When it comes to compensation, boat accident personal injury cases are handled differently in Kansas than are other forms of transportation. Here’s a look at the state’s boating law requirements, how liability is determined, and what you can expect to receive for compensation.
What to do if you’re in an accident
There are a few things you need to do in the moments after an accident. Use this checklist to review how to respond in this situation.
- Turn off the boat’s engine if it’s still on.
- Check on everyone in the boats, and offer to help any injured passengers (unless doing so would create further harm to someone in your boat).
- Try to get contact information for any witnesses to the accident.
- Get names and contact information for the other boat operator and any passengers.
- Provide personal information, including your name, boat (or hull) identification numbers, any insurance policy numbers you might hold, and your address to the other boat operator and anyone who might have been injured in the other boat.
Reporting the accident
A local boating accident can be reported to the Kansas Department of Wildlife, Parks, and Tourism. Kansas law requires a boating accident to be reported within 48 hours if anyone is seriously injured beyond a need for standard first aid, a boater dies, or a boater disappears. Moreover, you must report it within five days if more than $2,000 in damage occurs.
Accident liability
Causing serious bodily injury in this kind of accident can happen in many ways. Boating in bad weather, operating the craft while intoxicated, speeding, or other forms of irresponsible operation are all considered negligence. While a car insurance company will pay out in some form even if neither party is considered guilty, liability in a boat accident involving personal injury requires proof of negligence.
To ask for compensation, liability by way of negligence is necessary. However, in addition to the operator’s negligence, you’ll also have to prove that negligence directly contributed to the accident, the accident directly contributed to your injury, and the operator of the boat now owes you a duty of care because of the injury.
It’s also important to note that Kansas is a “comparative negligence” state. This means that if you’re considered partially to blame for the accident or injury, rather than the other operator being totally responsible, a percentage of fault will be given to each of you. The financial burden will be apportioned accordingly. For example, if you’re determined to be 10% responsible for the accident, the other operator will only be required to provide 90% of the requested compensation, rather than the 100% expected of someone who is considered 100% responsible.
Boat accident personal injury compensation
If the other operator is determined to be negligent and if you can prove the rest of the requirements, you can ask for damages pertaining to the injury, such as medical bills, property damage, lost wages, pain and suffering, and any other expenses that are directly caused by the presence of the injury.
Additionally, the more serious the injury, the higher the amount you can rightly pursue. For example, a sprained ankle or a broken wrist is uncomfortable and may be detrimental to normal life for a few weeks or months. Ultimately, however, you should be able to return to the same quality of life.
A back injury from the accident, however, can be much more serious. Although the condition might improve, it might also never get much better at all. Average claims that relate to chronic or comprehensive injuries generally provide much greater financial compensation. Although this can ease financial burdens, it can, unfortunately, do little for the resulting constant pain and decreased quality of life.
Keeping track of any documentation, such as police reports, medical documents, or witness contact information, is extremely important in a case like this. Make sure to file everything together. If you don’t, however, a good attorney will help you track down everything necessary to prove your case.
For more information
If you’re looking for compensation after a local boating accident, Kansas Injury Recovery can help you get it. Contact us today at (866) 730-0589, or submit your information to see what your case is worth.
