Boat accidents that lead to injuries aren't always high-speed collisions between two speedboats. Sometimes, you may be in a small boat and have another vessel make contact with you, resulting in some serious injuries to you. One scenario could be that you were paddling along in your kayak and then hit by a larger boat. You'll want to hire an attorney who specializes in boat accident cases and take legal action against the other boater. As your respective attorneys discuss the suit, the other boater might argue that you weren't visible to him or her, and thus suggest that you share some of the responsibility. You can use these methods to refute that you weren't highly visible.
You Had Plenty Of Bright Colors
It will be hard for the other boater to argue that you were difficult to see if you can make it clear that your kayak was a bright color and that you, too, were wearing bright colors. Photos from the boat accident scene will be integral for supporting this claim. Images of your mangled kayak will show that it was brightly colored — fluorescent green, for example — and you'll also want to share images of what you were wearing while you were kayaking, including your life vest. The brighter that each of these garments was, the better your case will be.
You Were Frantically Waving
If it appeared to you as though contact between the larger boat and you was imminent, it's almost certain that you would have done what you could to alert the boater to your presence. This could have been to wave your hands in the air, or perhaps even wave your paddle high above you. Telling this story is good, but it's even better if any witnesses to the accident can attest to this fact. Similarly, if the accident took place in a marina and was captured on the marina's security camera system, you'll want to get a copy of this footage to show you were trying to catch the boater's eye.
You Were Vocal
It's also probable that you were yelling in an effort to make the boater aware that he or she was encroaching on your space. Security camera footage won't help you because most security cameras don't record audio, but this is a perfect way to involve some witnesses in your boat injury case. If anyone saw what happened, they'll be able to recall how vocal you were — and may even remember your exact words just before the impact. Together, these efforts should suggest that you did plenty to alert the other boater to your presence.
Contact a lawyer, like Edward R. Petkevis, PC, for more help.