There are more than eleven million recreational vessels registered in the United States, confirming that Americans clearly enjoy getting out on the water. However, an enjoyable boat ride can turn into a serious accident involving property damage, injuries, and death if the boat operator and riders do not follow safety guidelines and exercise caution while enjoying the waterways. If you suffered injuries in a boating accident, contact the experienced personal injury attorneys at Hall & Lampros at (404) 876-8100 to learn all of your legal options.
Common Causes of Boating Accidents
The United States Coast Guard data confirms that the majority of boating accidents and fatalities involve boat operators who have not had formal boating safety training. Statistics also report that most boating accidents involve smaller boats that are less than 21 feet long. Jet skis, canoes, and other types of watercraft can also experience serious accidents that cause severe injuries or death.
While it is true that wearing a life vest and following the standard safety rules can prevent injuries, serious accidents still happen. Some of the most common reasons for boating accidents include:
- Boat operator is driving in a reckless or negligent manner
- Boat operator is distracted, or under the influence of alcohol or drugs
- Boat operator is driving in a negligent or reckless manner
- Boat operator is inexperienced
- Restricted vision of the boat operator
- Boat deck is slippery
- Boat maintenance was neglected
- Safety gear is inadequate or missing
- Congested waterways or hazardous waters
- Boat equipment failure due to manufacturing defects
One in five boating accidents involve the use of alcohol, and it is common for accidents to involve a combination of one or more causes. If you have experienced a boating accident, it is critical that you visit with an attorney who can help you conduct an independent investigation of the accident in order to determine liability and responsibility.
Proving Negligence in a Boating Accident
Investigating a boating accident and making a determination regarding liability and negligence can be a complex and challenging legal process. In some instances, more than one person is at fault, which makes a determination even more complicated. When determining who is at fault in a boating accident, the following elements are used to prove negligence:
Duty – A boat operator has a duty to drive and behave in a safe manner, and follow all laws of the waterways.
Breach of Duty – If the boat operator acts in a negligent or reckless manner while he or she is operating a boat on the waterways and endangers the safety of the riders, the boat operator has breached that duty.
Causation – The actions of the boat operator must have directly caused the accident and subsequent injuries and/or losses.
Damages – An individual must have suffered actual damages due to the carelessness, negligence, or recklessness of a boat operator.
Steps to Take After a Boating Accident
The following steps should be taken after any boating accident:
- Anyone involved in the accident must stop the watercraft.
- All parties must exchange personal information, including the name and address of the boat operator and the name and address of the boat’s owner.
- The nearest law enforcement agency must be contacted about the accident.
- Anyone receiving injuries must seek medical attention, even if they do not feel immediate pain.
Federal Boating Accident Laws
While states have specific laws regarding boating accidents, and in 1971 Congress passed the Federal Boat Safety Act. These guidelines require watercraft registration and outline navigation rules for boat operators. Both federal laws and state laws apply to boating accidents, but specific guidelines may differ, depending on the details of the accident. Boating laws can be complex, and it is important to see advice from an experienced boating accident lawyer if you suffered injuries or losses related to a boating accident.
Statute of Limitations
If you wish to file a lawsuit to recover compensation for injuries in a boating accident, there is a deadline called the “statute of limitations.” This deadline involves a window of time where an accident victim may file a claim in order to receive compensation from a negligent party for their injuries and losses. It is crucial to seek the advice of an attorney as soon as possible because once the deadline has passed, you will not be able to file a lawsuit to receive compensation for your medical bills, lost wages, property damage, pain and suffering or any other losses resulting from the accident.
If you were involved in a boating accident and suffered personal injuries due to the negligence, recklessness or carelessness of another boat operator, you may have the legal right to recover compensation for your injuries, property damage, and losses. Contact a qualified boating accident lawyer today at Hall & Lampros at (404) 876–8100 and schedule a free consultation. We can help you determine your options, help you build a strong personal injury case, and ensure you never miss a statute of limitations deadline.
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