Yakima Boating
Accident Lawyers

Recreational boating is a fun, relaxing way to spend time, but when someone is negligent or reckless and causes an accident, the result can be major property damage, catastrophic injuries, and even death. Some boating accidents may be unavoidable, but when a boat operator or other individual is negligent and puts others at risk, or a boat or its parts were defective and malfunctioned, that individual or the entity that manufactured the boat or its parts can be held liable for the damages that resulted. If you or a family member was injured, or someone died, in a boating accident due to someone else’s negligence or fault, you may be entitled to compensation for your damages from insurance or a through a lawsuit.  However, Washington laws and procedures for personal injury or wrongful death cases are complicated, and making mistakes can be costly. This is where consulting with a skilled Washington personal injury lawyer becomes crucial. Insurance companies will try to get you to accept the lowest amount possible. If you are trying to deal with the pain from your injuries, and the financial strain of medical bills at a time when you may be unable to work, it can be overwhelming to think of going through a boating accident lawsuit. Fortunately, you do not have to go through the process alone. Help is available from the compassionate boating accident lawyers at Montoya Hinckley. We understand what you are going through at this difficult time, and we will take the burden off you by dealing with insurance companies and handling the legal hurdles and requirements involved with getting you fair compensation. You can concentrate on your recovery. Our boating accident lawyers have over four decades of combined experience in Yakima and Central Washington, so we have the necessary knowledge of the laws, the courts, and the system to aggressively and effectively fight for the settlement award you deserve. We offer a free and confidential consultation to discuss the circumstances of your boating accident case and determine the best way to help. There are no fees to you unless and until we win a settlement or award, so call us today at 509-895-7373 to get started. People are often afraid of what may happen to them if they take responsibility for an accident they caused, so it is unlikely that someone will admit to wrongdoing in a boating accident. Our attorneys must prove that another party was negligent and at fault to get you the compensation you deserve. Proving that another party was negligent and at fault involves taking the following steps:

• Listening to your version of what happened and who you think the liable parties might be.
• Conducting investigations to gather evidence about how the boating accident happened, such as from photographs and videos, and police, ambulance, and medical records and reports.
• Interviewing witnesses and first responders.
• Hiring experts to reconstruct the accident and provide testimony as to how it occurred, who was at fault, and the resulting negative effects on your life.
• Locating all potential defendants who may have been at fault.
• Filing all paperwork and handling all legal procedures and court appearances in compliance with legal requirements and deadlines.
• Dealing with insurance companies and their lawyers and negotiating for a fair settlement that covers all your losses.
• Building your case and taking it to trial, if necessary, and arguing in front of a judge or jury.

When you hire our boating accident lawyers to represent you, we will make sure everything is done correctly from the start, and we will keep you informed throughout the entire investigative and legal process. Boating accidents typically are caused in several ways, and knowing what to look for can help our attorneys determine liability in a serious boating collision. According to a document published by the U.S. Coast Guard in 2019, the top causes of recreational boating accidents in the U.S. are:

• Operator inattention
• Improper lookout
• Operator inexperience
• Machinery failure
• Excessive speed
• Alcohol use
• Navigation rules violation
• Weather
• Hazardous waters
• Force of a wave or wake

In many of these situations, boating accidents were caused by preventable boat operator errors, and these operators could be held liable for damages caused by their negligence. To prove fault legally, we must show the following elements exist:

• Duty: The defendant had a duty of care not to cause harm.
• Breach: The defendant breached this duty by acting or failing to act.
• Cause: The defendant’s wrongful act, neglect, or failure to act caused the accident that led to your injuries.
• Damages: You suffered damages as a result.

Examples of negligence in a boating accident include:

• Operating a boat while intoxicated
• Failing to pay attention
• Traveling at an illegal speed
• Driving recklessly
• Failing to heed posted signs or directions
• Letting a minor drive the boat
• Boating without the proper safety equipment on board

In a successful case, you may win an award that covers the economic damages, which are the calculable costs you have incurred as a result of the accident, such as:

• Medical and rehabilitation expenses
• Property damages
• Wage losses if you are unable to work

You may also be compensated for noneconomic damages, which is restitution for things that are difficult to put a dollar value on but negatively impact your life, such as:

• Pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life

Washington State does not place caps on noneconomic damages, so there is no limit to the amount you may be awarded for these losses. There is a wide range of damage awards you may receive in a successful boating injury case. Awards vary according to the circumstances of the case and other factors that may include:

• The extent, severity, and permanence of your injury
• Whether you will need continuing care
• Your age, earning capacity, and family situation
• Whether you will be able to work in the future
• Whether a death has occurred
• The amount of insurance and personal assets of the defendants
• The individual judge and jury in the case
• The availability of evidence to prove fault
• The ability to prove noneconomic damages
• The skill of your attorneys

When you consult with our boating accident lawyers in Yakima or our experienced personal injury attorney in Ellensburg, we will examine your costs and the ways in which your injuries have affected your life to determine what fair compensation would be. We will negotiate aggressively with insurers for a fair settlement, but we are fully prepared to take your case to trial if necessary.