Boating + ATV Incidents
Any day spent out in nature is a good day. And getting to be outside with all kinds of fun equipment like boats and ATVs can be exhilarating and fun, but these activities can also carry a lot of risks. Negligence or reckless behavior can cause injuries, and someone can get seriously injured. In incidents, claims, and cases like this, it’s important to understand the insurance policy on the “toys” or the equipment, as well as how negligence took part in causing the injury.
Do I Need a Personal Injury Attorney for a Boating or ATV Injury?
We highly recommended that you hire a personal injury attorney right away after a boating or ATV incident. These kinds of claims and cases can be challenging for a few reasons.
1. if someone has rented the equipment that caused the incident, the renter probably signed some kind of waiver potentially absolving the rental company of responsibility, so the responsibility for the case and claim could fall on the renter themselves. This changes the game of insurance claims and policies, and can really blur the lines on who is responsible for what.
2. Using equipment like boats and ATVs comes with the acknowledgment that these kinds of activities involve inherently dangerous activities. So even if you’re being careful or cautious, some form of negligence has to be proven, whether that be by the operator of the equipment, by way of a flawed product design by the equipment company, or through negligent management or maintenance of the vehicle by the rental company. It will take people who know how to investigate these details to have a successful claim.
3. With all cases, the main thing to know is were you doing everything you could to be safe? Were you wearing the proper gear (helmet, seat belt of some kind, using safety flags properly, etc.)? Were you driving safely at the right speeds and using proper care and attention (distracted driving applies to ATV’s and boats too)? Were you obeying all rules and laws that apply to the equipment you were using?
Depending on the legal theories of negligence, these are all factors to consider when assessing if you have a claim or not for an injury cause or related to incidents from these types of vehicles.
Our personal injury attorneys are well-versed in collecting necessary evidence for these kinds of cases, and will be able to get started on collecting the existing evidence to help move forward with your claim or case.
Already been involved in a boating or ATV incident? We recommend contacting an attorney as soon as possible. Since these claims can be tricky, you want to get the support you need sooner than later.
What to Do if You’re in a Boating or ATV Incident?
1. Call 911
If you are physically able to, call 911. We understand that these incidents can often result in injuries or cell phone damage that would not allow you to call 911. If that is the situation, ask a witness or the first passerby to dial 911.
If you are the witness of a boating or ATV injury or happen to pass by an incident or collision, immediately call 911 to report what you see as the injured person/people may not have been able to contact authorities and you may be the first call to get the injured party the help they need.
When you are involved in a ATV or boating incident, you will want to file a police report so that the details of what happened are on record. When calling 911, request emergency services for medical evaluation.
If you are feeling pain or discomfort of any kind, including any scratches or bruising no matter how minor they may feel, you will want this to be included in the report. A dull ache or minor scrape should still be reported as it can be an indication of deeper injuries and lead to severe pain or infection if left untreated.
A trip to the doctor later that day with no record of your pain starting at the scene of the incident will make it increasingly difficult to prove that the ATV or boat injury is a result of the incident when it comes time for your claim, settlement or litigation. Once a copy of the police report is available, you or your personal injury attorney should immediately obtain a copy as it will be necessary evidence when filing your claim.
2. Get Contact information of any Witnesses and all Involved Parties
Whenever possible, get the name and phone number of any witnesses to your incident. While we understand this may be difficult or impossible due to injury, if at all possible you will want to be able to have a way to contact witnesses so they can provide testimonies of what they saw.
It’s important that you get copies of all insurance policies, contact information, from all the parties involved and document what happened so that you will have what you need after your injury has been addressed.
3. Seek Medical Attention
Even if it feels like a minor cut, scrape or bruise, make sure any pain or injuries that have resulted from the incident are documented by the police/EMTs so that they are included in the police report.
4. Take Photos
Document the scene, any damage to your equipment and other vehicles involved, the surrounding area and any outside elements that may have resulted in the boating or ATV incident such as the surrounding ares of the lake or river, potholes, loose gravel, etc. Be sure to take photo evidence to document any injuries as well. This is a time for serious photo documentation, not injury selfies to send your friends.
