Some of the primary causes of boating accidents include boating under the influence, propeller accidents, operator inattention, and mechanical failure. If a negligent party caused your accident, you may have grounds to file a boating accident lawsuit with the help of an attorney.
For a free consultation with a Las Vegas boating accident attorney, call George Bochanis Injury Law Offices at 702-388-2005.
Statistics on Boating Accidents in Nevada
Lake Tahoe and Lake Mead are popular destinations for boaters in Nevada, drawing thousands of visitors each year. Unfortunately, party boating, inexperience, weather, fluctuating water levels, and overcrowding during peak seasons increase boat accident risks at the lakes.
According to one recent study, Nevada ranks ninth in the most dangerous states for boaters.
The study reports that the state sees an average boat accident rate of 101.6 per 100,000 registered recreational vessels annually. Meanwhile, the average annual boating fatality rate is 9.9. In 2023, the number of boat accidents in Nevada skyrocketed to 34, up from 21 in 2022. Additionally, there were six fatality accidents that caused eight deaths in 2023.
Even when boating accidents aren’t fatal, they often cause serious injuries to boaters, resulting in expensive medical bills, lost time from work, and significant pain and suffering. The Nevada personal injury process enables boat accident victims to recover compensation from negligent individuals or entities.
What Are the Primary Causes of Boating Accidents in Nevada?
There are many causes of Nevada boating accidents that can lead to severe injuries and deaths. These include:
Lack of Training
In fatality boat accidents in which the operator’s level of instruction was known, it’s estimated that 74% of deaths happened on boats where the operator had little to no training or education. Experienced boaters often emphasize that on-water training, beyond just classroom instruction, is crucial for developing the skills needed to handle unexpected situations and navigate safely.
Improper Lookout
In Nevada, watercraft operators have the legal obligation of looking out for other people, vessels, and objects to prevent a potential accident. To facilitate this, operators should ensure there is a sufficient number of people on board to keep a lookout and that the lookouts are in positions where they can clearly see any hazards present.
Inattention
Operators of watercraft may also become inattentive during operation, which could lead to boating accidents. This inattention can stem from various factors such as fatigue, distractions from passengers, using mobile devices, or focusing on scenery rather than navigation. Even momentary lapses in concentration can have serious consequences, especially in crowded waterways or areas with obstacles.
Boating Under the Influence
Another common cause of waterway accidents is boating under the influence (BUI). This is as hazardous as drinking and driving motor vehicles on the road. Nevada has a legal limit of 0.08% blood alcohol content (BAC) while operating motor vehicles, including boats. Exceeding this limit while operating a boat, regardless of whether operators are visibly intoxicated, could cause an accident.
Speeding
Boaters also must avoid speeding on the water. Nevada has a strict speed limit of five nautical miles per hour at all times in many bodies of water, with requirements for boats to leave a flat wake. Failure to adhere to this speed limit could cause high-impact accidents as operators lose control over their vehicles.
Falling Overboard
Some boating accidents occur when passengers fall overboard. These incidents can be particularly dangerous, especially in rough waters or when alcohol is involved. Factors contributing to falls include sudden boat movements, slippery surfaces, and unsafe behavior like sitting on railings. When passengers fall overboard, they can drown or collide with the side of the boat or other hazards, including the boat’s propellers.
Mechanical Failure
In some cases, faulty parts or poorly maintained watercraft can cause an accident. While vessel owners must properly maintain their boats to prevent mechanical failure, manufacturers and mechanics could also be liable for injuries if they supply faulty parts or inadequate services.
Inclement Weather Conditions
Storms and other harsh conditions could cause a boat to overturn or capsize or throw people overboard. These conditions could also minimize visibility, increasing the risk of operators colliding with people or property. Although boat operators must operate their vessels in safe conditions, unexpected weather conditions could arise in some cases and make it difficult for operators to reach a safe location before an accident occurs.
What Are Your Rights After a Boating Accident?
If you’ve been involved in a boating accident, it’s crucial to understand your rights as well as your legal obligations. An injury lawyer can protect your interests and help ensure you receive proper compensation for any injuries or damages you’ve suffered.
Rendering Aid
Immediately following an accident, you must render aid to injured individuals when possible. Providing aid could entail directly treating individuals at the scene or calling medical professionals to provide help to victims. Failure to render aid after an accident could lead to a misdemeanor charge and fines or jail time.
