the other boater should be looking at jail time. I bet if that were to happen 10 times, 9 out of the ten times, you would have died. The fact that he took off with out checking on you shows malice and he needs to be prosecuted. It's a miracle you guys lived, if you were at the stern, you would have been toast.

I don't think this is a case where he is or should be trying to go after pain and suffering type damages. The situation reeks of the other party preparing to not be held responsible for the incident.

Why?...... especially when you can get away with less?

There are two separate issues here. A criminal issue and a civil issue. On the criminal side, the other boater took off, leaving the scene of the accident, and with people in the water. I do not believe he will be able to mount too much of a defense against that. Even if he were to blame you for the accident, he still took off, and with you in the water. He's got a problem here. Your only job here will be as a witness to a crime.

For the civil matter, this is where your own attorney is needed. Should the other boater try to blame you, you need an advocate to show that you were not at fault. If you're fishing, lights on, you have the right of way. The impact will show that there was speed involved, which could not be you, since you WERE fishing, and thus not moving at a significant rate of speed. This plus point of impact (for both boats) will indicate who was doing what at the time of impact. Compensation will be proved here, and for all of that you need an attorney. And they generally work on a contingency basis.

You have to be made right, financially. This means loss of boat, tackle, equipment, transportation costs, and any medical expenses, etc. Any pain/ suffering, etc. will have to be worked out with your attorney.

Good luck!

Marty

We had a meeting with the police last week to give statements. They said they still had a few witnesses to interview. Probably won't hear anything for another week or two. Much slower process than I thought it would be.