Boating Accidents

Delaware Boating Accident Lawyer

Boating is a popular recreational activity in Delaware, with miles of scenic waterways perfect for fishing, watersports, and leisurely cruising. However, accidents can and do happen on the water. If you or a loved one has been injured in a boating accident in Delaware, you need a knowledgeable Delaware boating accident lawyer on your side.

When you choose the Law Office of Trapp Nicholl, you can trust that you have a compassionate and aggressive team dedicated to protecting your rights every step of the way. We handle all legal matters and communications with insurance companies so you can focus on healing physically and emotionally from your accident.

The aftermath of a boating accident can be devastating, leading to mounting medical bills, lost income, and pain and suffering. Don't go it alone. With a Delaware boating accident attorney by your side, you can be sure your rights will be protected.

How the Law Office of Trapp Nicholl Can Help After a Boating Accident in Delaware

If you or someone you love has been injured in a boating accident in Delaware, you are likely facing significant challenges during your recovery. In addition to dealing with painful injuries and emotional trauma, you also have to navigate complex legal issues to get the compensation you deserve.

This is where your dedicated Delaware boating accident lawyer at the Law Office of Trapp Nicholl can help. Our legal team will handle every aspect of your injury claim so you can focus on healing. Here is what you can expect when you choose us:

  • Compassionate Support - We understand this is an extremely difficult time. Our lawyers will provide guidance and compassion as we help you through the claims process.
  • Thorough Investigation - We will gather all evidence related to your accident, including police reports, witness statements, vessel maintenance records, weather reports, and more. These details are crucial for building a strong case.
  • Accident Reconstruction - Our team includes accident reconstruction experts who can analyze the evidence to determine precisely how the crash happened and who was at fault.
  • Claims Process Expertise - Boating accident cases involve maritime law, which is complex and nuanced. We know how to navigate the claims process smoothly to help you recover damages.
  • Aggressive Litigation - If fair compensation is not offered, we are fully prepared to take your case to court and fight for justice before a judge and jury.
  • Ongoing Support - Even after your case settles, we remain available to answer questions and provide any needed support.

Injuries from boating accidents can be physically, emotionally, and financially draining. But with the right legal partner, you can navigate these turbulent waters with confidence. The Law Office of Trapp Nicholl is committed to standing by your side every step of the way, ensuring that justice is served.

Common Causes of Boating Accidents

According to the US Coast Guard's 2022 Recreational Boating Statistics Report, there were 23 boating accidents in the state of Delaware, 2 of which were fatal. These crashes are caused by a variety of factors, including:

  • Operator Inattention – The highest contributor to boating accidents, when boat operators fail to pay attention, such as checking their phones, accidents can easily occur. Distraction is a major contributing factor.
  • Operator Inexperience - New boaters who lack training and experience account for many accidents. Difficulty controlling the vessel, ignoring navigation rules, and improper operation often lead to collisions.
  • Speeding - Excessive speed is one of the leading causes of fatal boating accidents in the United States. High speeds make it difficult to react in time to avoid crashes.
  • Alcohol/Drug Impairment - Intoxication is involved in about a quarter of all serious and fatal boating accidents. Impaired judgment, slow reaction times, and lack of coordination contribute to accidents.
  • Careless/Reckless Operation - Some boat crashes are caused by operators who engage in reckless maneuvers like sharp turns, weaving through congested areas, or ignoring right-of-way rules.
  • Failure to Properly Lookout – In 2022, 387 collisions were the result of operators failing to maintain awareness of their surroundings and see other boats in time.
  • Environment – The leading cause of accidents and deaths in 2022, these include storms, high winds, congested waters, high waves or excessive wake, and hazardous waters which can make boating dangerous.
  • Failure of Boat or Equipment - Engine problems, steering failure, faulty wiring, and other equipment defects may also be to blame for boating mishaps.

Identifying the specific causes that contributed to your accident helps your attorney demonstrate negligence and secure full compensation. The Law Offices of Trapp Nicholl thoroughly explores all potential factors that may have played a role.

What Types of Injuries Occur from Boating Accidents in Delaware?

Boating accidents can cause severe and life-altering injuries to victims. Some common types of injuries sustained in Delaware boating crashes include:

  • Traumatic Brain Injuries - Struck by the boat, hit by debris, or thrust into objects can cause TBI. This may result in cognitive deficits, personality changes, and loss of functioning.
  • Spinal Cord Injuries - Forced compression/hyperextension of the vertebrae from impact can damage the spinal cord. This often leads to paralysis or loss of sensation.
  • Crush Injuries - Body parts caught between boats or mangled by propellers can cause extreme crush trauma and tissue damage requiring amputation.
  • Broken Bones - Fractures, dislocations, and shattered bones frequently occur during ejections or being tossed about the boat. These require surgery and extensive rehab.
  • Drowning - Becoming trapped underwater due to injuries or entanglement can lead to drowning. Near drowning incidents often result in brain damage.
  • Cuts, Lacerations - Propellers and debris result in deep lacerations needing stitches/grafts. Scarring and infections are common.
  • Burn Injuries - Fires, explosions, scalding, and chemicals result in painful burns requiring skin grafts and reconstructive surgery.
  • Post-Traumatic Stress Disorder - Many survivors experience PTSD after the psychological trauma. This requires therapy and medication.

