurred.
Maintenance and Inspection Records
We will investigate the maintenance and inspection records of the vessel to determine if negligent upkeep may have contributed to the accident, such as failure to repair equipment or address safety concerns.
Expert Testimony
Hiring marine safety professionals, accident reconstructionists, and other experts can enhance our case by providing specialized knowledge about boating safety, operator behavior, and technical aspects of the accident.
Weather Reports
Collecting historical weather data for the day of the accident can help establish if boating in hazardous environmental conditions, such as high winds, poor visibility, or rough waters, played a role in the incident.
Medical Records
Documenting the extent of injuries and treatment through medical records is essential. We will collect these records to substantiate your claims for damages related to medical expenses, rehabilitation, and ongoing treatment.
Common Boat Crash Injuries Our Wilmington Boat Crash Lawyers Have Experience With
At Flexner Houser Injury Law, our dedicated Wilmington maritime lawyer will pursue damages for your medical expenses, lost wages, and pain suffering for the following types of injuries, and more.
Head Injury: Traumatic brain injuries (TBIs) result from impacts with hard surfaces or ejections from the vessel and can lead to long-term cognitive and physical impairments.
Spinal Cord Injury: Damage to the spinal cord in a boat crash can result in partial or complete paralysis, affecting mobility and sensation.
Back Injury: Injuries to the back, including herniated discs and muscle strains, can cause chronic pain and limit mobility in boating accidents.
Burn Injury: Burns from contact with hot surfaces, flammable materials, or explosions can result in severe skin damage and require extensive medical treatment.
Internal Injury: Blunt force trauma in a boat crash can lead to internal bleeding and damage to vital organs, posing life-threatening risks.
Broken Bone Injury: Fractures and breaks in limbs can be caused by collisions or falls, often requiring surgery and rehabilitation.
Drowning: Injuries sustained during an accident can result in drowning, especially if individuals are ejected from the boat and unable to swim.
Whiplash: Sudden stops or impacts can cause whiplash, leading to neck pain and long-term discomfort.
Lacerations: Cuts and abrasions from sharp objects on the boat or debris in the water can lead to infections and significant blood loss.
Amputation: Severe boating accidents can lead to the loss of limbs from impacts or machinery malfunctions.
Hypothermia: Exposure to cold water during an accident can lead to hypothermia, a life-threatening condition that requires immediate medical attention.
Key Causes of Boat Accidents in Wilmington, NC
Our Wilmington boat crash lawyers will identify the causes behind your boating accident and hold the negligent parties liable. Key causes include:
Operating While Distracted: Distractions, such as using a phone or personal grooming, can divert attention from safe boating practices.
Drunk Boating: Operating a boat under the influence of alcohol or drugs impairs judgment and reaction times, significantly increasing the risk of accidents.
Excessive Speed: Speeding reduces the boat operator’s ability to react to obstacles and increases the severity of collisions.
Reckless Boating: Dangerous maneuvers during boating, racing or chasing other boats, or boating in storms and high winds, can lead to serious accidents.
Operator Inexperience: Inexperienced boat operators may struggle with navigation and boat handling, leading to accidents.
Inadequate Safety Equipment: Lack of life jackets, flares, and other safety gear can increase the severity of accidents and reduce survival chances.
Improper Navigation: Failing to follow navigational rules or markers can lead to collisions with other vessels or fixed objects.
Mechanical Failure: Malfunctioning equipment, such as engine failures or steering issues, can result in loss of control and accidents.
Overloading: Exceeding the boat’s weight capacity can compromise stability and increase the risk of capsizing.
Failure to Maintain the Vessel: Neglecting regular maintenance can lead to breakdowns and safety hazards on the water.
Boating in Hazardous Waters: Navigating in shallow or congested waters increases the likelihood of collisions and grounding incidents.
Boating in Poor Visibility: Low visibility due to fog, rain, or darkness can hinder the operator’s ability to see obstacles or other vessels.
Our Wilmington Boat Accident Law Firm Can Answer All of Your Boat Accident Questions
Immediate Concerns After a Boat Accident
What should I do immediately after a boating accident?