Reporting the Accident
If an accident results in serious injuries or significant property damage, you must also report the accident to the Nevada Department of Wildlife (NDOW). Reporting the accident can help generate an official report that might be helpful if you file a claim or lawsuit against liable individuals. Again, failing to report a significant accident could result in jail time or fines for a misdemeanor charge.
Getting Medical Attention
As a boat accident victim, you have the right to receive medical care for your injuries. In fact, one of the first steps in a personal injury case checklist is to seek medical attention as soon as possible. Even if your injury appears minor at first, it could develop into a more serious condition later.
Seeing a doctor can help ensure you receive prompt treatment for your injuries. Additionally, obtaining medical records early on can help prove the extent of your injuries and that the accident caused them.
Recovering Evidence
You also have the right to gather evidence pertaining to your case, which could include any documentation you record following the accident. For example, you might collect photos or video footage of the accident scene, property damage, and any injuries sustained. You could also use medical records to help establish that an accident caused your injuries.
Additional evidence might include receipts for damaged property and “pain journals” to demonstrate how the injuries impact your life.
Recovering Compensation
If a negligent party caused your boating accident, you have the right to file a personal injury lawsuit to recover compensation for your losses. Claims involving boat accidents, drownings, and slip and fall accidents are common types of personal injury cases in Nevada.
The following are some of the different kinds of recoverable damages in these cases:
- Medical expenses
- Property damage
- Therapy and rehabilitation costs
- Pain and suffering
- Burial and funeral expenses following a victim’s death
Punitive damages rarely play a role in personal injury cases, but a court could award them in a trial setting if a liable party was grossly negligent or intentionally attempted to harm injury victims. These damages are separate from compensatory economic and non-economic damages.
Consulting an Attorney
You also have the right to seek the help of an experienced boat accident lawyer to handle your case. Many boating accident attorneys offer free initial consultations, allowing you to understand your legal options without financial commitment. Seeking legal representation promptly after an accident can significantly impact the outcome of your claim or lawsuit.
How a Boating Accident Attorney Can Help Your Case
A skilled boating accident attorney can be invaluable in navigating the claims process.
Here are some of the more specific ways a boat accident attorney can benefit your case:
Collecting Evidence and Proving Liability
Your boating accident attorney will collect and evaluate evidence to prove liability for the accident. This process can be particularly challenging in boating accidents, as skid marks, CCTV footage, and other evidence isn’t frequently available in these cases, unlike other vehicle accidents.
However, your attorney may be able to gather many types of evidence, such as:
- Medical records
- NDOW and police reports
- Receipts for property damage
- Witness statements
- Expert witness recreations of the accident
The more evidence you have, the more likely you are to succeed with your boating accident case.
Handling Insurance Negotiations
In most boating accident cases, victims will file insurance claims with the liable party’s insurer to recover compensation. Insurance companies may seem like they’re on your side and willing to pay out total compensation, but these companies will conduct an investigation into your case and attempt to avoid paying large settlements in many cases.
An attorney with experience handling the claims process will know the different tactics insurers use to minimize or deny claims. A reliable lawyer will determine the actual value of your case and negotiate with insurers to recover a fair settlement, often making counteroffers following the insurer’s initial offer, which is frequently lower than what the case is actually worth.
Attorneys could also sue insurers if they use bad faith insurance to reject or reduce claims, such as by offering low-ball settlements significantly lower than the case’s actual value.
Calculating All Related Damages
There are many damages in boating accident cases. Identifying and calculating them all can be challenging for injury victims, but it can mean the difference between recovering total and minimal compensation.
An attorney can look closely at all the facts of the case and evidence to determine what kind of settlement you can reach. Subsequently, he or she can identify all economic, non-economic, or even punitive damages.
Based on the amount of damages calculated, your attorney can continue negotiating with insurers and attorneys to recover total compensation from liable parties.
Taking the Case to Trial
The majority of personal injury cases settle through negotiations, as most parties involved prefer to avoid the costs of going to court. However, if your lawyer is unable to reach a satisfactory outcome during negotiations, he or she may take your case to trial.
During the trial process, your attorney will represent you and help you navigate the legal process to recover a fair settlement.
Whether a case involves one of the primary causes of boating accidents or another type of incident, you may be able to recover total compensation with the help of the Las Vegas boat accident lawyers at George Bochanis Injury Law Offices. Contact us today for a free consultation with one of our attorneys.
