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The Salt River Injury Guide

Summer is almost here, which means everyone will be looking for ways to beat the heat. If you love to get outdoors, one of your favorite ways to stay cool may be by heading to the Salt River. But there’s always a risk of injury in the great outdoors- if someone else is responsible, shouldn’t they be held financially responsible? Read on for more information about filing an injury claim if you’ve been injured at the Salt River. To schedule your free consultation with an Arizona injury attorney, call 480-470-1504.

Is There Such a Thing As BUI?

You’ve probably heard of DUI, or Driving Under the Influence (of drugs or alcohol). It is illegal pretty much everywhere to drink and drive, but DUI laws vary by state. Having a BAC above a certain threshold while behind the wheel results in a misdemeanor arrest, but if aggravating factors are present, charges can be elevated to a felony. In Arizona, DUI law applies to anyone in actual physical control of a motor vehicle while under the influence. This law is A.R.S. § 28-1381. But Arizona also has a law in place specifically for BUI, or A.R.S. § 5-395. If someone causes a crash on an Arizona waterway while under the influence, it can give the plaintiff more leverage in an injury claim.

Paddle and Motorized Watercraft Collisions

When a motorized boat collides with a kayak, paddleboard, etc., it could be extremely dangerous for the paddler. But who is at fault in a collision of this kind? It is most often considered the boat’s fault, because a motorized watercraft travels more quickly and the operator should be paying attention to steer away from other watercraft. On the Salt River and Arizona’s other waterways, Inland Navigation Rules apply. A boater has a duty to keep a lookout for other watercraft and maintain a safe speed. They should also give way to non-motorized vessels and avoid creating wakes that could cause those vessels to capsize.

Injured plaintiffs are still expected to take reasonable precautions to be safe in Arizona’s lakes, rivers, and other outdoor destinations. One factor that could be used against a paddler injured in a collision with a motorized watercraft is if they were not wearing a life vest. This is considered comparative negligence, and could be used to reduce the defendant’s liability.

Tubing Trips and Liability Waivers

One of the most popular ways to traverse the Salt River is by using a rented tube and shuttle service. Generally, anyone using these services will be required to sign a liability waiver. This is an agreement to not hold the service liable for any injuries that occur during the Salt River trip. Courts usually uphold liability waivers, even if the customer didn’t fully read it before signing. Don’t expect to have a liability waiver invalidated because you were drunk when you signed it, although the tubing company shouldn’t let you on the river if you are that visibly intoxicated.

While courts tend to uphold liability waivers, it is to protect companies from liability from ordinary negligence, not gross negligence. For example, if you were to get kicked in the head by one of the Salt River horses, this is an unfortunate accident but a reality of the area that the tubing company can’t control. On the other hand, sending out a group of tubers during a flash flood warning is something that the tubing company can control, and would fall under gross negligence that might escape the bounds of a liability waiver. You could also be injured in a traffic collision on a shuttle bus after the river. Here, the plaintiff should argue that the shuttle bus should be held to the common carrier standard of ensuring safety for customers.

Filing a Notice of Claim

If you’ve been injured on the Salt River, the party at fault might not be another person enjoying the water. A government entity could be responsible for your injuries. Some portions of the Salt River run through the Tonto National Forest, and other land is managed by the Salt River Pima-Maricopa Indian Community. Here, the plaintiff needs to determine who is responsible based on where the incident occurred. Tribal claims will need to proceed through Tribal Court, which is an entirely different system than the Arizona court system. Accidents occurring in the Tonto National Forest fall under Arizona state law. However, the plaintiff must first file a Notice of Claim if they wish to sue a government entity in a personal injury claim.

A.R.S. § 12-821.01 is Arizona’s Notice of Claim law. This law applies to any plaintiff who wishes to sue an Arizona public entity, public school, or public employee. A claim against such a party must be made within 180 days of the cause of action. This is a much tighter timeframe than the standard 2-year statute of limitations that applies to most other Arizona injury claims. The plaintiff should create a claim that explains the basis of liability, as well as a specific settlement offer (a dollar amount) and an explanation of that number. The state has an interest in ensuring that all lawsuits against it are resolved in an efficient manner.

What Kinds of Damages Can I Recover in a Salt River Accident Claim?

Most people are unaware of how many other types of damages they can pursue in an injury claim besides medical bills. Personal injury damages attorneys know the plaintiff only has one shot at recovering in an injury lawsuit, so it’s of the utmost importance to include all applicable damages in an initial claim. Some of the damages an injured plaintiff can consider including in their lawsuit include:

Medical bills: It goes without question that medical bills arising from an accident are part of an accident claim. But for serious injuries, the plaintiff should be sure to include damages for their future medical care. This is especially true if the plaintiff is suing a government entity and only has 6 months to file their claim.
Lost wages: Serious injuries require serious medical treatment, and that can prevent a patient from going to work. Here, a plaintiff can pursue lost wages whether or not they had PTO accrued to cover any time missed from work due to a Salt River accident. If the injuries are severe enough to permanently hinder the plaintiff’s career, lost earning potential should be pursued as a damage as well.
Pain and suffering: Sticker shock from the medical bills surrounding a Salt River accident isn’t the only pain the plaintiff will experience. It can be difficult to put a dollar value on the physical and mental toll that a serious accident and the ensuing medical recovery can place on a person. Many injury lawyers create an estimate using an equation based on the severity of the accident and the sum of the plaintiff’s total damages.
Property damage: Don’t forget to pursue compensation for gear, electronics, and any of your other belongings that may have been damaged in a Salt River accident.

Schedule Your Free Consultation with an Arizona Injury Lawyer Today

If you’ve been injured at the Salt River, you may be on a limited time frame to pursue compensation for your damages. There may be several factors that make your case more complicated than a typical rear-end or slip-and-fall case. You’ll want a skilled attorney to help you navigate these issues and get the most out of your claim. Our top rated Arizona law office offers free phone consultations to get started and competitive contingency rates, so we don’t get paid unless you win. Schedule your free consultation today by calling 480-470-1504.