BOATING ACCIDENT
PERSONAL INJURY ATTORNEY IN LITTLE ROCK, AR
BRIAN W. RAY
FIGHTING FOR INJURY VICTIMS IN ARKANSAS WITH OFFICES IN LITTLE ROCK, MOUNTAIN HOME, & TEXARKANA
Our Little Rock personal injury attorneys at Collins, Collins & Ray offer a fighting chance. We are trial lawyers who do not take cases to settle. We take on only the most serious cases with the highest stakes. These types of cases require an aggressive team that isn’t afraid to stand up and fight for clients at trial. Our results-driven, whatever-it-takes legal representation has helped individuals across Arkansas.
Insurance adjusters know which attorneys take cases to settle and which attorneys will fight. Our entire team will prepare each case as if it is going to trial, and we fight until we get everything available to you. If we cannot get it in settlement, we will fight for it in trial.
Call (501) 392-5007 or fill out our online contact form today to schedule a free consultation with our personal injury attorney in Little Rock, AR.
BIOGRAPHICAL INFORMATION __
Personal Injury, Wrongful Death, Truck Accidents
Brian W. Ray has handled personal injury matters for well over 20 years. 10 of those years he spent as an Insurance Attorney representing Insurance Companies and their insureds that caused harms and losses when negligently injuring Arkansans. Having successfully handled hundreds of serious personal injury and wrongful death claims for more than two decades, Brian W. Ray is able to offer the firms‘ clients significant experience and attention to the things that matter most to those injured by the negligence of others. Claims handling by insurance companies is something that remains difficult and mysterious for the uninitiated. Fortunately, those calling Brian and the personal injury team at COLLINS, COLLINS & RAY, P.A. can get serious help right away. Help to get medical treatment covered and paid. Help to get paid for lost wages. Help to get fair market value payment and sales tax paid for damaged vehicles. Help to negotiate medical and other liens that exist whenever an insurance company makes payments to medical providers on behalf of the injured. Help for the many problems that arise when someone is injured by the negligence of others.
PROFESSIONAL EXPERIENCE __
For more than 20 years, Brian W. Ray has advocated for clients in many areas of serious personal injury litigation. He knows the system and knows how to fight for rights in service to others. Mr. Ray served as a U.S. MARINE, police officer, and deputy prosecutor. He knows that each case is an important event for each client and stands ready to take a case to trial if necessary to obtain the best possible outcome. Mr. Ray graduated Summa Cum Laude from HENDERSON STATE UNIVERSITY before earning his Juris Doctor from the WILLIAM H.BOWEN SCHOOL OF LAW, where he qualified for membership to the WHO’S WHO AMONG AMERICAN LAW STUDENTS. Mr. Ray has earned the respect of both his clients and peers by being continuously named to the BAR REGISTER OF PREEMINENT LAWYERS BY MARTINDALE- HUBBELL for demonstrating the highest possible ethical standards and legal ability. And, he has earned a rating of “10.0–Superb” from the online legal directory, Avvo, where peers and clients have posted their rankings in terms of knowledge, trustworthiness, responsiveness, and keeping clients informed. He is a regularly sought out speaker for legal education seminars for attorneys in Arkansas. Mr. Ray served in the United States Marine Corps, and later as a Police Officer and Detective. Mr. Ray has worked as a Special Prosecutor in high profile matters.
Personal injury law is complicated, but also personal. Mr. Ray understands this and takes a client–centered approach for each individual case. With his unique background, tenacity, and client–centered approach, Mr. Ray works hard to cut through the confusion and get results for his clients.
HONORS & AWARDS __
Honors:
Bar Register of Preeminent Lawyers (Lexis Nexis); Top 100 Best Lawyers (Soiree); Top Lawyers in Arkansas – Legal Leaders; The National Trial Lawyers – Top 100 Trial Lawyers; FBI Citizen’s Academy Program Alumni. (FBI–DOJ); Avvo – “Superb” 10/10 rating; Avvo – “Client’s Choice Award“: “Honor Graduate” Arkansas Law Enforcement Training Academy; “Top Secret” Clearance (USMC).
CASES WE HANDLE
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ARKANSAS BOATING ACCIDENT ATTORNEYS
PROUDLY SERVING ALL OF ARKANSAS WITH OFFICES IN LITTLE ROCK, MOUNTAIN HOME, & TEXARKANA
Here in the Natural State we have many opportunities for on the water recreation. Whether you are on Lake Ouachita, Lake Millwood, Lake Norfolk, Lake Catherine, Lake Hamilton, Lake DeGray, or any of the many other lakes located from Hot Springs, Ashdown to Fayetteville, locals and tourists alike can enjoy everything from parasailing to yachting and all manners of water activities in between. Unfortunately, some do not respect their safety obligations and people can and do get hurt.
