When the sun shines high in the sky, the best place to be is on the water. In Wyoming, boating is a favorite way to spend the summer months, and those who enjoy the activity will tell you that there are few ways to feel as free as when a watercraft is cutting through the waves. However, like with all activities that involve an element of risk, accidents can happen on the water, and when that occurs, it is important for those involved to know exactly what their rights are. This article will explore Wyoming’s personal injury laws for watercraft accidents and will hopefully provide readers with the information they need to get the justice they deserve.
Table of Contents
Types of Watercraft Accidents
Before discussing Wyoming’s specific laws, it is important to understand the types of watercraft accidents that can occur. The following accidents are the most common:
Collisions: When two or more boats collide with each other, it is referred to as a collision. This can occur when boats are traveling too fast, boats are not paying attention, or when boats are operated in a reckless manner.
Capsizing: Capsizing occurs when a boat flips over, causing passengers to fall into the water. This can occur due to rough waters, overloaded boats, or operator error.
Grounding: Grounding happens when a boat hits a submerged object, such as a sandbar or rocks. This can cause serious damage to the boat and can be dangerous for passengers.
Flooding: Flooding occurs when water enters a boat and begins to fill it up. This can be caused by a variety of factors, including leaks and collisions.
Wyoming’s Personal Injury Laws
When a watercraft accident occurs, a victim may be entitled to compensation for their injuries. However, in order to receive this compensation, the victim must prove that the accident was caused by another person’s negligence. Negligence is defined as the failure to exercise a reasonable degree of care and can include actions such as speeding, operating a boat under the influence of drugs or alcohol, or failing to have proper safety equipment on board.
In Wyoming, boating laws are governed by the Wyoming Game and Fish Department. According to the department’s website, all individuals who operate a watercraft in Wyoming must comply with state and federal laws. Additionally, all individuals who operate a watercraft "shall exercise the highest degree of care, including, but not limited to, maintaining a proper lookout, under the prevailing circumstances, to avoid collision, and shall promptly and carefully execute any maneuver that will avoid collision."
Statute of Limitations
In Wyoming, there is a statute of limitations for personal injury lawsuits. A statute of limitations is a timeframe during which a lawsuit must be filed. In Wyoming, the statute of limitations for personal injury lawsuits is four years from the date of the accident. This means that if a victim does not file a lawsuit within four years of the accident, they may be barred from pursuing legal action.
Comparative Negligence
Wyoming is a comparative negligence state. This means that if a victim is found to be partially at fault for the accident, their compensation will be reduced by their percentage of fault. For example, if a victim is found to be 20% at fault for the accident and is awarded $100,000 in damages, their award will be reduced by $20,000, leaving them with a total of $80,000.
Damages
If a victim is successful in proving that another party was negligent and caused their injuries, they may be entitled to compensation for their damages. Damages can include:
- Medical expenses
- Lost wages
- Future medical expenses
- Future lost wages
- Pain and suffering
- Property damage
It is important to note that damages can vary depending on the nature and severity of the victim’s injuries.
Contacting an Attorney
If you or someone you love has been injured in a watercraft accident in Wyoming, it is important to contact an experienced personal injury attorney. An attorney can help you navigate the legal process and ensure that you receive the compensation you deserve. It is important to act quickly, as the statute of limitations in Wyoming is only four years from the date of the accident.
Stay Safe on the Water
While accidents can happen, there are steps boaters can take to stay safe on the water. The Wyoming Game and Fish Department recommends the following:
- Wear a life jacket at all times
- Do not drink alcohol while operating a watercraft
- Stay alert and aware of your surroundings
- Know and obey the rules of the waterways
- Ensure all safety equipment is on board and in working order
By following these guidelines, boaters can reduce their risk of being involved in a watercraft accident and can enjoy the recreation afforded by Wyoming’s beautiful lakes and rivers.
Final Thoughts
Watercraft accidents can be devastating, and victims deserve the right to seek justice for their injuries. By understanding Wyoming’s personal injury laws for watercraft accidents, victims can be better equipped to navigate the legal process and get the compensation they deserve. Additionally, by practicing safe boating habits, everyone can work to reduce the risk of accidents and keep the waterways safe for all.