A group of fisherman were forced to dive into a freezing cold river to escape being crushed by a motorboat bearing down on their small vessel.
Bryan Maess was fishing with friends near the mouth of the Columbia River in Oregon when the motorboat crashed straight into the small boat in August last year.
Footage captured on a GoPro mounted inside the fishing boat shows Mr Maess frantically waving at the boat as it approaches to get the driver’s attention.
He repeatedly shouts ‘hey!’ as the vessel gets closer, while another on board is heard saying ‘oh my god’ before the trio dive into the water.
The fisherman suffered injuries to his ankle, leg and arms in the incident and has had vision problems and headaches since, the lawsuit says.
Mr Maess claims in the suit that the boat driver, Marlin Lee Larsen, was distracted while using his mobile phone when the incident occurred. However Mr Larsen told local media the allegations were “fake news”.
The 75-year-old has pleaded not guilty to criminal charges of the reckless operation of a boat, fourth-degree assault and recklessly endangering the lives of others. The case is ongoing.
There are no laws prohibiting the use of a mobile phone when driving a boat in Oregon, however there are laws against operating a boat without due care.
Investigators say the trio could have been killed or seriously injured if they hadn’t jumped into the water.