Just like when driving on the highway, Arkansas boat operators have a duty to act as a reasonably careful person would do under the circumstances. The failure to do so is deemed “negligence” in the same way as when driving a car or other vehicle. Again, just like on the roadways, boat and Jet Ski operators must avoid taking those actions that a reasonably careful person would foresee as creating an appreciable risk of harm to others. Therefore, boat drivers must refrain from negligence and operate boats in a careful manner or answer under the law to their injured victims.
If you or a loved one are injured while on the water, our attorneys stand ready to take action to ensure compensation is fairly paid to those suffering from the carelessness of others. Such claims commonly involve:
- Boating collisions
- Jet ski collisions
- Swimmers hit by careless boat drivers
- Drunk boat drivers
- Failure of onboard equipment
- Fires
Collins, Collins & Ray offers a free consultation to address your questions and concerns following an injury on the water. Contact us today.
Most Common Types of Boating Accidents in Arkansas
- Collision with recreational vessel
- Collision with fixed object
- Skier mishap
- Jet Ski collision
What Causes Boating Accidents?
The following careless boater actions often cause harm to innocent people trying to enjoy Arkansas’ recreational waterways:
- Operator Inattention
- Improper lookout
- Operator inexperience
- Excessive speed
- Alcohol use
- Machinery failure
- Navigation rules violation
- Hazardous waters
- Weather
- Force of wave/wake
DRINKING WHILE BOATING IN ARKANSAS
Alcohol use is one of the most preventable common causes of boating accidents. Under Arkansas law, a jury sworn to decide a case involving an intoxicated boat operator will be instructed that intoxication does not excuse a person from having to act as a reasonably careful sober person would act. Those choosing to drink alcohol while boating cannot avoid the responsibility to operate watercraft safely.
Second to excessive alcohol use, many of the other causes of accidents are equally preventable when boaters take time to learn how to safely use a boat and keep it well-maintained so that it can be reliably operated. It is just as easy to avoid excessive speed while following the “rules of the road” for boating. Those failing to heed these simple safety practices injure many people.
When It’s Serious…Contact Us
OUR ARCHIEVEMENT
American Institute of Personal Injury Attorneys – 10 Best Client Satisfaction: Brian Ray 2014, 2015, 2016
The National Trial Lawyers- Top 10 Trucking Trial Lawyers: Brian Ray 2021, 2022, 2023, 2024
National Association of Distinguished Counsel Top One Percent: John Collins 2015, 2020, 2021
AY Magazine’s Arkansas Best Lawyers: Brian Ray 2020, 2021, 2022, 2023, 2024
The National Trial Lawyers – Top 100 Trial Lawyers: Brian Ray 2014, 2015, 2016, 2018, 2019, 2021
Nation’s Premier Top Ten Attorney – Personal Injury: Brian Ray 2016
CAUSES OF BOATING ACCIDENTS
Many accidents are caused by the failure to appreciate the complexity of driving a boat or Jet Ski on the open water. Because most people take to the lake or rivers on days well-suited for outdoor recreation, they may become lulled into thinking that boating is no more dangerous than driving a vehicle. Perhaps that is true at times, but unlike cars, most boaters do not use seatbelts. Unfortunately, what this can mean to those injured in high speed boating accidents is that, rather than being restrained and safely caught by an airbag, a recreational boater may be launched from the collision and into the open water, suffering body trauma that prevents basic swimming and water treading techniques. Drowning is among the top causes of death on the water.
As for the causes of such accidents, many people fail to appreciate that boat drivers must maintain constant vigil to see people and other boats approaching from all sides. Failure to keep an eye out for other boaters is a leading cause of preventable boating accidents.
Inexperience is common factor. Many people only take out boats and water toys a few times a year. Consequently, they may fail to become as familiar with the “rules of the road” for boating on a busy lake or waterway. Due to infrequent use, boaters often lack sufficient skill and sometimes fail to master confusing boat controls. Not surprisingly, this inexperience can result in severe injury to the driver’s own passengers and other boaters on the waterway.
Finally, even more experienced boaters can find themselves in unstable waters. Unlike the usually stable road bed engineered and constructed with load bearing considerations in mind, boaters have to operate the boat in waterway that may change from moment to moment based upon the weather, other boaters, debris or water hazards floating on the surface or hidden under water. Even skilled operators can find themselves in less-than-desirable conditions when out on the water.
FREQUENTLY ASKED QUESTIONS
Any relevant information you have regarding the accident should be gathered. This includes, but is not limited to, photographs, videos, written notes you made regarding the accident (i.e. your present sense impression, any witness names), a copy of the police report, your insurance information, any reports reflecting the estimated damage done to your vehicle (i.e. cost of repair), any medical bills that stemmed from the accident. If you have any questions about what information may be relevant to your potential claim, give us a call and CCR will be happy to help you make that determination.
