Boating accident Cases

Involved in a Boat Accident? Schmittgens Injury Law Firm will fight for you.
The Midwest has hundreds of lakes and rivers to enjoy and enjoying those bodies of water on a boat is popular during the spring and summers. However, boats can be very dangerous, especially if the operator is careless. 

By hiring an experienced boating accident lawyer, like Rob Schmittgens, you get an advocate and ally to help you navigate the legal system and ensure that your rights are protected. At Schmittgens Injury Law Firm, we will help you understand the laws and regulations that apply to your case, as well as help you determine who may be liable for your injuries.

Our team will also help you gather and preserve evidence, such as accident reports, witness statements, and medical records. This evidence can be used to build a strong case and increase your chances of obtaining fair compensation for your injuries.

We can also help you negotiate with insurance companies and defend against any legal challenges that may arise during the course of your case. Insurance companies may try to settle your case quickly and for less than you deserve, but our attorneys can help you determine the true value of your case and negotiate for fair compensation.

It is important to consult with our boating accident attorneys as soon as possible after an accident because evidence can be lost quickly and deadlines must be met. We can help you gather evidence, understand the laws and regulations that apply to your case, and negotiate with insurance companies for fair compensation.

Boat Accident Lawyer: What Do They Do?
Boating accidents are stressful, hiring an experienced attorney, like Rob Schmittgens, adds a valuable teammate to your quest for justice and compensation. As your attorneys, our firm will thoroughly investigate the accident, gather evidence, and interview witnesses to determine the cause of the accident and determine what kind of insurance coverage is available to you. 

Our team will also review the accident report and any other relevant documents, such as weather reports, water conditions, and the maintenance records of the boat involved in the accident in an effort to determine what happened and who is responsible. 

After a thorough investigation, we will work to negotiate with the insurance companies to obtain a fair settlement, or advocate on your behalf in a Court of Law, including presenting your case to a jury of your peers. 

If you have been injured in a boating accident, you need an advocate and ally. Contact the experienced attorneys at Schmittgens Injury Law Firm We are committed to helping you navigate the legal system and ensuring that your rights are protected.

What should I do after my boating accident? 

To maximize your recovery, it’s important to take the following steps after your boating accident:

1. Report the accident.

As soon as possible, call 911 and report the incident. It is important to act fast to get help as soon as possible. First responders can help preserve evidence, document the scene, and provide emergency medical services to victims. 

2. Take Pictures.

Almost everyone has a high definition camera in their pocket, use this tool to your advantage. Take pictures of the scene, your injuries, the involved parties, and anything else which may be relevant to your case. Having too much information is never a problem and at our firm, we would rather have the information and not need it, rather than need it and not have it. 

3. Get contact information for witnesses and, if possible, speak to them. 

Neutral witnesses are always helpful in determining who is at fault and while our first responders are great at what they do, they are not perfect. Therefore, it’s very important to get the names and contact information for any one who witnessed the incident. If your injuries prevent you from speaking to them, representatives from our firm will be in touch with them to get their statements. 

4. Make a record of what happened. 

As soon as it is safe to do so, write down everything you can remember about the incident, including the moments leading up to the accident. This information will be important in the future and our attorneys will need to fully and completely understand what happened, based on your memory. 

5. Get medical treatment as soon as you can. 

Consistent medical treatment is the single best way to maximize your recovery. Report all of your injuries to your doctors and follow their advice. Your injuries will require time and treatment to heal, but following your doctor's recommendations are the best way to get better. 

Types Of Missouri Boating Accidents

Boating accidents can include any of the following watercraft:

  • Motorboats

  • Sailboats

  • Personal watercraft (Jet skis, Sea-Doo, WaveRunner)

  • Commercial boats and ships

  • Ferries

  • Watercraft versus a simmer

The Missouri boat accident lawyers at Schmittgens Injury Law Firm understand how a boating accident can up-end your life and we are passionate about helping our clients recover the maximum amount of compensation as quickly as possible.

Common Causes of Actions in Boating Accidents: 

Negligence
An operator may be considered negligent for:

  • Operating at a high speed.

  • Failing to carry safety equipment on board.

  • Collisions with other boats.

  • Hitting a submerged object, rock, or grounding.

  • Hitting a big wave or wake at an excessive speed.

  • Deciding to navigate in heavy weather, causing individuals to fall overboard.

  • Contact with propellers.

  • Overcrowding and overloading the vessel

Alcohol-Related Boating Accidents

Boating While Intoxicated (BWI) is a leading cause of boating wrecks in Missouri. Our attorneys will evaluate toxicology and accident reports and talk to witnesses to determine if alcohol impairment may have played a role in your boating accident. If so, we can pursue punitive damages in addition to compensation for your economic and non-economic losses.

In Missouri it is illegal to operate a boat while under the influence of drugs or alcohol. The operator can receive a BWI which is very similar to a DWI. If you were involved in a boating accident where the operator responsible was under the influence of drugs or alcohol contact us immediately.

Boating Accidents Due To Speeding

Driving a boat at an excessive speed not only makes the boat more difficult to control but also increases the likelihood of an injury or death occurring in the event of an accident. Our personal injury attorneys will investigate your case and may bring in accident reconstruction professional experts to prove that speeding contributed to your boating accident.

