Boating can be a great way to spend time during the summer, but accidents do happen. If an injury happens to you in a boating related accident, you may have a legal right to be compensated for your injuries.
There Must Be Negligence
The only way to be compensated for a boating related injury is if it was caused by negligence. Being injured while on a boat is simply not enough to warrant a personal injury case, as someone needs to be clearly responsible for the incident. While this can be very clear-cut if someone is operating a boat while intoxicated, it can be much harder to prove in other situations.
Types of Accidents
To help illustrate how you can determine negligence, here are 3 examples of common boating accidents you may be involved in.
1. Boat Collisions
When a boat collides with another boat, it's typical for both of the boat operators to be somewhat responsible. Therefore, you may be able to make an injury claim against both boat operators, similar to an auto accident case. Each operator would be responsible for a percentage of your injury claim based on their responsibility in causing the accident.
2. Wake Related Injuries
When driving through a boat's wake, it can cause a boat to jolt and knock passengers down. Wake related injuries are difficult to prove negligence, with responsibility typically falling on the operator of the boat you were on at the time.
The operator is responsible for avoiding anything that may be hazardous to the boat and the passengers. This includes things such as the size of the wakes, the speed at which they are driving, the visibility in front of them, and the warnings given to passengers of potentially dangerous conditions.
The boat operator that caused the wake would only be negligent if they were speeding through a no wake area, or from speeding through a crowded area where other boats were anchored or going much slower. In those situations, negligence would be easier to establish.
3. Submerged Object Collision
Boats run the risk of hitting an object that is submerged in the water, and negligence will depend on the safety that the boat operator is demonstrating. If the operator was traveling fast in dense fog, it would be easy to prove negligence. If they unintentionally hit an object with clear visibility and perfect weather conditions, it will be difficult to prove that the accident could have been avoided.
Since these types of accidents are difficult to prove negligence, it is best to work with a personal injury attorney to establish your claim.
Share22 June 2015
When I sued a product manufacturer after a disfiguring accident, I never expected to actually go to court. I assumed that the case would eventually be settled, like most personal injury cases are. To my surprise, they wouldn't budge, and we ended up having to go all the way to court. I was pretty nervous about testifying, but I had a great attorney that prepared me well, and everything went smoothly. In the end, the jury saw things my way. I realized that I probably wasn't the only person to ever experience an unexpected day in court, and that's how I got the idea to start this blog. If you're looking for tips to help you prepare or wondering what to expect when you go to court for a lawsuit, this blog contains important information for you.
