The Brown Law Firm can help you if you or someone you care about has been injured in a rafting accident in Alaska. There are some incredible rivers and waterways here, and rafting is one of the best ways to experience them. But rafting can also be dangerous. That doesn’t necessarily take away your rights to file an injury claim, and our team can help you through that. Set up a free consultation today.
Does it Make Sense to Speak to a Lawyer After a Rafting Accident?
A rafting accident can be a lot to deal with. You may be trying to recover from your injuries while also dealing with medical bills, missed work, and questions about what actually caused the accident. Not every accident requires a lawyer. If you walk away with a minor injury, you may be able to handle things on your own. But if you’re seriously hurt, things can get complicated pretty quickly. Here’s where we can help:
- Look into the accident and figure out what happened
- Collect important evidence and documents
- Figure out who may be responsible
- Look at your injuries and what your claim may be worth
- Deal with insurance companies for you
- Explain the legal process in plain English
- Help you understand your options
- Take some of the pressure off you and your family
Rafting accidents can be scary, especially when you trusted a guide or rafting company to keep you safe. You shouldn’t have to spend your recovery trying to figure out the legal side of things, too.
Information That Can Help After Your Rafting Accident
No matter how experienced you are on the rapids or on the water, rafting is still pretty dangerous. And conditions can change so quickly that it’s hard to know what to even look for after something goes wrong. With that said, though, there’s going to be certain pieces of information that can help you later.
Before you get them, though, the first thing you need to do is get to safety and call for help—especially if you’re not with a group. Your top priority is getting medical help, but if it’s safe, it’s also a good chance to get a few basics, like:
- Pictures or videos of the raft, river, rapids, rocks, equipment, your injuries, and anything else that shows what the scene looked like after the accident.
- Names and phone numbers of anyone who saw what happened.
- Information about the rafting guide, company, or employees who responded after the accident.
- A quick mental or written note about the weather, water levels, current, visibility, and river conditions at the time of the accident.
Once you’re away from the river, getting some rest, and starting your recovery, the focus shifts to putting together the information you’ll need for a potential claim. Try to keep track of things like:
- Medical records and bills documenting your injuries
- The official accident or incident report prepared by the rafting company, guide, EMTs, or police
- Copies of any waivers or other documents the rafting company had you sign before the trip.
- Rental paperwork or agreements if you were using rented equipment.
- Documentation of lost income if your injuries keep you from working.
- Notes and receipts for additional expenses, damaged or lost equipment, and other out-of-pocket costs related to the accident.
You don’t have to have all of this figured out right away. Your first priority is getting somewhere safe and getting the medical attention you need. Once that’s taken care of, even a few pictures on your phone and some basic notes can help get things started—and our team can help you track down and organize the rest. However, the circumstances are also important, so you need to also think about how these accidents happen.
How Do Rafting Accidents Happen in Alaska?
Most people understand that rafting is somewhat risky, but that doesn’t mean you don’t have options when you’re injured in an accident. But there’s also an important distinction to remember here: some of them happen on organized, guided trips, while others happen during private/recreational trips. That will come more into play once you enter the claims process, but it’s also about understanding what these accidents entail. Typically, they happen when:
- The raft capsizes because it was overloaded or a guide took an unnecessary risk
- You and others are thrown overboard because of a reckless move or bad navigation
- There’s poor navigation or failure to account for river conditions, which can then lead to a collision with rocks
- A reckless or careless move leads to a drowning or near-drowning, or hypothermia
Obviously, there’s a lot of different variables at play on a rafting trip. But whether you’re part of a guided trip with a rafting company or on your own, you shouldn’t be left paying for someone else’s mistake. And because the circumstances matter, it can also point you toward something important: figure out who’s responsible.
Who’s Responsible for Damages in a Rafting Accident?
Like a lot of other outdoor activities, rafting is exhilarating. And as exciting as it is, it’s still hard to account for the conditions. Rivers can change, rapids can be unpredictable, and accidents can happen even when everyone is doing what they’re supposed to do.
But sometimes, something happens that’s outside of your control. That’s where negligence comes in. And just like any other accident, negligence leads to legal responsibility for your injuries. In the context of a rafting accident, that might land on the:
- Rafting company that failed to take reasonable safety precautions.
- Rafting guide who made a careless decision or failed to properly respond to changing river conditions.
- Person using the raft who was reckless or inexperienced.
- Companies that provided, manufactured, inspected, or maintained defective or poorly maintained rafting equipment or safety gear.
As you probably understand by now, figuring out responsibility means looking at everything that happened before and during the accident—not just what happened when you got hurt. The conditions and circumstances both make a huge difference in how things move forward. But from your perspective, it’s more about getting things close enough to where you can move forward and get financial help for what you’ve lost.
What Damages Can I Get in a Rafting Accident Claim?
Rafting accidents can cause some pretty serious injuries. You’re not just dealing with the impact of a fall or collision. You could also be dealing with drowning, cold-water exposure, being thrown against rocks, or getting trapped in strong current. Then, there’s the emotional and psychological side of something like this. There’s ongoing pain, anxiety, and other issues that can last long after your physical injuries have healed.
When you put it all together, you have a better idea of what your “damages” are. But to actually get them, you’ll have to file claim through either:
- An insurance outside of court
- A personal injury lawsuit in civil court
Once that’s done, the focus turns to what you can actually recover. It’s based on things like:
- Future medical treatment and rehabilitation
- Lost wages and reduced ability to earn income
- Repair or replacement costs for damaged rafting gear or personal property
- Pain and suffering
- Emotional distress and trauma
- Permanent disability or impairment
- Loss of enjoyment of life
- Wrongful death expenses if the accident results in a death
Alaska’s rivers bring in people from all over looking to raft, explore, and enjoy the outdoors, and most trips end without incident. But when an injury does happen, figuring out exactly where and how the accident happened is often one of the first steps in answering important questions. Our team can help you sort through those details and figure out what options you have moving forward.
Frequently Asked Questions
What if I don’t know who owns or operates the rafting company?
That’s okay. You don’t need to know who’s responsible before you call us. We can help investigate the accident and figure out who may be liable.
What if I signed a waiver before going rafting?
Don’t assume signing a waiver means you can’t file a claim. The language of the waiver and what caused the accident both matter. We can review it and help you understand your options.
What if the accident happened during a guided rafting trip?
The guide or rafting company can be responsible if they made poor decisions, didn’t train people properly, or used unsafe equipment and that led to the accident. We can look at all the angles to figure out your best options.
Contact The Brown Law Firm After a Rafting Accident in Alaska
If you’ve been hurt in a rafting accident in Alaska, you don’t have to figure out what to do next on your own. Our personal injury team can look into the accident, identify who may be responsible, deal with the insurance companies, and help you understand your legal options. Set up a free consultation today.