Boating Accidents Due to Equipment Defects

A negligently designed or manufactured part could result in an equipment malfunction. If a defective part contributed to your crash, our boating accident lawyers can review schematics and blueprints, speak with boating parts specialists, and identify all potentially liable parties.

Ejection Injuries

Being ejected from a boat at a high speed can result in debilitating injuries such as broken bones, a dislocated shoulder, soft tissue damage, and brain trauma. When people are ejected from boats they get caught in what's known as 'The Circle Of Death'. That's when the boat is out of control and continues to turn striking people overboard multiple times. Many of these injuries are caused by propeller strikes.

Injuries Caused by Propellers

Coming into contact with a propeller can cause deep lacerations and even amputations. Most of these injuries are caused by negligent boat operators.

Many propeller accidents involve:

  • tubing,

  • water skiing,

  • wakeboarding,

  • divers or snorkelers surfacing,

  • hitting a wave or wake and being ejected,

  • or someone falling overboard.

Violations of Boating Regulations

Like cars, there are laws which impose certain obligations on the owners and operators of watercraft.. Violating these rules not only is illegal but could also result in injuries or death and is often the basis for civil liability. 

Who Is Liable in a Boating Accident?

In any boating incident, there can be multiple potentially liable parties, meaning people who can be held responsible for injuries. 

Boat Operators

The most obvious person who may be held liable is the operator of the boat. This individual has control of the watercraft and decisions about its operation are made by them. In any case, this is likely the first person we will look to for acts of negligence. 

Boat Owners

Boat owners have responsibility for the safety of passengers of their vessel whether they are operating or not. There are many different theories where the owner of the boat may be held responsible for the injuries. 

Manufacturer of the Boat

Boat and personal watercraft manufacturers owe users a duty to ensure the boats they put onto the market are safe for use. If a boat or personal watercraft is defective or dangerous, numerous laws hold manufacturers to a standard of “strict liability” for any injuries it causes. You do not need to prove negligence or intent to harm; instead, the statutes allow an injured person to recover damages if they demonstrate that a manufacturer neglected its duty.

A boat or personal watercraft is defective if it has serious flaws in its construction, design or if the manufacturer fails to provide sufficient warning of hazards or qualifications of its use.

The Company or Person Leasing the Boat

The company or person leasing the boat has a responsibility for maintenance and servicing. If they fail to keep the boat in safe operating condition and/or fail to train the boat operator they may be held liable for damages that resulted from a boating accident. Negligence on their part may lead to equipment not working properly or even failure.

If you were in a boating accident the company or the person leasing the boat may be at fault.

When the Owner of the Boat Does Not Have Insurance.

Unfortunately, the law may not require a boat owner to be insured but if the owner of the boat is financing the boat the bank may require the parties to have insurance.

If the liable party does not have insurance or assets you may not be able to recover damages. Automobile insurance does not cover boating accidents. Similarly, homeowners insurance may provide insurance for your injuries but not all homeowners insurance policies provide coverage. 

Our lawyers will conduct a thorough and comprehensive investigation to determine what insurance coverage may be available to provide coverage to you for your injuries.  

What kind of damages can I recover from my motor vehicle crash? 

Economic Damages:
These are damages which have a specific dollar value. Things like hospital bills, physical therapy, medical imaging, and medical devices can be extremely expensive, and assuming they are reasonable and necessary to care for your injuries, the law allows you to seek recovery of those damages from the negligent party. 

You are also able to seek compensation for lost income. If you miss time at work or are forced to use benefits like paid time off or sick days, you can seek reimbursement from the at-fault driver’s insurance company. Our firm will assist you in collecting evidence of these types of damages and including them in settlement negotiations. 

These damages are not just the damages which are “in the past” you are also entitled to seek damages for medical treatment or income earning in the future. At our firm, we will gather information relating to future earnings or future medical care and include it in our settlement negotiations. 

Non-Economic Damages:
These damages generally do not have a specific dollar value, but you are still able to seek compensation for things like pain and suffering, loss of enjoyment of life, mental anguish, and stress. No one wants to live life in pain, and many of our clients spend months or even years in constant pain because of their car wreck, under the law, you can seek financial compensation for that pain. 

You are also entitled to seek damages for the negative impact your injuries have on your life. If your injuries have prevented you from living the life you want to live, you are entitled to seek compensation. Some examples of “loss of enjoyment of life” may include the inability to participate fully in family activities, challenges to engaging in hobbies, or limitations in the activities of daily living. 

Property Damage:
Motor vehicle accidents often include damages to personal property, specifically your car or the contents therein. If your stuff is broken or destroyed as the result of the other driver’s negligence, you are entitled to seek compensation for those losses. 

Boating Accident Lawyers Near You

If you’ve been injured in a boating accident, attorney Rob Schmittgens is here to help. With nearly a decade of personal injury experience, he knows how to handle boating accident cases in Missouri and Illinois. His deep understanding of the local legal system and strong connections in the community give you an advantage in your case.

Rob will take the time to understand your situation and fight for your rights. When you work with Rob, you can trust that you’re getting an attorney who will advocate for you every step of the way. As a personal injury attorney with extensive courtroom experience, Rob knows how to get results. A native of St. Louis, he's deeply connected to the community and is committed to ensuring justice for his clients.

At Schmittgens Injury Law Firm, we handle boating accident cases on a contingency basis—so you don’t pay unless we win your case and we will never make more money than you.