12.4 million adult Canadians go boating every year, and the number is only growing. With more boats on the water, there’s an ever-increasing risk of collisions and capsizing which can lead to injury, or even death. People associate boats with fun and recreation, but tend to forget they can be every bit as dangerous as a motor vehicle. In fact, small power boats are involved in the vast majority of accidents.

If you’ve been injured in a boating accident, you may be eligible for compensation. If a loved one was killed in a boating accident, you may have the grounds for a wrongful death suit.

Not sure whether you have a case? You don’t have to do guesswork. Michael R. Mantyka offers free case reviews. He’ll help you determine if you have a case, who can be held responsible, and what your next steps should be.

20 years of experience in boating accident law allows Mr. Mantyka the experience and knowledge to bring your case to its absolute best outcome. Contact our office to secure Michael’s help today.

FAQ

WHAT ARE SOME COMMON CAUSES OF BOATING ACCIDENTS?

• Boating accidents are usually caused by operator error.
• This includes:
  • Distracted boating
  • Failing to watch for hazards
  • Failure to watch the boat’s wake
  • Using excessive speed
  • Reckless operation, such as jumping wakes
  • Operating under the influence
  • Operating the boat in unsafe weather conditions
  • Failure to use safety equipment
• We’ve also seen boating accidents caused by mechanical failure, including boats outfitted with defective parts.

WHO PAYS AFTER A BOATING ACCIDENT?

• The at-fault operator is generally held responsible for the accident. If they have a boating insurance policy, the policy generally pays for the damages.
• Note that you may be assigned a percentage of the blame yourself, but you may still sue for damages. Your damages may simply be reduced by the amount of fault percentage you are assigned.

WHAT SHOULD YOU DO IF YOU’RE INVOLVED IN A BOATING ACCIDENT?

• The very first thing you should do is to stop the boat and assess the situation. If you’re out on the water the seaworthiness of your boat may be compromised. If your boat is capsized you may be facing a situation where you can’t just swim back to shore.
• Next, you must aid any individuals who need medical attention, or, if you are too hurt, you must receive medical attention yourself. Anyone who can administer first aid should, and then it’s time to call emergency services.
• Next, you’ll want to report the boating accident to the nearest radio ship reporting station. You must also make a written report to the Transportation Safety Board.
• You are required by law to report an accident whenever a person suffers a serious injury, whenever there has been a boating fatality, or whenever a vessel sinks, founders, capsizes, sustains a fire, goes aground, or is involved in a collision of any kind.
• If you’re conscious and alert enough to do so, it’s a good idea to get the contact information and insurance information from the other boater. You’ll want to gather contact information from any witnesses as well. You should take photos if at all possible. Record the location of the accident and take notes about everything you can remember. All of these details will be important to your case later.
• Finally, you should get a personal injury lawyer involved in your case as quickly as possible. Delays mean that you may miss out on vital evidence or the ability to bring in important witnesses. You also want to be able to refer insurance companies straight to your lawyer if they try to contact you.
• In general, we recommend talking to a lawyer even before you talk to any insurance company, including your own. Since there is a time limit on speaking to your insurance company too, you might consider calling a lawyer as soon as you are medically capable of doing so.

WHAT KIND OF COMPENSATION MAY BE AVAILABLE FOR INJURIES OR DAMAGES SUSTAINED IN A BOATING ACCIDENT?

• If you are injured in a boating accident you can obtain compensation for your medical bills, lost wages, loss of earning capacity, pain and suffering, and special expenses such as home modifications that have to be made to accommodate long-term disabilities incurred by the accident.
• If the negligent party acted in a particularly egregious fashion you may be eligible for punitive damages as well, though this isn’t very common.

HOW MUCH TIME DO YOU HAVE TO FILE A BOATING ACCIDENT INJURY CLAIM?

• You have just two years to file a boating accident injury claim. If you allow this time to run out, you will be barred from gaining compensation in the future.
• There’s also no value to waiting that long. It’s generally better to press your claim quickly.

SCHEDULE A CASE REVIEW TODAY

• Call  (306) 910-0777 to schedule a case review today. The sooner you involve Michael in your case, the better the outcome of your case is likely to be!