Looking for a Boating Accident Attorney who will aggressively pursue the maximum compensation in your case?
Many different people contribute to the boating industry, including tourists, fishermen, and locals just looking for a getaway. But like anything in life, accidents can happen, resulting in serious injuries, death, and property damage. If you were injured in a boating accident, you need an experienced personal injury attorney to evaluate your case. Negligence may have been involved, which means you may be entitled to compensation. Here’s more on boating accidents, including what you could do if you or your loved one has experienced an injury.
Call My Rights Law’s Boating Accident Lawyer Today
If you sustained a boat injury, then to make the most of your potential personal injury lawsuit, you should schedule a free consultation with a knowledgeable boat accident attorney who can help you determine how to go about filing a claim or lawsuit. The skilled motor vehicle accident lawyers at My Rights Law focus on helping injured passengers obtain maximum compensation and justice from those who are to blame. Touch base with the boating accident lawyers at My Rights Law for a free consultation by calling (888) 702-8882 or leaving a message on our secure web form.
Boating accidents can happen anywhere: on privately owned boats, a ferry, a cruise, or a boat used as a business. Here are some of the most common types of accidents:
The vessel sinks.
The vessel crashes into another vessel or something else.
The vessel capsizes.
A fire breaks out on the vessel.
A passenger falls overboard.
There is an explosion on the vessel.
Something falls on a passenger on the vessel.
Causes Of Boating Accidents
Boating accidents can have many causes. Here is a list of the most common:
Boating Under the Influence: BUI – sounds like DUI, right? Just as DUI stands for driving under the influence, BUI stands for boating under the influence. Some states’ laws contain the following restrictions relating to boating:
No person can operate a vessel if they are under the influence of alcohol, a drug, or a combination of the two.
No person can operate a vessel while addicted to any drug.
No person can operate a vessel while committing an act prohibited by law or while neglecting a duty the law imposes for boating, which then causes bodily injury to another person.
Inattention: Not paying attention to one’s surroundings can also cause a boating accident. Similar to accidents caused by texting while driving, being preoccupied with your mobile device can also cause boating accidents. Talking with other passengers could also lead to an accident.
Poor Skills: Just like some drivers are better than others, some boat operators are good, and others are not.
Inexperience: Boating accidents can also be caused by someone’s inexperience. If someone is new to boating and does not have a lot of practice, they are more likely to make mistakes than someone who has been boating for decades.
Bad Weather: A storm or rough seas may cause boating accidents.
Machinery Malfunction: Sometimes, the equipment on the boat, like the motor, can fail. This, too, can lead to boating accidents.
Reporting Boating Accidents
Some state laws mandate that certain boating accidents be reported, including when:
Someone is injured and needs medical treatment beyond first aid
There is more than $500 worth of damage to the boat and/or other property
A boat is completely lost
Failing to submit the report may be a crime in your state.
Federal law also requires boating accidents to be reported if the following occurs:
Someone is injured and needs medical treatment
The vessel is destroyed
The vessel or other vessels are damaged in excess of $2,000
However, federal law applies only if you are boating in waters controlled by the federal government. An experienced boating accident attorney will be able to tell you what jurisdiction you fall in.
States put in place laws to improve boater safety. There are age requirements for operating a vessel, for example. Some states require boaters to pass an exam to get a boater card.
You cannot just prove that you were injured in a boating accident to receive damages. You must also prove that the operator of the boat was negligent. In most states, a person can be held responsible for their lack of “ordinary care or skill” in their actions. This “lack of ordinary care of skill” is called negligence.
In order to bring a negligence claim, you must establish the following:
Duty: You must prove that the person who wronged you – often the operator of the boat – had a duty to protect you. Boat drivers have a duty to operate the boat with care and prudence.
Breach of that duty: You must prove that this duty was breached. For example, if the boat driver was speeding or operating the vessel while intoxicated, that would indicate that they were not operating the boat with reasonable care.
Negligence caused your harm: You have to show that if it weren’t for the boat operator’s negligence, you would not have been injured.