There is a surprisingly simple way to get payment for all your damages without filing suit. By keeping records and documentation about the accident up to date and in order, you can make a copy available to the insurance company, if they are agreeable to a reasonable settlement.
In many cases, unfortunately, the insurance company is less enthusiastic about fulfilling their obligations. We have seen instances of insurance companies prolonging legal negotiations in the hopes that the injured party will eventually grow tired of waiting and settle for a lesser amount than they may be awarded in court. Insurance companies are for-profit corporations with bottom-lines, and they usually conduct themselves in that manner.
If you have been in an accident and feel you are getting short-changed by the responsible parties’ insurance, contact a qualified personal injury attorney today. Here at CCR we are able to answer your insurance related questions, and offer free consultations.
This complex issue involves details specific to your own health and auto insurance policies. For example, a majority of automobile insurance policies provide Personal Injury Protection (PIP) for medical payment “MedPay” benefits. Most people have this coverage and seek benefit of payments from their own automobile insurance policy to pay healthcare providers in an amount up to $5,000 (the actual amount of coverage may vary). MedPay commonly covers medical expenses for the insured, their passengers, other drivers on the policy, and members of the insured’s household. What many people do not realize is that MedPay insurance coverage provides payments to its own insured(s) even if the other driver is at fault.
Other sources of insurance payments might be available to pay for the medical bills as they accrue to include: Private Health Insurance, Medicare, Medicaid, and supplemental health insurance policies. Unfortunately, many healthcare providers have adopted billing practices making it much harder for accident victims to get their bills paid as they accrue and avoid collection. The results of these practices leave accident victims uncertain they will obtain the benefit of health insurance payments. This takes further discussion to illustrate.
In the past, injured victims could easily submit health insurance claims on his or her health insurance policy as they accrued. Indeed, the medical care provider would do this automatically. This is no longer true as many Arkansas healthcare providers choose to forego submitting accident related insurance claims to known health insurance providers (including Medicare and Medicaid) until they can determine whether they may recover more money from the insurer of the liable third-party who caused the collision. Since this may take up to a year or so to figure out, many innocent accident victims find that even though they have private health insurance, Medicare, or Medicaid, the medical bills are not getting paid and in fact turn are often turned over for collection. Yes, even though an accident victim may have health insurance coverage, the health care provider may not seek payment and instead turn over the accident victim to bill collectors. This is because the healthcare provider(s) never turned in the claim for payment from your health insurance at all. Healthcare providers have negotiated contractual obligations to accept lower payments for service charges paid by private health insurance, Medicare, and Medicaid. Therefore, if the healthcare provider quickly submits billing to a private health insurer, Medicare, or Medicaid (which exist solely to provide benefits for their insured after all), then the healthcare provider may lose the chance to get paid more from the insurer of the liable third party. Additionally, in most instances, the right to leverage and seek payment directly from the innocent accident victim grants stronger rights than if the private health insurer, Medicare, or Medicaid sought reimbursement from the liable third party’s insurance company. This leaves many accident victims in the middle and adds to the anxiety and stress caused by the collision because many find that, in addition to being forced out of work and needing to seek medical treatment, the harm is compounded by harassing collection notices, letters, or phone calls and devalued credit scores.
If you have specific questions about your medical bills getting paid give us a call and we can assess your specific situation.
You probably have no way of knowing unless you have prior experience as an insurance adjuster or attorney. Every insurance company hires and pays the salaries of scores of investigators. Those investigators have responsibilities to report to the insurance company first; they answer to the people who pay them first. This may affect your claim in that insurance investigators, also called “adjusters” are trained to gather information in ways allowing them to discount and devalue claims by looking for anything that might prop up an argument challenging fault or proof of damages. Generally, these investigators are very busy and have many claims to handle. It is only natural for them to pay attention to well-documented claims compiled and presented by attorneys who know what they must consider when deciding whether and how much to pay for a particular claim. Your life-altering accident is only “a claim” to the insurance company; one of tens or hundreds of such “claims.” You lost a loved one or the use of your body and the insurance company has a computer and file folders keeping track of your injuries and damages, and they only pay for what gets included in those files. The insurance company has teams of investigators and attorneys to document their file, shouldn’t you? Shouldn’t you have someone who knows how to make sure your life and your claim are being given a fair shot?
To know if you are being made a reasonable offer, it is best to get a second opinion from someone with extensive experience in representing injured people whether the injuries came from: automobile collisions, truck accidents, airplane crashes, or boating incidents. We have an extensive understanding of tactics used by large insurance companies from working for them and against them. When turning our focus and experience to help those wronged by insurance companies, we developed significant experience representing injured accident victims. We don’t take every case, but for clients we choose to represent, we put our experience to work to ensure our clients obtain the level of compensation they are owed and for which they deserve.