Poor boat maintenance, lack of safety equipment, and other hazards could lead to a harmful boating accident. The Portland boat accident attorneys at Tillmann Law Personal Injury Lawyers may be able to help you or your family acquire compensation for your injuries, losses, and damages.
Call us today at (503) 272-8986
for legal help. Boating on the Willamette River, Oswego Lake, Smith Lake, or other bodies of water near Portland can be a great way to enjoy Oregon’s warmer weather and escape from the bustle of the city. Unfortunately, not every boating excursion goes as planned. Contact us now
for a free consultation, where we can discuss your rights and legal options. You could be eligible for financial compensation in Portland.
Why Clients Come to Tillmann Law
- We are compassionate and care about clients. Our Portland accident lawyers do what they can to not only fill clients’ current needs but to be responsive to their needs for the future as well.
- We have a reputation for obtaining results. Our personal injury lawyers are not afraid to go to trial on behalf of clients in Multnomah County, if necessary. We have successfully won millions for our clients in the last several years.
- We do not charge upfront. Our Portland boating accident attorneys work on a contingency fee basis. You will only have to pay us if we win your case, and only then out of the settlement or judgment award won.
Common Boating Accidents and Injuries in Portland
A boating accident can be devastating. When a boat crashes or capsizes, its occupants can suffer a wide range of personal injuries. At Tillmann Law, part of our job as advocates is to investigate our clients’ boating accidents to understand their proximate causes. We have experience handling many different types of boating accidents throughout Oregon.
- Boat-to-boat collisions
- Collisions with fixed objects, such as docks
- Collisions with swimmers or personal watercraft
- Unseaworthy vessels
- Boats capsizing or sinking
- Dangerous or defective boats
- Slip and fall accidents on deck
- Missing safety equipment
- Fires or explosions
- Water sports accidents
- Underwater electrocution
- Accidental drowning
Common injuries in boating accidents include broken bones, soft-tissue injuries, organ damage, brain damage, electric shocks, burns, and lacerations. If you have injuries from a boating accident in Portland, civil law might qualify you for compensation. If you lost a loved one in a fatal boating accident, our lawyers could also help you bring a wrongful death claim. You can learn more about wrongful death claims by scheduling a free consultation
with our Portland wrongful death attorney
Who Is Liable for Your Boating Accident in Portland?
Before you can recover compensation for your boating accident and injuries, you or your lawyer will need to identify the defendant for your case or the liable party. The liable party will be the person or entity most responsible for causing your accident and injuries.
- The boat owner. If a faulty, malfunctioning or poorly maintained vessel caused your accident, the owner of the boat could be liable.
- The boat operator. A negligent, reckless, drunk, distracted, or inexperienced boating operator could be liable if he or she caused your accident.
- A product manufacturer. Sometimes, boats contain defective parts that contribute to accidents. In these situations, the product manufacturer might be liable.
These defendants and/or others could be responsible for causing your recent accident. The Portland boat accident lawyers at Tillmann Law can help you identify the appropriate defendant for your unique case. Then, we can take the necessary steps toward achieving a fair claim resolution.
How to Prove a Boating Accident Claim in Portland To secure compensation in a boating accident claim, you will essentially need to prove that the actions of the at-fault party caused your injuries. Different types of claims require you to prove different sets of facts.
Proving Negligence-Based Boating Accident Claims For cases involving a boat owner or operator, you will need to establish his or her negligence in order to recover compensation. Negligence refers to a person or entity’s failure to uphold a certain duty of care, which can vary depending on the situation. You and your attorney from Tillmann Law will work closely together to establish four important facts.
- Duty: The at-fault party owed you a duty of care at the time of the boating accident. For example, boat operators have the duty to drive the vessel carefully, while boat owners have a duty to maintain safe conditions onboard.
- Breach of Duty: The at-fault party breached his or her duty of care through a negligent act or failure to act. Failing to maintain a boat, operator inattention, alcohol use, and excessive speed are all examples of boat owner and operator negligence.
- Causation: The at-fault party’s breach of duty caused your boating accident and resulting injuries. Evidence such as police or Coast Guard reports, medical records, and witness testimony can help establish this fact.
- Damages: You sustained damages that you can collect in your boating accident lawsuit. These damages may include medical expenses, lost wages, property damage, and pain and suffering.