In some states, boaters are not required to carry boat insurance. However, you may be able to bring a lawsuit against the negligent person to recover your damages. Damages (the term used for compensation in law) may include the following:
Economic damages: These damages are intended to put you in a similar economic situation as you were before the accident. This category includes:
Loss of future earnings
Non-economic damages: These damages refer to your suffering due to the accident. It also includes compensation to your loved ones for the companionship and attention you can no longer give due to the accident. Examples include:
Pain and suffering
Loss of consortium
Loss of companionship
Comparative Fault System
Many states operate under a comparative fault system of negligence. This means that any damages awarded will be reduced by the percentage of fault that can be attributed to you. For example, suppose it was determined that a boat driver was 80 percent at fault for a crash during a storm because he was drunk. The boat passenger, however, was 20 percent at fault because he was not following boating rules about where to be during a storm, staying on deck rather than going to his room. If the boat passenger sues the boat company, he can only recover 80 percent of his damages.
Time Period To Bring A Claim
Generally, any legal claim must be brought within a specific period from the date of the boating accident. If you do not bring the claim within the period outlined in your state’s statute of limitations, then your case could expire, meaning that you can no longer get compensation for your injuries in court. So don’t delay in finding a personal injury lawyer who can help protect your right to full and fair compensation.
Boat Accident Attorney
If you or your loved one suffered an injury in a boat accident, then you should contact a lawyer with experience in boat accident claims. You might be unsure about who you could sue and how the process works. The attorneys at My Rights Law are here to answer any questions that you may have and to give you legal advice that makes a real difference in your case. We can help you decide what steps to take to protect your rights as the injured person. We understand how a catastrophic injury on a boat can have long-lasting impacts on victims. We will fight hard to help you get justice and compensation. Touch base with the boat accident attorneys at My Rights Law for a free consultation by calling (888) 702-8882 or by contacting us by filling our our secure web form
Boating Accidents FAQ
How Can A Boat Accident Law Firm Help Me?
An experienced boating accident lawyer, or a personal injury lawyer whose practice areas cover boat accidents, can help injury victims recover financially from those who are legally responsible for causing their injuries. Because this type of lawyer knows about state laws, federal laws, federal regulations, and maritime law as it relates to those who are injured in a boating accident, and they often bring boat accident lawsuits on behalf of their injured clients, they know the legal system and how to aggressively negotiate with responsible parties and their insurance companies for resolutions. Critically, insurance companies have experienced lawyers defending cases involving boat accidents. It makes sense for you to hire a firm of dedicated injury lawyers who will stand up to them in your boat accident case.
What Is A Boat Accident?
Watercraft accidents can involve jet skis, small boats, other personal watercraft or privately owned boats, yachts, all the way up to cruise ships. Most boating accidents involve boat drivers or other boat operators causing collisions with other vessels.
Top types of boating accidents involve a collision with a vessel, flooding or swapping, sinking, grounding, capsizing, collisions with a fixed object (e.g., a jet ski hitting the dock), and victims falling overboard. Watercraft accidents can be caused by operator inattention, operator inexperience (lack of proper training; ignorance of proper safety precautions; lack of knowledge on personal floatation devices and other safety devices), excessive speed, machinery failure, passenger behavior, hazardous waters, wake, and bad weather in the Pacific ocean.
What Compensation Can Boat Accident Victims Get For Filing A Lawsuit?
By having an injury lawyer represent you in your boat crash case, you could get various types of compensation to cover your boating injuries, damages, or losses. This could cover medical expenses (anything that relates to your medical treatment), pain and suffering, lost wages, property damage, and more. Lots of money could be on the line depending on the circumstances of the boat accident injury and on the insurance policy maintained by each party in the watercraft accident. For example, a wrongful death lawsuit could involve millions of dollars in damages.
Typically, the insurance company that insures at-fault boat operators and boat owners might offer little money initially to settle your insurance claim, but these settlement offers can increase significantly in value as cases head towards trial – especially in cases of catastrophic injuries. As part of making your case clear, an attorney could retain an accident reconstruction expert to confirm how the accident occurred and to evidence someone else’s negligence. Boat accident lawyers should know how to successfully negotiate claims with insurance companies to get you a proper resolution in a personal injury claim.
My Rights Law’s Boat Accident Lawyers Can Help You Obtain Compensation For Your Boating Injuries
If a boating accident caused you or a family member or other loved one to suffer an injury, then after getting medical attention, get in touch with an attorney for guidance and direction. The skilled boating accident attorneys at My Rights Law focus on helping clients and their families get justice for their injuries. In your consultation, we will prudently evaluate your situation, review insurance policy information for claim validation purposes, and give you formal legal advice on your options. To get assistance from a member of My Rights Law’s personal injury team, call (888) 702-8882 or feel free to contact us by sending a message on our contact form.