If you have been in a boating accident, then you may not know where to turn next. A boating accident can leave you with permanent disability and disfigurement. You may be unable to work; you may incur thousands of dollars in medical expenses, and you may need to undergo extensive surgeries and reconstruction. All of this can add up. Our Wisconsin boating accident lawyers in Eau Claire, La Crosse, and River Falls, WI can help those who have been injured in this type of accident.

The legal team of Bye, Goff & Rohde knows that a boating accident can quickly turn any fun summer day into a nightmare, and we act quickly to help you recover what you have lost. Our experienced team provides you with the trusted representation you need to navigate the legal process. We provide compassionate support as we fiercely protect your rights and advocate for you. With the help of our Wisconsin personal injury lawyers, you can begin to rebuild your life after a boating accident. 

Understanding the Factors Involved in Boat Accidents

According to the U.S. Coast Guard, there are five primary types of boat accidents: collisions with other recreational vessels, collisions with fixed objects, flooding, grounding, and capsizing. These accidents caused nearly 2,500 accidents during the most recently reported year alone. Sadly, these accidents led to more fatalities than injuries. These numbers highlight the risks boaters are exposed to and the harm that can be caused in an accident. 

Given the many lakes throughout Wisconsin, the risk of getting into a boating accident is particularly high, especially during the peak summer months. Boating accidents are often caused by someone’s irresponsibility, recklessness, and negligence. This may include the driver or operator of the boat, the boat manufacturer, or the mechanic servicing the boat.

The 10 Leading Causes of Boat Accidents

The U.S. Coast Guard lists the following as the top ten causes of boat accidents: 

1. Operator inattention
2. Improper lookout
3. Lack of operating experience
4. Speeding
5. Mechanical issues
6. Navigational violations
7. Alcohol impairment
8. Poor weather
9. Hazardous waters
10. Force of a wake or wave

Wisconsin lakes and rivers can be dangerous places. All boat operators must use extreme care and caution when behind the wheel. A boating accident is similar to any vehicle accident. While there is less chance of crashing into other boats, this does happen. Furthermore, drowning, propeller accidents, improper loading and anchoring, and head-on crashes are also more common when in a boat. Proper training and cautious operations are essential before heading out on the water.

Common Injuries that May Occur in a Boating Accident

Like any other accident, boats can cause serious and even life-changing injuries. When operators are negligent and fail to exercise caution, they endanger other individuals on the water and can inflict harm. Negligence can come at a steep price on Wisconsin’s lakes and rivers. Some common injuries that can occur as a result of a boating accident include:

• Burns and lacerations
• Neck and back injuries
• Concussions and other brain injuries
• Broken bones and soft tissue damage
• Loss of limb and amputation
• Permanent disabilities and disfigurement
• Paralysis
• Traumatic brain injury
• Hypothermia 
• Drowning and wrongful death

You should contact emergency responders and seek medical attention right away if you or a loved one has been injured in a boat accident. The sooner you act, the sooner you can minimize the damage from your injuries, receive treatment, and improve your overall prognosis.

Boat accident injuries can have profound implications on your life, so prompt action is essential. It is also important to maintain detailed records of your injuries and medical treatment to use as evidence in your case. At Bye, Goff & Rohde, our boat accident attorneys in Eau Claire, La Crosse, and River Falls can review what happened and let you know your next steps.

Boaters Are Exposed to Unique Dangers on Wisconsin’s Lakes and Waterways

Every body of water has its own terrain and characteristics that make it unique. However, it is a double-edged sword that can make a day on the lake a pleasant or horrific experience. Boat operators must be alert to the various hazards of different locations and prepare to take the necessary precautions to ensure safety. Below is a look at some of the potential dangers in western Wisconsin’s most popular lakes and rivers.

Lake Altoona Park

Located east of Eau Claire, Altoona Lake provides many opportunities for boating and water-related activities. With a maximum depth of 25 feet, this lake is on the shallower side, so boaters should be mindful about where they operate. Water may be murky, so boaters should be on the lookout for swimmers, objects, and other hazards. Lake Altoona is also known to have seasonal algae blooms that make the lake harmful to humans, and boating and water activities are prohibited during this time.

Lake Wissota

Lake Wissota sits to the northeast of Eau Claire and is popular for many water-related activities. This means that the lake may be crowded, increasing the risk of collisions on the water. Lake Wissota is also known to develop floating bogs, so boat operators should be on the lookout and take steps to avoid these areas. Shallow waters and no-wake zones also pose risks to boats and require careful attention and safe operations in these parts of the lake. 

St. Croix River and Lake St. Croix

Just northwest of River Falls, Lake St. Croix is nestled between the Wisconsin and Minnesota state lines. It has a maximum depth of 60 feet, and water levels can fluctuate considerably. Floating or submerged debris can also be another risk boat operators need to remain alert to while out on the water. Boaters should also be mindful of the lake’s pollution levels and algae blooms, which can prevent water activities. Colder water temperatures can cause hypothermia in an accident. 

The Mississippi River

Running along the southern borders of Wisconsin and Minnesota, the Mississippi River is a popular destination for recreation for residents of both states. This major interstate river is often used for transporting cargo and is highly populated. The river is also subject to rapidly changing water conditions because of the weather and its terrain. Floating debris is another common risk to boaters, as well as shifting sandbars throughout the river and related reservoirs like Lake Onalaska near La Crosse. Boat operators in these waterways should also be aware of restricted access areas.

