A Boat Ramp Accident, Finally the Story…

[Boatdog]

Original Boat Ramp Accident Thread


Some may remember an incident at the Willamette Park boat ramp about 2-1/2 years ago during Spring Chinook season.

I am sharing this story with you (finally) for two reasons. First, the litigation has now finally ended. I am free to speak of this publicly. Second, there are a couple of really good lessons here, and I think all Ifishers can benefit (somehow) from my experiences in dealing with all of this.

I met Chromaflage and SafetyChain at my house at 11:30 a.m. Thursday. We all got off work early to SPRINGER! fish in the warm, sunny afternoon. We arrived at Willamette Park and readied our gear in the ‘ready area’. I moved the truck and boat to the top of the ramp, waiting for a lane to launch. The nearest lane opened, and I pulled up in preparation to back down. Chromy was on the tongue/bumper, SafetyChain was walking down the dock ramp. I checked all my mirrors and watched over my right shoulder as I backed slowly up (walking speed), aligning the boat in a straight line. As the boat straightened out behind me, I switched my view to watch the dockside mirror. I caught a movement out of my right side, and noticed the fish checker waving his arms. I stopped. I don’t see anything out of the ordinary. Chromy hops off the hitch and goes to the back of the boat, and immediately motions me to pull forward. I have no idea why, but I park the rig 20’ forward and go back to see what’s up.

OMG!!! There is an older (60’s) woman lying on the ramp, about 6 or 8 feet down the slope. (I find out she was knocked down, and not run over).

The fish-checker calls 911, and the rest of us immediately start first aid. A blanket from my rig goes over her to help prevent shock. We see a little blood from her head. She was moaning from pain, from somewhere. Ambulances, fire trucks, and police cars all show up amazingly fast. She is taken to OHSU.

Police interview all involved. No citations issued. Obviously, she walked behind my boat as I was backing down the ramp. She wasn’t with anyone, just out for an afternoon walk.

I later am informed that she had a contusion on her skull and a cracked rib. OHSU decided to operate and attach a metal plate to her rib. I hadn’t heard of this treatment for a cracked rib before. Other tests came out fine, no serious injuries to her skull or brain. Thank goodness.

A couple weeks later I get served the ‘papers’. I’m being sued. (for launching my boat, talking all reasonable care, while she is spacing out and not paying attention to her surroundings, and all while at the boat ramp! Needless to say, I’m pretty upset.) She is asking $300,000 personal + $110,000 economic (medical). Well, two more surgeries later, and bill is approaching $ 500,000 !!!

My insurance was only $300,000. I was sick to my stomach. Never felt more worried and helpless in my life. I was scared of what this would do me financially.

Long story short, my insurance company provided a great lawyer that had lots of experience with cases exactly like this. Not one person I talked with during the entire process thought I had done anything wrong, well, except her and her snotty lawyer.

My insurance company was so on my side that they took responsibility for any $$$ above my coverage. What a relief that was.

The case dragged out 2.5 years, depositions, accident reconstructions, etc., with each trial date getting postponed due to lingering issues with her rib. Finally, a year ago, the case was abated (postponed) one-year.

Yesterday, I received ‘the letter’ I was dreading. “Time for the trial” is what I expected to read. Nope. Case dismissed! Case dismissed? Thank Goodness! It’s finally over!!!! For whatever reason, she decided to drop the case against me. I can only hope that maybe someone realized the reality of the situation. That I wasn’t backing up at 10-15 mph trying to run her down. That I was just doing what any average person does at a boat ramp…launch their boat.

Here’s what I really wanted to share.

Today’s average liability insurance amounts don’t cover squat. If a hospital is involved, you’re under-insured. My recommendation – for $15 a month, I purchased a liability umbrella policy that adds additional coverage for my boat, home, and 2 vehicles.

Secondly, if this ever happens to you, you’ll always question yourself. It was really hard to get back into using my boat. I especially wouldn’t launch solo. It was sickening. Now, I ALWAYS have a spotter at the back of the boat when backing up. You just never know when “IT” is going to happen.

I also want to thank Chromaflage and SafetyChain for all of their support and assistance during this ordeal. It really helped me through it!

[Cool Texan]

Glad to hear it all worked out ok...you got lucky!

[skybuster]

It seems pretty "fishy" to me that she just decided to drop the case all of a sudden that far into it.

More than likely your insurance company's investigation may have turned up something, and she, and more importantly her attorney, realized that they actually had no case.

Good points on the insurance coverage. With insurance premiums as high as they are most people just go with the bare minimum to keep monthly bills down.

[RODACTION]

Good for you B/D, I'm also glad that it all work out for you. That would be a long, long, long...2 1/2 years.

[danger]

Who is your insurance company, they seem like the exceptionn and not the rule?

[Fast Water]

First off congratulation. I am glad to hear that book has been close for you.



I have seen this several times in business:
_______________________________________________

IMO

She and Mr./Ms. Snot were waiting for you and your counsel/insurance company to settle out. When they ran out of legitimate excuses to continue to drag it out they were up against it.

