Montana is well-known for its beautiful lakes and rivers, which attract boaters from all over the country. However, boating under the influence (BUI) is a serious criminal offense in Montana, just like driving under the influence (DUI). Unfortunately, many people still disregard the law, leading to personal injuries and fatalities in boating accidents caused by BUI. Here’s what you need to know about Montana personal injury cases involving BUI.
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What is BUI?
BUI refers to operating a boat or other watercraft while under the influence of drugs or alcohol. Montana’s boating laws prohibit anyone from navigating a watercraft while their faculties are impaired by alcohol or drugs, similarly to drunk driving laws.
If you operate a boat or other watercraft on Montana’s waterways with a blood alcohol concentration (BAC) of 0.08 percent or higher, you’ll be considered intoxicated, and you could face criminal charges for BUI.
The consequences of BUI
Boating under the influence can lead to serious personal injuries, fatalities, and property damage. Alcohol and drugs impair judgment, vision, balance, and reaction time, making it challenging or impossible for the operator to react to obstacles, other boats, and weather conditions.
Injuries that may result from BUI accidents include head injuries, broken bones, spinal injuries, lacerations, and drowning. The aftermath of these accidents often results in long-term medical care, lost working days, and decreased quality of life.
Moreover, BUI convictions in Montana carry severe criminal and civil penalties, including jail time, fines, driver’s license suspension, probation, and community service.
Proving liability in Montana BUI personal injury cases
If you’ve been injured in a boating accident caused by someone operating a watercraft under the influence of drugs or alcohol, you may be entitled to compensation for your injuries and damages. To establish liability and obtain compensation in Montana personal injury cases involving BUI, you’ll need to prove the following:
The operator of the boat or watercraft was under the influence of alcohol or drugs. This can be established through a blood test, breathalyzer, or field sobriety test, and also through witness statements, video footage, and other evidence.
The operator’s impairment caused or contributed to the accident. This can be proved by analyzing the accident scene, eyewitness accounts, and other forms of documentation. It’s worth noting that Montana follows a comparative fault rule, meaning that if the injured party is partially at fault for the accident, their compensation may be reduced by the percentage of fault attributed to them.
The accident resulted in personal injuries or damages. If you’ve suffered physical, emotional, or financial losses due to the accident, you may be entitled to compensation for your medical bills, lost wages, lost earning capacity, pain and suffering, and other damages.
Seek legal assistance for your Montana BUI personal injury case
Montana personal injury cases involving BUI can be complex and challenging to navigate, so it’s essential to seek legal assistance from an experienced personal injury attorney. A reputable attorney will have the knowledge and expertise needed to evaluate your case, gather evidence, build a strong claim, and negotiate with insurance companies or represent you in court if necessary.
If you’ve been injured in a boating accident caused by someone under the influence of drugs or alcohol, don’t hesitate to seek legal help. You deserve compensation for your injuries and damages, and an experienced attorney can help you obtain the justice you deserve.