Montana’s waterways, particularly Flathead Lake near Kalispell, attract thousands of recreational boaters each year. While boating offers enjoyment and relaxation, accidents on the water can result in catastrophic injuries and fatalities. When a boating accident occurs due to someone else’s negligence, the legal process differs significantly from vehicle accident claims, and seeking guidance from a Kalispell boating lawyer experienced in maritime personal injury law becomes essential to protecting your rights
Boating accidents involve unique liability considerations that general personal injury attorneys may not fully understand. Unlike car accidents, boating incidents often involve multiple parties, complex insurance coverage issues, and maritime law principles. Additionally, many boating accident victims discover their coverage is inadequate—similar to how uninsured car accident claims require specialized knowledge to maximize recovery. An experienced boating accident lawyer in Kalispell understands these complexities and fights to recover the full compensation you deserve.
Travis & Brann, PLLP, has represented numerous boating accident victims throughout Flathead County. We understand the local waterways, common accident scenarios, and the insurance challenges that arise when recreational boating goes wrong. Our team offers a complimentary consultation to assess your case and outline your legal options. Contact our Kalispell personal injury law firm today.
Common Causes of Boating Accidents in Kalispell
Boating accidents rarely happen by chance. Most result from operator negligence, equipment failure, or environmental factors that could have been prevented. Understanding what caused your accident is essential to establishing liability and pursuing compensation.
Operator inattention and improper lookout—distracted boating, failure to maintain proper watch, and inattention to other vessels or swimmers
Excessive speed and reckless operation—operating at unsafe speeds for water conditions or in restricted areas. This mirrors reckless driving behavior on land.
Alcohol impairment—operating under the influence remains a leading cause of boating accidents and fatalities, similar to drunk driving accidents. According to the U.S. Coast Guard, alcohol is involved in approximately one-third of all boating fatalities. Montana law prohibits operating a vessel while under the influence, with penalties similar to DUI convictions.
Equipment failure and poor maintenance—defective engines, failed steering systems, or inadequate safety equipment. Vessel owners have a duty to maintain their equipment and can be held liable for injuries resulting from negligent maintenance. Under Montana boating regulations, all vessels must meet specific safety equipment requirements.
Collisions with swimmers represent another serious category of boating accidents. Operators have a legal duty to maintain a proper lookout and operate at safe speeds near populated swimming areas. When this duty is breached, victims suffer severe injuries or death. This is similar to pedestrian accident liability.
Types of Boating Accident Injuries We Handle
Boating accidents produce injuries that are often more severe than vehicle accidents due to the force of impact, exposure to water, and lack of protective barriers. Our firm represents victims suffering from drowning and near-drowning injuries, traumatic brain injuries, spinal cord damage, fractures, internal injuries, and wrongful death.
Drowning and near-drowning injuries can result in permanent brain damage, cognitive impairment, and loss of physical function. Even survivors of near-drowning may face lifelong complications requiring ongoing medical care and rehabilitation. These injuries often qualify for catastrophic injury claims.
Traumatic brain injuries and head trauma occur when victims strike the boat, dock, or other objects during impact. These injuries range from concussions to severe brain damage requiring lifetime care and support. Understanding claims for traumatic brain and spine injuries is critical to maximizing your recovery. Our attorneys have extensive experience handling traumatic brain injury cases.
Spinal cord and back injuries from boating accidents frequently result in partial or complete paralysis, requiring extensive medical treatment and ongoing rehabilitation services. Spinal cord injuries are among the most serious injuries we handle.
Fractures and internal injuries, including broken bones, organ damage, and internal bleeding, require emergency medical intervention and extended recovery periods. These injuries often result in significant medical expenses and lost wages.
Wrongful death claims arise when boating accidents result in fatalities. Families of deceased victims may recover damages for funeral expenses, lost income, and loss of companionship. Learn more about filing a wrongful death lawsuit in Montana.
Recovering Damages in Your Boating Accident Claim
Montana law allows boating accident victims to recover comprehensive damages for losses caused by another party’s negligence. The damages available in your case depend on the severity of injuries, the circumstances of the accident, and the defendant’s conduct. Understanding how personal injury settlements work helps you prepare for your case.
Medical expenses and ongoing treatment—emergency care, hospitalization, surgery, rehabilitation, and future medical needs. These costs can be substantial in catastrophic boating accident cases.
Lost wages and loss of earning capacity—income lost during recovery and reduced earning potential if injuries prevent return to work. Our attorneys document all economic losses to maximize your recovery.
Pain and suffering damages—compensation for physical pain, emotional distress, and reduced quality of life. Learn more about how pain and suffering are calculated in Kalispell, MT. Montana courts recognize the significant non-economic damages victims endure.
Property damage to vessels—repair or replacement costs for your boat or jet ski. We pursue full compensation for all property losses.
