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Wisconsin’s beautiful lakes and rivers make it a prime destination for personal watercraft enthusiasts. Locals and tourists enjoy the state’s waterways, from Lake Winnebago to the Mississippi River.
Unfortunately, boating accidents occur more often than many realize, and they can cause serious damage, injuries, or even fatalities. In 2023 alone, the Wisconsin Department of Natural Resources reported 93 non-fatal boat crashes, 28 boat-related deaths, and 47 boat crash injuries.
If you’ve been involved in a local boating accident, one of the most pressing questions is whether to pursue an insurance claim or legal action through a boating accident lawyer. Both are available avenues, and the answer depends on…
In this guide, our Wisconsin boating accident attorneys will help you better understand your options so you can make an informed decision.
Understanding the typical causes of boating accidents helps establish liability and strengthens your case. Additionally, knowing the cause helps determine whether the responsible party’s insurance will cover the damages or if pursuing legal action is necessary to recover full compensation.
In Wisconsin, the most common causes of boating accidents include:
Operator inattention or inexperience is one of the leading causes of recreational boating accidents, including collisions with jet skis. Navigating the state’s numerous lakes and rivers requires focus and a solid understanding of boating safety. Inexperienced boat operators may misjudge distances, fail to recognize hazards, or struggle to handle challenging weather conditions.
Similarly, distracted boat operators may overlook warnings or obstacles, increasing the likelihood of boating and jet ski accidents, including collisions.
According to the United States Coast Guard News, deaths most frequently occur in boating accidents when operators have not received boating safety instructions. This contributes to at least 75% of boat-related fatalities.
Operating a boat (or jet ski) at excessive speeds or engaging in reckless behavior puts everyone on the water at risk. Speeding reduces reaction time and increases the severity of collisions, while reckless maneuvers, such as sharp turns or weaving through crowded waterways, can destabilize vessels and endanger boat passengers.
Wisconsin’s waterways, especially during peak seasons, demand cautious and considerate operation to prevent boating injuries and collisions.
Boating under the influence of alcohol is a significant contributor to accidents in Wisconsin. Impaired judgment, slower reaction times, and diminished coordination make operating a boat while intoxicated extremely dangerous.
Wisconsin law enforces strict penalties for boating under the influence (BUI), but unfortunately, some individuals still take the risk, endangering themselves and other boaters on the water.
Mechanical failures and inadequate personal watercraft maintenance can lead to dangerous situations on the water. Issues such as engine breakdowns, steering malfunctions, or faulty safety equipment can prevent boat operators from responding effectively to emergencies.
Filing an insurance claim is the first step after most boating accidents. In Wisconsin, boating insurance is not legally required, though many boat owners opt for coverage to protect themselves against liability and property damage.
After a boating accident, you or the other party involved must report the incident to the respective insurer. Insurance companies often have strict deadlines for filing claims, so report your boating injuries and damages immediately.
The insurance company will investigate the accident to determine who was at fault. This can involve examining police reports, photos of the accident scene, witness statements, and damage assessments.
If the insurance company determines that their policyholder is at fault, they may offer a settlement to cover your damages.
Filing an insurance claim after a personal watercraft accident often leads to a faster resolution compared to pursuing legal action. Insurance companies aim to process claims efficiently, especially when liability is clear, allowing you to recover compensation for property damage or medical treatment without lengthy delays.
This can be particularly beneficial if you need funds quickly to cover urgent repairs, medical expenses for a serious injury, or other immediate costs.
Insurance claims are typically less expensive than pursuing a lawsuit, as they don’t involve court fees or attorney costs. Most insurance companies handle boating accident claims at no additional cost to policyholders, and you won’t need to pay for legal representation unless complications arise.
The insurance claims process is often more straightforward than legal proceedings. Filing one involves gathering basic evidence, submitting necessary documentation, and communicating directly with the insurer.
