Establishing Liability in Boating Accidents

Accidents can occur anywhere –be it land, water or air. It is important to know how to deal with an accident in case you are involved in one. Most people are aware of what to do in case they are involved in a road accident, but boat accidents often cause confusion. Therefore, it is imperative that you are aware of your legal rights in case you are involved in a boating accident. In most cases, people are aware that the general rule of negligence applies to boating accidents as well. That means if the accident was the result of someone’s neglectful behavior, you could seek damages for the injuries you have sustained from the accident.


Types of Boating Accidents

  • Collision between two or more boats
  • Colliding or submerged in a wake created by another boat
  • Hitting a large wave
  • Colliding with a submerged rock or running onshore
  • Lack of proper safety equipment on the boat

How to establish liability in a boating accident?

Quite similar to auto accidents, liability is established in cases involving boating accidents by proving a direct connection between the act of negligence and the injury sustained. For instance, if your boat hits another boat, the one at fault for the collision is liable to pay for any damages incurred by the other party. Although in some instances, boating accidents involve rocks and high tides. In such a situation where a large wave causes an incident, the boat operator or driver might be found liable if the conditions prove that he or she could have avoided the accidents by acting differently.

If it is proved that in any type of boating accident, any person involved failed to comply with the rules and regulations and their negligence resulted in the accident which caused injury, you may be eligible to seek damages. These damages can include a reasonable amount to cover the cost of your medical expenses, lost wages (in case of disability, lost earning potential) and the suffering caused by accident. Although there is one complication which may arise is the lack of insurance coverage. Boating accidents are not covered by auto insurance and if the person at fault does not have enough assets or homeowner insurance, you might not be able to get damages. But a good personal injury lawyer will find out a way to help you get your rightful compensation.

The implications of boating accident can be severe and life-altering. Therefore, it is imperative that you consult an experienced personal injury lawyer who will work to protect your legal rights and pursue rightful compensation. Contact the team at Wright & James, P.C. to start your recovery process at 404-624-7447.

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