5. Schedule a Free Consultation
Hiring Johnson Livingston to represent you after a boating or ATV incident will help you get the best outcome from your case. It is our number one priority that you feel supported through the legal process after your innjury. We offer a free consultation so you can better understand your rights and feel equipped with the knowledge you need to make the right decisions for yourself when hiring a personal injury attorney. Let us focus on your case so you can focus on recovering.
6. Establish Your Case
When you work with Johnson Livingston as your attorney, we immediately begin working on your claim including acquiring surveillance footage, witness testimonies, medical treatment reports, etc. that will help us form your case. This information will help us prepare a demand letter and identify any additional paperwork needed to support your claim. We then monitor this claim, take care of any necessary follow up and navigate the negotiations that will follow. All you need to do is focus on caring for yourself after your accident.
How to Prevent a Boating or ATV Incident
Follow All Laws and Regulations
Prior to taking out your boat or ATV, ensure that you are properly certified and up to date on laws and regulations surrounding the use of such equipment. This includes having the proper licenses, gear (helmets, life jackets, flags, etc.), and training. We also highly recommend if you’re using this equipment with a group to go over best safety practices to ensure everyone in your group can have a fun and safe experience.
Handle Your Equipment With Care
No matter what equipment is being used, it’s important to have a healthy respect and caution around these vehicles. Enjoy your time and have fun, but also ensure you’re handling the equipment safely; turn the vehicle slowly, not erratically. Rev up the engine gradually rather than all at once.
Be Attentive to Your Surroundings
It seems like a no-brainer, but keeping your eyes peeled for other equipment users in the area is vital to preventing collisions. If you’re ATVing in a group, be sure to travel caravan-style and have a destination point in mind. Utah is known for its recreational sports, so if you’ve had the idea to go ATVing, another group of people very well might have had the exact same idea. If possible, confer with others in the area prior to departing to ensure that everyone will have a safe, fun, and memorable experience (the fun kind of memorable).
Educate Others on Safety
It’s always fun to go boating or ATVing in groups, so be sure everyone in your party is prepared and educated on safety protocols and how to best prevent incidents. Taking even a few moments to discuss safety can be the difference between a fun afternoon and a tragic incident.
Add a camera to your equipment or helmet
Cameras don’t stop injuries, but they can help identify what caused them. Mounting a camera to your equipment or helmet can help provide your attorney with key evidence: first-hand footage that could be determining information in your claim or case.
Be Safe
Operating boating or ATV equipment as responsibly as possible is important to show that you are doing your part to be a safe driver. If you are involved in a crash, showing that you did everything you could to protect yourself and others will be very helpful to your case.
Make sure you follow the regulations and keep your boat and ATV equipment licenses up to date, and be sure you have coverage under your insurance policy for these “toys” that way no matter what you are covered and prepared to stay safe, and have what you need in case an injury or incident does happen. It is always better to be safe than sorry.
We Focus on The Details of Your Boating or ATV Incident Case So You Can Move Forward
At Johnson Livingston, we take our jobs personally. Our attention and passion has been and always will be focused on our clients. We give each case everything we’ve got. We care about the results our clients receive and we work hard to get to know our clients, their challenges, injury, and their ability to recover and live a good life. We are here to take your bicycle injury and any other injuries you sustained through another’s negligence seriously.
By putting our clients’ needs first we focus on doing what we do best and share your story based on facts and evidence. We communicate with you through every step of the process, making it easy for you to focus on getting better while we focus on your case. To do our best work and successfully tell your story, we rely on full disclosure and honesty from each of our clients.
Boating or ATV incident cases can take more time than other personal injury cases because the details tend to be more complex. We want to ensure that your needs are being fully met. The good news is, that we won’t give up on your case, we will do what’s best for you, no matter what it takes we will stand for you and for your rights.
Pricing and Compensation from Case?
Call: (801) 948-9670
Text: (801) 683-5359
When a claim settles, our fee is 1/3 of the settlement value.
For cases that are filed in the court, or litigated, our fee increases to 40% of any money awarded.
Our fees are standard in the Utah personal injury marketplace.
Areas We Serve in Utah
Davis County
Salt Lake County
Sanpete County
Utah County
Johnson | Livingston, LLC
Personal Injury & Trial Attorneys
195 South Orem Blvd, Suite 1
Orem, UT 84058
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Disclaimer: This website and its contents are intended for informational purposes only and do not intend to provide or replace medical or legal advice.