An accident that happens on any of Eureka’s waterways can leave you confused and frustrated. You may be wondering what you have done to deserve this outcome, how you could have prevented it, and what your legal rights are going forward. The simple fact is that many boat and waterway accidents are unavoidable. We are always at the mercy of the decisions of others, and their reckless choices can result in serious injuries. This can be the consequence of a conscious choice to ignore a law concerning safety or a general inattentiveness to one’s surroundings.
Thankfully, a Eureka boat accident lawyer may be able to help you hold negligent boat drivers financially accountable. Our skilled injury attorneys could assist with every stage of a claim—from the initial measuring of your losses, to gathering evidence, to demanding appropriate payments for your injuries.
How Accidents Can Occur on the Water
Safe boat operation requires people to maintain constant vigilance. Even a boat that is not currently under the power of sails or a motor may drift into an area containing swimmers or kayakers and inflict catastrophic damage. Of course, if that vessel is under power, drivers must be sure to follow all navigational buoys, respect the rules of right of way, and properly maintain their boats so they do not pose any unnecessary risk of harm to any other person.
Indeed, boaters have a similar duty to automobile drivers on Eureka’s roads to care for the well-being of all other people that they may encounter. A failure to uphold this duty that results in an injury is called negligence. Negligence is the cause of action at the core of most boat accident claims.
To prevail in a negligent boating accident case, plaintiffs need to demonstrate defendant negligence as well as justify their own actions. Because Eureka is in a state that uses a comparative negligence method of assigning blame, a plaintiff who carries any amount of blame for an incident cannot collect full compensation for their losses. In addition, Missouri Statute §516.120 sets a time limit of five years from the date of an accident to demand compensation. A Eureka boating accident attorney could help to prove that a negligent defendant is the sole party responsible for the incident and file a legal claim within the statute of limitations.
Possible Forms of Compensation Following a Boating Accident
The central aspect of a boat accident case is always a personal injury. Indeed, a case cannot progress if a plaintiff does not suffer some form of injury that requires medical attention. Common examples of these kinds of injuries include:
- Cuts or bruises from coming into contact with a boat
- Broken bones from harsh impacts
- Separated joints from sudden changes in momentum
- Concussions or other traumatic brain injuries
Additionally, there is the added risk involved with any accident on the water of drowning. As long as these injuries require medical care from an emergency room or any physician, they can be the foundation for a lawsuit.
Of course, physical injuries may not be the only form of loss after a water vessel collision. These injuries may also contribute to other losses, such as:
- Medical treatments and rehab bills
- Time missed at work resulting in lost income
- Property damage to a boat, dock, or other watercraft
- Emotional and mental trauma
A boat crash injury lawyer in Eureka could help to take an accurate measuring of damages to demand comprehensive compensation for an injured person’s losses.
Speak with a Eureka Boat Accident Attorney Today
Suffering an accident because of the carelessness or illegal acts of a boat driver can leave you in a difficult position. You may not be clear as to what your rights are under Missouri state law and may not believe that you have the time or the resources necessary to properly pursue a claim. Fortunately, negligent boaters are always liable for their actions, and pursuing a claim in Eureka usually ends without needing to go to court.
A Eureka boat accident lawyer could take the lead in your claim for fair financial recovery. They can handle all the details in the case, from gathering evidence, to participating in settlement talks, to protecting you from aggressive insurance companies. There is a strict time limit to pursue a claim, so do not hesitate to contact one of the dedicated attorneys at our firm today.