Boat
This representational image shows a powerboat moored in shallow rough seas in the Florida Keys, Sept. 9, 2017. Getty Images

A dramatic video captured three fishermen jumping into freezing Columbia River to avoid being injured when another boat plowed into their vessel. One of the fishermen has now filed a $372,500 lawsuit, accusing the driver of being distracted by his cellphone moments before the crash.​

The incident took place on Aug. 12, 2017 near the mouth of the Columbia River and the Pacific Ocean, and the lawsuit was filed earlier this month by Bryan Maess against Marlin Lee Larsen, 75.

According to reports, Larsen told investigators he was unable to see the oncoming boat because he was sitting down while driving. He admitted that he probably should’ve been standing while driving the motorboat.

The video of the collision, captured by an onboard GoPro mounted to the dash of Maess’ 20-foot Weldcraft fishing boat, shows him and fellow passengers Christopher McMahon and Roni Durham frantically waving their arms as Larsen’s 31-foot Bayliner came toward them. The three then jump into the icy water moments before the two boats collided.

Following the incident, Clatsop County sheriff's deputies charged Larsen with reckless operation, three counts of reckless endangerment and three counts of fourth-degree assault. Drugs and alcohol did not appear to be a factor in the crash, deputies said, according to The Oregonian.

Larsen’s son-in-law, who was also on the boat at the time of the crash, told investigators that there were times when he had seen Larsen using his cellphone while driving the boat. State law bans cellphone use while driving, but there are no specific laws governing cellphone use while boating.

Larsen has denied using his cellphone while driving the motorboat, saying the allegations were “fake news,” according to local media. He pleaded not guilty to the charges against him.

The lawsuit filed by Maess states that for more than five months after the crash, he continues to suffer vision problems, headaches and injuries to his ankle, leg and arm. Investigators also said that Maess and the other passengers escaped serious injuries or death by jumping into the water.

Attorney Josh Lamborn said Durham, who is yet to file a lawsuit, suffered psychological trauma during the crash and hasn’t been able to return to the water since August.

Watch the video below.