Unlike lawsuits, which require extensive legal procedures and court appearances, claims are designed to be user-friendly, making them an appealing option for individuals unfamiliar with legal complexities.
Insurance policies have coverage limits, which may not fully compensate you for your losses after a boating accident. For example, if the at-fault party’s policy only covers $50,000 in damages, but your medical bills and property damage exceed $100,000, you’ll need to explore other avenues (such as legal action) to recover the remaining amount.
When fault is contested, the claims process can become significantly more challenging. Insurance companies may delay or deny claims while investigating who is responsible for the accident. This can leave you without compensation for an extended period, especially if the other party refuses to accept liability or provides conflicting accounts of the incident.
Unfortunately, insurance companies often aim to minimize payouts to protect their bottom line. This could mean undervaluing your boating accident case or attributing partial fault to you to reduce the amount you’re entitled to receive.
In some cases, filing a lawsuit is the only way to recover the full compensation you deserve. Working with a boating accident lawyer is especially important when insurance coverage is insufficient or the insurance company refuses to provide a fair settlement.
Filing a lawsuit allows you to seek compensation beyond what an insurance claim may cover. Under Wisconsin’s personal injury law, this includes non-economic damages such as pain and suffering, emotional distress, and loss of quality of life.
If your boating accident injuries are severe or life-altering, legal action may be the best way to make sure you’re not limited by insurance policy caps and can recover the full extent of your losses. Personal injury attorneys can also make sure you’ve calculated your damages correctly.
Taking action with a boating accident lawyer provides an opportunity to hold negligent parties accountable for their actions, especially in cases involving gross negligence or reckless behavior, such as boating under the influence.
By pursuing a boating accident lawsuit with personal injury attorneys, you not only secure justice for yourself but also help discourage similar behavior in other boaters, improving safety on Wisconsin’s waterways.
Filing a boating accident lawsuit often gives you an edge in negotiations with insurance companies or liable parties. The possibility of going to court can motivate the other side to offer a more reasonable settlement to avoid the time, expense, and uncertainty of a trial. This can lead to a more favorable outcome for you without your boating accident attorneys going to court.
Lawsuits are often lengthy. Many cases take months or even years to resolve. The time involved in preparing legal documents, gathering evidence, and navigating court proceedings can be frustrating, especially if you’re trying to focus on recovery from your injuries.
To learn how long your case may take to resolve, schedule a consultation with a boating accident lawyer and ask for an estimated timeline.
Pursuing legal action for boating accident injuries can be emotionally taxing, as it often requires reliving the details of the accident and dealing with the stress of ongoing litigation. This emotional burden can be challenging, especially if you’re already coping with medical complications or other personal hardships resulting from a personal watercraft incident.
If you’re unsure whether legal action is the right path, consider these scenarios:
Seeking legal advice can clarify your options in these situations and help you determine the best course of action. To learn more, schedule a consultation with a Wisconsin boating accident attorney.
Wisconsin’s state-specific boating laws can significantly impact your decision to file an insurance claim or pursue legal action.
For starters, Wisconsin’s statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit. For property damage claims, the deadline may differ, so consult a boating accident lawyer as soon as possible.
Wisconsin also follows a comparative negligence rule. This means your compensation may be reduced if you are partially at fault for the accident or poor boating safety.
For example, if boating accident victims are found 20% responsible, their recovery will be reduced by 20%.
Navigating the aftermath of a boating accident is never easy, especially when you’re dealing with injuries, property damage, and financial stress.
At Mahony Law, we specialize in personal injury cases, and we’ve handled many boating accidents. Our team is committed to helping Wisconsin residents get the justice they deserve and recover compensation, fairly and efficiently.
When you work with our boating accident attorneys, we will:
Our experience with Wisconsin’s boating laws and local courts allows us to customize our approach to meet your specific needs and case. Contact our personal injury attorneys today for a free consultation and let us help you secure the compensation you deserve after a boating accident.
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.