Proving Claims Involving Boating Manufacturers If you are filing a lawsuit against a manufacturer due to a defect in the boat, you do not need to establish negligence. Manufacturers are strictly liable for any injuries that occur due to a defective product, regardless of prior knowledge or intention. To secure compensation in a product liability lawsuit, you will need to prove the following four facts.
It can be challenging to prove a product liability claim involving a boat. In many cases, you will require expert analysis and other specialty evidence to establish your case. Your attorney from Tillmann Law can connect you with expert witnesses and other resources, leveraging his network to prove your right to recovery.
- You were injured and suffered losses.
- The boat or a boat part was defective in some way.
- The boat’s defect caused your accident.
- You were using the boat or boat part the way that the manufacturer intended.
Damages Available in Oregon Boating Accident Claims A boating accident can result in serious and life-changing injuries. Many victims suffer from long-term complications and severe financial hardship following these incidents. Psychological suffering is also common. If you are injured in a boating accident, you deserve justice. By filing a lawsuit, you can hold the person responsible for the accident accountable for the losses that you suffered. Oregon allows victims of boating accidents to recover two categories of damages: economic and non-economic. Economic damages refer to the financial losses that you experienced due to the accident. These may include medical care, lost wages, the loss of future earnings, and property damage. You can also recover compensation for disability accommodations, specialized therapy, and long-term medical expenses. On the other hand, non-economic damages refer to the physical and emotional pain and suffering that you endured. Examples of pain and suffering damages include the following.
- Mental anguish
- Permanent disability
- Post-traumatic stress disorder
- Chronic pain
Benefits of Hiring a Boating Accident Attorney After a boating accident in Portland, it can be difficult to handle complex litigation by yourself. In these situations, you need an advocate on your side who can protect your best interests and guide you through each stage of your claim. Hiring a Portland boating accident attorney from Tillmann Law can provide several advantages to your case. Below are just a few of the ways that our lawyer can help.
Your Lawyer Can Help Prove Liability To file a boating accident lawsuit, you first need to identify the liable party. This can be especially difficult without specialized resources or time for investigation. Your lawyer will have the time and resources necessary to fully investigate your case and help you determine who was at fault.
Your Lawyer Can Represent You During Negotiations During your claim, you may need to negotiate with insurance companies and defense attorneys. These parties do not have your best interests at heart, and it can be difficult to handle these conversations without prior experience. Your lawyer will advocate for you during these discussions and ensure that any decision that is made is for your benefit.
Your Lawyer Can Craft a Case for the Courtroom If your case does not settle during negotiations, you will head to trial. Preparing for a trial can be challenging, especially if you do not have prior experience in the courtroom. Your lawyer will have significant experience representing injured boating accident victims in court and can craft a compelling case in your favor.
Your Lawyer Can Calculate Your Damages When you file a boating accident claim, you want to ensure that you receive a fair settlement. This involves accurately calculating all of your costs, including long term and intangible costs. Your attorney will have the tools and knowledge necessary to estimate your settlement. Your lawyer can help you identify all potential avenues to compensation and accurately calculate your potential award. Using this information, you can evaluate settlement offers and ensure that they are sufficient enough to meet your needs.
Boating Accident Statistics Each year, the United States Coast Guard compiles statistics on recreational boating accidents that occur across the country. According to its 2020 report, approximately 5,265 accidents occurred, resulting in 3,191 injuries and 767 deaths. Additionally, these accidents resulted in approximately $62.5 million in damage. The following factors were the top primary contributors to boating accidents in 2020.
- Operator inattention resulted in 664 accidents.
- Operator inexperience led to 612 accidents.
- Improper lookout resulted in 578 accidents.
- Excessive speed contributed to 418 accidents.
- Machinery failure resulted in 373 accidents.
- A violation of navigation rules led to 316 accidents.
- Alcohol use led to 296 accidents and the highest number of fatalities at 115.
Contact a Portland Boating Accident Lawyer Near You 24/7
You do not have to struggle with the ramifications of a boating accident alone. A Portland personal injury lawyer at Tillmann Law can help you understand and defend your rights as an injured victim. Talk to our lawyers about your case in more detail today. Call us for a free consultation or contact us online
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Visit Our Personal Injury Law Office in Portland, OR Tillmann Law Personal Injury Lawyers 101 SW Main St. #1905 Portland, OR. (503) 272-8986
Hours: Open 24/7