Severe injuries like these can derail lives, jobs, relationships, and finances. A Delaware boating accident lawyer can help you recover damages for medical expenses, pain and suffering, and other losses after a serious boating injury.

How Common are Boating Accidents in Delaware?

With miles of scenic rivers, lakes, bays and coastal waters, boating is a popular recreational activity in Delaware. Thousands of registered boats operate in the state. Unfortunately, serious and fatal boating accidents occur every year on crowded Delaware waterways.

According to statistics from the U.S. Coast Guard:

  • There are approximately 10-25 reported recreational boating accidents in Delaware each year.
  • On average, these crashes result in 15-20 injuries and 2-5 deaths annually.
  • Delaware ranks in the top 15 states for highest rates of boating accidents.
  • Over 20% of boating accidents in Delaware involve a collision with another vessel. Other common crash types are falls overboard, capsizing, and grounding.
  • Alcohol is involved in 37% of fatal boating incidents.
  • Operator inattention, careless/reckless operation, and excessive speed are frequently cited factors in accidents.
  • The most deaths and injuries occur on open motorboats.

Boat Accident Statistics

Understanding the most common types of vessels involved in boating crashes, as well as which boats have the highest fatality rates, provides useful insights into the risks associated with different watercraft. Here are some key boating accident statistics to know from the US Coast Guard's 2022 Recreational Boating Statistics Report:

Types of Vessels Involved in Accidents

    • Open motorboats: 45%
    • Personal watercraft (jet skis): 18%
    • Cabin motorboats: 14%
    • Pontoon boats: 9%
    • Sailboats: 5%
    • Canoes/kayaks: 4%

Vessels with Highest Percentage of Fatalities

    • Open motorboats: 46% of deaths
    • Canoes/kayaks: 21%
    • Personal watercraft: 8%
    • Pontoons: 8%
    • Cabin motorboats: 4%
    • Stand-up paddle boards: 3%

Key Takeaways:

  • Open motorboats are involved in nearly half of all accidents, and have a similar rate in fatal crashes. Extra caution is urged.
  • Canoes and kayaks have a disproportionate rate of fatalities for their accident involvement. Vulnerability in capsizing is a factor.
  • Personal watercraft like jet skis have high accident rates due to excessive speeds and reckless maneuvers. Fatality rates are elevated as well compared to injuries.

How Long Do I Have to File a Lawsuit After a Boating Accident in Delaware?

It is important to act promptly following an accident to preserve your right to pursue a claim and avoid delays. In Delaware, the statute of limitations to file a personal injury lawsuit for a boating accident is 2 years from the date of the incident.

The clock starts ticking on the deadline on the actual date the crash occurred. This remains true even if the full extent of injuries is not immediately known or injuries worsen over time. It is critical to consult with an experienced Delaware boating accident attorney right away so your claim is handled properly from the outset.

At the Law Office of Trapp Nicholl, we start working immediately to build your case while memories are still fresh and evidence is available. This includes interviewing witnesses, documenting the accident scene, researching records and more. We handle all legal matters so you can focus on recovery.

If you miss the 2-year deadline to file a lawsuit in Delaware, you forfeit your right to pursue a claim. The at-fault parties would face no liability for your injuries and losses. That is why acting fast to engage a lawyer is so important following any serious boating accident. We offer free consultations and guidance to protect your rights.

Damages Available to Boating Accident Victims in Delaware

Our dedicated Delaware boating accident lawyers leave no stone unturned fighting to help you recover full damages and maximum compensation after a negligent boating accident. Financial recovery we may be able to obtain includes:

Economic Damages

Economic damages in a boating accident lawsuit aim to compensate for tangible financial losses like:

    • Past and future medical expenses
    • Lost income and reduced earning capacity
    • Cost to repair or replace damaged property

We work with experts like doctors, vocational specialists and crash analysts to fully validate and quantify all economic damages you sustained.

Non-Economic Damages

Non-economic damages are harder to calculate but just as significant. They account for more intangible losses like:

    • Pain and suffering
    • Loss of enjoyment of life
    • Emotional distress
    • Loss of companionship in wrongful death claims

Determining fair compensation for these very real, but difficult to quantify losses takes the skill and experience of a seasoned boating accident attorney. We know how to fight for maximum recovery in each category.

In cases of clear gross negligence, punitive damages may also be pursued on top of economic and non-economic damages. This aims to punish willful misconduct and deter similar behavior.

Having a dedicated legal team ensures no category of damages is overlooked when pursuing the at-fault parties. We work tirelessly to help injury victims recover losses.

Schedule a Free Consultation with Our Delaware Boating Accident Lawyer

In the stormy aftermath of a boating mishap, allow us to be your North Star, guiding you through these uncharted waters. Much like relying on Bowditch for navigational precision, our dedicated team is here to ensure you chart a course towards the justice and compensation you rightfully deserve. If you or a crew member has been tossed by the waves of a boating accident in Delaware, set your sights on our beacon. Plot a course with us today, and navigate towards a harbor of healing and justice.

The Law Office of Trapp Nicholl Is Here for You

At The Law Office of Trapp Nicholl, we focus on Personal Injury, Workers' Compensation, and Estate Planning and we are here to listen to you and help you navigate the legal system.

Contact Us Today

The Law Office of Trapp Nicholl is committed to answering your questions about Personal Injury, Workers' Compensation, and Estate Planning law issues in Delaware. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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