Punitive damages—in cases involving gross negligence or reckless conduct, courts may award additional damages to punish the defendant. Under Montana law, you can recover punitive damages for negligence in personal injury cases. Punitive damages send a message that reckless boating will not be tolerated.
An experienced boating accident attorney evaluates all available damages and pursues maximum compensation through settlement negotiation or litigation. We work with expert witnesses to establish the full value of your claim.
How Travis & Brann, PLLP Handles Your Boating Accident Case
Our approach to boating accident cases combines thorough investigation, aggressive negotiation, and courtroom experience. From your initial free consultation through final resolution, we guide you through every step of the legal process. Our personal injury lawyers bring decades of combined experience to your case.
Initial consultation and case evaluation begin when you contact our office. We listen to your account of the accident, review available evidence, and explain your legal rights. This consultation is always free and confidential, with no obligation to retain our services. We evaluate whether your case qualifies for maximum compensation.
Investigation and evidence gathering follow once you retain our firm. Our team collects police reports, witness statements, vessel maintenance records, and expert analysis to establish liability and document damages. We preserve critical evidence before it disappears.
Negotiation with insurance companies represents the next phase. We communicate directly with insurance adjusters and defense counsel to pursue fair settlement offers. Many cases resolve through negotiation without trial. Understanding how personal injury settlements are paid out helps you prepare for resolution. We also explain what happens after a personal injury settlement offer.
Litigation, if a settlement cannot be reached, ensures your case receives courtroom advocacy. When insurance companies refuse fair offers, we prepare your case for trial and advocate aggressively before a jury. Our trial experience gives us leverage in settlement negotiations.
Ongoing support and communication keep you informed throughout your case. You receive regular updates on your case progress and have direct access to your attorney for questions and concerns. We believe in choosing the right personal injury lawyer who will prioritize your needs.
Contact Our Kalispell Boating Accident Lawyers Today
If you or a loved one suffered injuries in a boating accident near Kalispell, contact Travis & Brann, PLLP for a free consultation. We serve victims throughout Flathead County and the surrounding areas of Montana. Call us at (406) 752-7550 or complete our online contact form to schedule your appointment. We handle boating accident cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Our Kalispell law firm is committed to helping boating accident victims get justice and fair compensation.
Frequently Asked Questions
What should I do immediately after a boating accident?
Ensure everyone’s safety first by checking for injuries and providing first aid if needed. Contact emergency services if anyone requires medical attention. Report the accident to local authorities and obtain a police report number. Gather contact information from witnesses and take photographs of the accident scene, vessel damage, and any visible injuries. Seek medical evaluation even if injuries seem minor, as some injuries develop over time. Avoid discussing fault or signing documents without legal counsel. These steps are critical to protecting your legal rights and building a strong case.
How long do I have to file a boating accident lawsuit in Montana?
Montana’s statute of limitations for personal injury claims is three years from the date of injury. For wrongful death claims, the deadline is also three years from the date of death. However, waiting to file your claim can result in lost evidence, faded witness memories, and difficulty establishing liability. Learn more about how long after an accident you can sue in Montana. We recommend contacting an attorney as soon as possible after your accident to preserve evidence and protect your rights. Under Montana law, these deadlines are strictly enforced, and missing them can bar your claim entirely.
Can I recover damages if I was partially at fault?
Montana follows a comparative negligence rule. You can recover damages even if you were partially at fault, as long as you were not more than 50% responsible for the accident. Your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you would recover $80,000. Learn more about comparative negligence laws in Kalispell, MT. An experienced attorney maximizes your recovery by minimizing your assigned fault percentage. This is why choosing the right attorney matters.
What if the at-fault party was uninsured?
Uninsured boating accidents present challenges similar to uninsured car accident claims. Your own insurance policy may include uninsured motorist coverage that applies to boating accidents. We review your policy to identify all available coverage sources. If the at-fault party has no insurance, we may pursue a personal judgment against them, though collection can be difficult. We explore all options to maximize your recovery. Many boaters are underinsured, which is why we investigate all potential sources of compensation.
How much is my boating accident claim worth?
The value of your claim depends on multiple factors, including the severity of your injuries, medical expenses, lost wages, pain and suffering, permanent disability, and the defendant’s degree of negligence. Minor injuries with full recovery may be worth $10,000 to $50,000, while severe injuries resulting in permanent disability can exceed $500,000. We evaluate your specific circumstances and provide a realistic assessment of your claim’s value during your free consultation. Our experience with high-value cases helps us accurately value your claim.
Do I need an attorney for my boating accident case?
While you have the right to represent yourself, insurance companies and defense attorneys are experienced in minimizing settlements. An experienced boating accident attorney levels the playing field by understanding maritime law, local court procedures, and negotiation tactics. Most victims recover significantly more with legal representation than attempting to settle alone. Our contingency fee arrangement means you pay nothing unless we recover compensation for you. The benefits of hiring a personal injury lawyer far outweigh the costs.