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Boating is a favorite pastime in Wisconsin, as the state’s many lakes and rivers provide ample opportunities for fun and sun.
However, with so many boaters on the water, recreational boating accidents are unfortunate realities. The Wisconsin Department of Natural Resources (DNR) reports roughly a dozen incidents per year, some of which are fatal.
Whether you’re on the Eagle River Chain or navigating the open waters of Lake Michigan, boating accidents can and do happen. That’s why you need to know how maritime laws in Wisconsin apply to your situation and what steps to take after an accident.
In this blog post, our boating accident attorneys are sharing the most critical aspects to consider regarding maritime law and Wisconsin boating accidents.
Let’s take a look.
Maritime law, also called admiralty law, governs all activities on navigable waters. While this law is often associated with large commercial vessels, it also applies to recreational boating accidents, depending on where the incident occurs.
In Wisconsin, if an accident takes place in a body of water navigable by commercial ships, federal maritime law may apply. However, many boating accidents happen on smaller lakes or rivers, where state law governs.
The Wisconsin DNR oversees boating safety in the state and enforces rules to minimize accidents. This includes regulations on operator qualifications, alcohol use while boating, speed limits, and required safety equipment such as life jackets and navigational lights.
Over the years, our boating accident attorneys have seen many different types of collisions and injuries. Some of the most common accident causes include:
According to the Boat U.S. Foundation, about half of all boating accidents involve drugs or alcohol. Like operating a car, boating under the influence impairs an operator’s ability to react, make decisions, and control the vessel, leading to crashes, dangerous situations, and likely serious injuries.
Many accidents happen when boat operators are inexperienced or don’t follow proper laws or safety practices. This can include failing to maintain a safe speed, improper steering, or disregarding basic safety procedures.
Reckless boating includes speeding, weaving through other boats, or failing to maintain control. Operators who disregard the rules of safe boating place themselves and others in significant danger.
Equipment failures, such as a malfunctioning engine or broken steering, can lead to accidents. Boat owners throughout Wisconsin are responsible for keeping their vessels in good working order before heading out on the water.
Accidents that involve collisions between two or more boats are common, especially in busy waterways. Accidents often occur when operators fail to follow right-of-way rules, signal appropriately, or get distracted while driving.
Wisconsin’s weather can change quickly, and poor visibility caused by fog, rain, or darkness can contribute to accidents. Boat operators should always exercise caution in bad weather and know when it’s safer to stay docked.
In the aftermath of the incident, you’ll need to determine who is at fault in order to seek compensation for boating accident injuries or damages.
Liability in Wisconsin boating accidents typically falls on the responsible party’s negligence or breach of duty. This can include actions such as operating a boat under the influence of alcohol, failing to maintain a proper lookout, or disregarding safety regulations.
In some cases, liability may be shared among multiple parties, such as the boat operator, a maintenance provider, or even a manufacturer if defective equipment played a role in the accident.
Regardless of the circumstances, determining liability is a critical aspect of pursuing compensation for injuries, property damage, and other losses. Speak to an experienced personal injury lawyer to discuss the specifics of your case.
If you’re involved in a boating accident in Wisconsin, there are a few steps to take immediately after:
It doesn’t matter if you feel fine after an accident; you should still seek medical attention. Some injuries, especially soft tissue damage or internal injuries, may not show up immediately.
An upfront professional medical evaluation will help you document your injuries and receive critical care, even if you don’t think you need it.
According to the DNR, Wisconsin law requires boaters to report certain accidents to the authorities. If the accident resulted in injury, death, or significant property damage, it must be reported to local law enforcement or the DNR.
Gather as much information as possible about the boating accident. Photograph any damage to your boat or other property, get contact information from witnesses, and note weather and water conditions at the time of the incident.
Next, find and speak with a boating accident attorney. These legal professionals specialize in maritime law and understand the unique aspects of boating accident claims. They will guide you through the process, help you gather evidence, and negotiate with insurance companies to secure the compensation you deserve.
You may be entitled to compensation for your medical expenses, lost wages, property damage, and pain and suffering. To recover compensation, you will likely need to file a claim with your insurance company or pursue a case against the at-fault party. Your attorney will assist with these steps.
As we just mentioned, victims of recreational boating accidents in Wisconsin may pursue compensation, either through insurance claims or legal action.
This boat accident compensation may include payments for:
If you’ve incurred medical expenses due to the accident, you may be able to recover those costs. This includes hospital stays, surgeries, doctor visits, and rehabilitation.
The medical bills resulting from a boating accident can vary significantly depending on the severity of the injuries. For instance, the medical expenses for traumatic brain injuries or spinal cord problems can be extensive, often requiring long-term care, rehabilitation, and specialized treatments.
If your boating accident injuries prevent you from working, you may be eligible for compensation to replace the income you’ve lost during your recovery. This could include lost wages for the time you are unable to work, as well as any potential future earnings if your ability to work is permanently impaired.
This can include ongoing pain from physical injuries, such as broken bones or nerve damage, as well as the emotional toll, such as anxiety, depression, or post-traumatic stress disorder (PTSD), which can arise from a traumatic boating accident.
A boating accident attorney will help you determine the full extent of your pain and suffering, gather supporting evidence such as medical records and witness testimony, and advocate for fair compensation.
If your boat or personal property was damaged in the accident, you could receive compensation for repairs or replacements. This includes damage to the boat itself as well as any personal items on board, such as electronics, equipment, or personal belongings.
In cases where the damage is severe or the boat is totaled, compensation can help cover the cost of purchasing a replacement.
Boating accidents involve complicated laws, including state and federal maritime regulations. That’s why we highly recommend that you consult an attorney who specializes in personal injury law, as well as boating accident cases.
A knowledgeable boating accident lawyer will guide you through the claims process and negotiate with insurance companies. If necessary, they will help you pursue maximum compensation by holding the responsible parties accountable for their actions.
This is a stressful event, but you don’t have to move forward alone. Speak to an attorney immediately about the details of your case.
If you’ve been injured in a boating accident, securing the compensation you deserve can be challenging. With the complexity of boating accident injuries and the various parties involved, you need an experienced boat accident lawyer by your side.
Were you affected by a boating accident? Have questions about maritime law? Reach out to Mahony Law. Our experienced team is ready to help you pursue the compensation you need to recover from your injuries and move forward with your life.
Schedule your free consultation today. We’re here for you.
Abby is the founder of Mahony Law and devotes her time to representing people who have been seriously hurt due to the negligence of others. Abby has handled injury cases of all types, including birth injury, wrongful death, automobile accidents, motorcycle accidents, pedestrian accidents, and truck accidents.