Common Challenges When Resolving Boat Accidents in Wisconsin

Boating accidents pose a number of challenges to investigators as well as survivors seeking compensation for their injuries. Below are some of the key challenges our lawyers have encountered in these kinds of cases.

Loss of Physical Evidence

One of the biggest complications surrounding boating accidents is that the physical evidence can sink or be washed away. This can make it harder for law enforcement and insurance adjusters to verify your claim due to the lack of conclusive evidence. Additionally, unlike terrestrial vehicle accidents, water can also obscure environmental factors and immediate signs of the collision that would otherwise provide context. A submerged boat can even damage a boat’s digital and navigational data. 

Different Laws May Apply

Another common challenge in these types of cases is determining which laws apply to the accident, which may overlap at times. Depending on the location of the accident, state, federal, or maritime laws may apply. How a boat accident is processed will depend on the jurisdiction it is in and what governing rules must be followed. For example, waterways in state parks fall under state law, national parks and rivers are subject to federal oversight, and interstate waters like the Mississippi River are subject to maritime law. 

Dealing with Boat Insurance

Additionally, insurance companies are out to protect their bottomline, so they will try to pay you as little as possible in the event of injuries sustained in an accident. They use a variety of tactics to pay you less or avoid paying you altogether. It is important to review your boat insurance policy before filing a claim, as it shares similarities and differences in coverage with that of your auto insurance policy. Familiarity with what the insurance company will cover can help as you and your boating accident lawyer negotiate your claim. 

How Bye, Goff & Rohde Meets These Challenges

At Bye, Goff & Rohde, we have over 50 years of experience handling personal injury lawsuits pertaining to boating accidents. We work diligently to overcome the obstacles and legal issues these situations can present and win the compensation our clients deserve after a serious boat accident. Our attorneys in Eau Claire, River Falls, and La Crosse can protect your rights after a boating accident so you can get maximum results in your case. 

Establishing Liability in a Wisconsin Boat Accident

To hold a negligent party accountable in a boating accident, you must factually establish their liability. To do so, boating accident lawyers must systematically fulfill the standard of negligence, which is composed of four elements. Each part builds on the other until there is no doubt about who caused the accident. Your lawyer will show the following when handling your case:

• Duty of Care: Boaters are responsible for following right-of-way rules and ensuring safety at all times.
• Breach of Duty: When boaters break from their obligations and do not act safely, they endanger themselves and others.
• Causation: As a result of these actions, boaters contribute to accidents that injure others.
• Damages: At-fault boaters are liable for the damages they cause and must provide compensation. 

In order to establish liability, you will need as much evidence as possible. Photos and videos, accident reports, witness and expert testimonies, navigational data, boat data, weather reports, medical records, and more can all be used to show the other party’s fault. Even with sufficient evidence, these cases can still be complex and should be handled with the aid of the experienced lawyers here at Bye, Goff & Rohde.

Boaters Can Share Fault in Some Accidents

If you and another boater share fault for an accident, then your compensation may be reduced under Wisconsin’s modified comparative negligence law. This statute states that individuals who contribute less than 50%  to an accident can recover damages reduced in proportion to their fault, while those over 50% at fault are barred from recovering compensation at all. A lawyer can help you navigate these complex situations as they work to minimize your liability and secure maximum compensation for your losses. 

Damages You Can Recover After a Boating Accident in Wisconsin

Wisconsin boat accidents can cost you thousands of dollars in damage, and even more in medical expenses and other losses. These costs can set you and your family back considerably, especially if you are unprepared to deal with the financial fallout. Compensation can reimburse your expenses and provide monetary assistance to help you get the resources you need. At Bye, Goff & Rohde, we can help you recover damages for:

• Medical-related expenses, including medications, surgeries, specialist visits, accommodations, and equipment
• Damage to property and personal belongings
• Loss of income or earning potential due to injuries
• Pain and suffering
• Loss of enjoyment
• Decreased quality of life
• Psychological harm, such as PTSD, anxiety, and depression

Our River Falls, La Crosse, and Eau Claire boating accident attorneys can calculate the value of your losses to determine how much your case is worth. We will make sure that none of your losses are forgotten and that all are accounted for so they can secure maximum compensation in your case. With the help of Bye, Goff & Rohde, you can be confident you have not left any money behind. As skilled negotiators, we will communicate on your behalf with the insurance company and opposing parties so you receive a fair settlement. 

The Statute of Limitations for Boating Accidents in Wisconsin

To pursue a claim to recover your losses after a boating accident, you must act promptly. Wisconsin has a three-year statute of limitations on boat accidents, and no further legal action can be taken after it expires. There is also a three-year limit on filing claims under maritime law per 46 USC § 30106.

As discussed above, boating accidents can be very challenging to resolve, so you want to make sure you have as much time as possible to resolve your case. Contact our Wisconsin boating accident lawyers as soon as possible after your accident for a favorable outcome. 

Contact Our Wisconsin Boating Accidents Lawyers Today!

The lawyers at Bye, Goff & Rohde have over 180 years of combined legal experience. We can provide you with the emotional support and legal services you need during this difficult time. We will sit down to assess your case and go over all your options, including the process of filing a personal injury lawsuit against the individual or company responsible. For a free consultation with our boating accident attorneys in Eau Claire, River Falls, and La Crosse, WI, contact Bye, Goff & Rohde today.