After a boating accident, prioritize safety by checking for injuries among all passengers and calling for help if necessary. Move to a safe location if possible, but do not leave the scene. Document the incident by taking photos of the boat, injuries, and any damages. Collect names and contact details of other parties involved. Seek legal advice from our Wilmington boat accident attorneys as soon as possible.
Should I call the Coast Guard or local authorities after a boating accident?
Yes, it is important to notify the Coast Guard or local authorities after a boating accident, especially if there are injuries or significant property damage. Reporting the incident ensures that a proper investigation can occur and any necessary medical assistance can be dispatched. Moreover, a police report can serve as valuable evidence for any personal injury claims related to the accident.
Insurance and Legal Questions a Boat Crash Attorney Can Help With
Do I need to report the boating accident to my insurance company?
Yes, it is prudent to report the boating accident to your insurance company promptly. Most insurance policies require you to notify them about any incidents that may lead to a claim. Failing to do so could jeopardize your coverage and rights to compensation. Be sure to provide all relevant details about the accident, including the circumstances and any damages incurred.
Who is responsible for damages in a boating accident?
Determining responsibility for damages in a boating accident often hinges on the circumstances surrounding the incident. Generally, the boater who acted negligently-such as violating navigation rules or operating under the influence-may be held liable. However, various factors, including equipment failure or third-party actions, can also contribute to liability, necessitating a thorough investigation to establish fault.
Health and Medical Concerns
Should I seek medical attention even if I feel fine after the accident?
Yes, seek medical attention promptly even if you feel fine after a boating accident. Some injuries, such as internal injuries or concussions, may not present immediate symptoms. A medical professional can assess your condition and document any injuries for future reference, which is necessary if you decide to pursue an injury claim.
What if someone falls overboard during the accident?
If someone falls overboard during a boating accident, prioritize their safety and well-being. Immediately alert the others on board and attempt to rescue the person if it is safe to do so. Call for emergency assistance, such as the Coast Guard, to help recover the individual. Document the incident and any injuries sustained for potential legal claims or insurance purposes.
Compensation and Financial Concerns
Can I be compensated for pain and suffering after a boating accident?
Yes, in addition to your economic damages, you can seek compensation for pain and suffering caused by a boating accident. This form of compensation is designed to address the physical, emotional, and psychological distress caused by the accident and associated injuries. The amount awarded will depend on various factors, including the severity of your injuries and their impact on your daily life.
How much is my boating accident claim worth?
The value of your boating accident claim depends on several factors, including the extent of your injuries, medical expenses, lost wages, pain and suffering, the impact on your quality of life, and above all, the skill and experience of your Wilmington boat accident attorney to negotiate a settlement or pursue a jury verdict. Our experienced boat accident attorneys at Flexner Houser will try to provide a more accurate estimate during our free case evaluation.
Concerns About the Other Party
What if the other boater was under the influence of drugs or alcohol?
If the other boater was under the influence of drugs or alcohol, they may be held liable for any damages or injuries caused during the accident. Boating under the influence is a serious offense that significantly increases the risk of accidents. This evidence can strengthen your case for maximum compensation and may lead to additional legal consequences for the negligent boater.
What if the other boat operator was speeding or driving recklessly?
If the other boat operator was speeding or driving recklessly, this behavior could establish liability for the accident. Reckless actions increase the risk of accidents and injuries on the water. Documenting their actions, gathering witness statements, and reporting the incident to authorities can help substantiate your claim for damages resulting from the accident.
Get Legal Help for Boat Accidents in Wilmington from Our Experienced Attorneys
If you or a loved one has suffered injuries due to someone else’s negligence in a boating accident, you need the strongest possible legal support to protect your rights. At Flexner Houser Injury Law, we are determined to fight tooth and nail for justice and compensation on your behalf.Our dedicated team of Wilmington boat accident lawyers brings decades of experience and a deep understanding of boating laws to every case. We provide personalized attention and compassionate support while aggressively advocating for your best interests. Trust us to handle your case with the care and professionalism it deserves. To schedule your free consultation, call us at 1-800-FLEXNER or contact us online.
How Can We Help YOU?
Flexner Houser Injury Law
3805 Oleander Drive
Wilmington, NC 28403