Boat accidents claims have legal underpinnings in relation to personal injury claims such as establishing negligence and liability when the accident was caused by a wave. In a pleasure boating accident that is covered by state laws, you will usually have to show negligence.
YOU MAY BE ABLE TO RECEIVE FINANCIAL COMPENSATION FOR YOUR BOAT ACCIDENT INJURIES.
People use boats for both pleasure and work, and liability varies depending on coverage. There are different types of reasons for boat injuries such as:
- Whenever a boat collides with another boat
- Whenever a boat collides with a submerged obstacle such as a rock and
- Whenever a boat collides with the wake of another boat, or a boat hits a wave.
According to Justia.com, “both federal and state laws may apply to boat accidents. When a boat accident occurs at sea, maritime law, rather than state common law, may apply. Under federal law, a boat operator or owner must file a boating accident report with the state reporting authority when somebody dies, disappears, or requires medical treatment beyond first aid, when property damage amounts to over $2,000, or when a boat is destroyed. The boating accident report may be used as evidence in a personal injury lawsuit.”
PERSONAL INJURY CLAIMS AND LIABILITY AFTER A BOAT ACCIDENT
Boat accidents claims have legal underpinnings in relation to personal injury claims such as establishing negligence and liability when the accident was caused by a wave. In a pleasure boating accident that is covered by state laws, you will usually have to show negligence, which is that someone failed to act with reasonable care and the failure caused an accident, in order to recover compensation for an injury. When two boats collide, liability and responsibility are accessed differently with several varying factors. For example, some states require motorboats to stay out of the way of sailboats because they are more maneuverable.
What if a boat operator crashes into the wake of another boat and not the boat itself? In general, all boat operators are required to look out for potentially hazardous situations. Liability in that case depends on factors such as:
- Boat traffic
- Whether a boat operator warned passengers of the wake
- The type of boat
- The size of the wake
- How fast the boat was moving
The operator of a boat that creates a wake can be found negligent depending on the location. There are no wake zones in some marinas and harbors. When a boat creates a wake in those locations, it may be found negligent. In most cases, however, the operator of the boat that is affected by the wake may be considered negligent for failing to warn passengers.
OTHERS CAUSES OF BOATING ACCIDENTS INCLUDE
- big wave
- hitting something submerged, even when an operator is driving with due care.
- failure to have safety equipment in case of an accident.
When safety equipment is not available, and injuries are made worse as a result, the boat’s owner or operator may be found negligent.
SOME STATE SAFETY LAWS REQUIRE
- life jackets
- fire extinguishers
- navigational lights
- and flares be on board
Some of the damages you may be able to recover as an injured boating accident victim are medical bills, lost income, loss of income, and pain and suffering. In some cases when a boating operator has assets, it may be possible to recover damages directly from the boating operator even if there is not insurance. Employees injured while working on navigable waters can typically have an opportunity to recover damages as well. Workers covered are usually longshoremen, port workers, repairmen, and ship builders. If you are covered, you may be able to secure temporary total disability benefits, temporary partial disability benefits, and permanent total disability benefits.
The Kurt Thompson Law Group will protect your rights and ensure you know all your legal options. Our attorneys are available 24/7 including weekends to be there when you need us. Please contact us today at 1-888-487-8971.