Without a strong case they were going to lose in court and they have always known that. She either had to continue to incur additional legal expenses in hopes that a miracle would occur and she would get a settlement/court victory or cut her losses and bail.

Your counsels determination called their bluff.

[The Croatian]

The million doller umbrella is the secret weapon. I've got one because I rent out a house that has a pool. Before renting it, I asked alot of people how to make the pool safe, fences, locks, etc. Bottom line is you can't make it foolproof so get the umbrella. One more point: I just looked in to changing ins. and found a cheaper car ins deal but then found that my umbella takes over after the 300,000 mark if it is an auto accident. So don't get the state minimum car ins and an umbrella thinking your covered. You'll be liable for the difference in the min and 300 which is 200 g's in Washington

[Boatdog]

I have seen this several times in business:
_______________________________________________

IMO

She and Mr./Ms. Snot were waiting for you and your counsel/insurance company to settle out. When they ran out of legitimate excuses to continue to drag it out they were up against it.

Without a strong case they were going to lose in court and they have always known that. She either had to continue to incur additional legal expenses in hopes that a miracle would occur and she would get a settlement/court victory or cut her losses and bail.

Your counsels determination called their bluff.

SPOT ON !!! That's my take as well.


Danger - State Farm

And yes, I had to bump my auto policies to the max so there was no gap in coverage.

[fishbait]

Glad to hear things turned out OK. Too bad you had to deal with it for 2+ years.

Thanks for sharing.

And as for the umbrella policy, GREAT ADVICE. I have had one for over 20 years, it's actually not that expensive, and these days my 0.02 is if you do not have it you are underinsured.

[USS Minnow]

This is a stupid question I know but was the insurance covered under your automobile insurance or your boat insurance?

[1pump]

Thanx for the update. I feel better knowing I have State Farm.
My girlfriend is over a year waiting for a settlement from getting t-boned last Sept. An arbitrator already ruled 100% in her favor. The insurance company is dragging their feet, hoping to starve us out. Good luck. We're not even close to starving, and we're adding a grand for every month they delay. :tongue:

[Boatdog]

This is a stupid question I know but was the insurance covered under your automobile insurance or your boat insurance?

Not a stupid question at all. Because the boat was still on the trailer and connected to my truck, the auto policy was in effect.

[Danno]

She should have gone after the city. That ramp has a bike/walking trail that is designed to go right across the top of the boat ramp. It sounds like this lady was accidentally hit further down towards the water but the trail crossing and the accessibility of the dock make it enticing to wander down to get a nice river view. I can't believe the number of pedestrians that are around the ramp that aren't part of a boating group. The trails should have been moved up towards the other end of the parking lot for safety purposes.

Boatdog, good to hear that you didn't have to go to court.

[Chromaflage]

Tom, I was so relieved for you when you called me with the news about the case being dismissed. I remember hearing the fish checker yelling to stop. I had thought that something was wrong with the boat. When I walked to the stearn, the last thing I expected to see was someone laying under the back of the boat.

As far as the accident, it was just that. The lady was walking across the boat ramp from the dock - obviously not paying any attention to what was happening on the ramp. She was in the worst spot she could have been in - a bit past where the concrete breaks downward toward the water. I felt bad for her and still do. It was a very unfortunate thing for all involve.

I still think of it every time I back a boat down a ramp - either mine or someone else's.

I'm glad that things turned out as they did. I wish the lady a full recovery. I have no doubt that this has been haunting Boatdog for some time and I'm happy that it's finally concluded. The outcome is as it should be - not just because Boatdog is my friend, but also because it was an accident. Everyone was in the wrong place in the wrong time. I'll also say that Boatdog is one of the most safety conscious people I have ever hunted and fished with - I was a bit hostile with the lady's attorney when he implied that Boatdog was a careless, heartless guy who runs down old ladies with his boat. He couldn't have been farther from the truth.

Congrats, Tom, on the outcome! I'll gladly accept the position of designated spotter for ya any time! Hope you sleep better now. Also praying for a full recovery for the injurred lady.

CrF

[boom_fish_on]

Man that just sounds way too stressful. Two and a half years of stress like that can't be healthy, glad it turned out

[HOGGEMIN]

I am glad to hear this outcome sounds like U were spot on they were just hoping for your ins. to make them a offer to settle out of court since she really had no case. Too many times this goes the wrong way.

[FastAction]

Glad it worked out.. I cant believe the audacity people have some time!!

[wetaline]

My father is a lawyer - The first thing my dad told me to do once graduated and out on my own from college was to purchase an Unbrella policy - said its the best money you'll ever spend! luckily i've never had to use it, but for the $100 some odd dollars it is per year - it gives back a whole lot if ever needed.

[wyeast]

Glad that your insurance didn't settle, more than two years to get to the end of it though!!!!!!! Stress!!!!!

Danno,
Sue the city, what are you talking about? Don't people have a responsibility for themselves anymore! It is a crosswalk area, look both ways before crossing.

[Blackjack]

I have had an umbrella policy for years for just that reason. Fortunately I have not had to use it.