Unique Legal Challenges Associated with Boating Accidents

Just like car accidents, boating accidents can lead to an array of issues, including property damage, personal injury, and even death. According to the latest statistics, more than 4,150 boating accidents happen every year in the United States. Of those, approximately 625 people die and over $41 million is done in property damage. If you were injured in a boating accident, it is important to understand some of the unique challenges that you might face.

For one thing, depending on the situation, sustaining an injury as the result of a boating accident where another party was at fault could involve a claim based on local, state, federal, and even international laws. That alone can make things complicated. This is just one reason that you should always work with a qualified attorney who is familiar with both boating laws and accident liability.

When it comes to responsible operation, boating is no different than driving a car. Another challenge comes in trying to determine the exact type of negligence. Of course, being injured in a boating accident in which another person was at fault could be an unfortunate accident. Perhaps the driver of the boat hit a floating log or had to swerve to avoid a collision. However, it could also be negligence. If that were the case, you need a great attorney who can determine the exact type of negligence on which to build the case.

Among the most common types of negligence include inattention by the operator, inexperienced driver, improper lookout, speeding, and alcohol or drug intoxication. In fact, of all fatal boating accidents, the number one contributing factor was alcohol. To win a judgment, your attorney will conduct a full investigation to uncover any negligent behavior.

There is also the issue of establishing liability. When suing the at-fault operator of a boat that caused you to be injured, certain evidence must be presented to the court. Because this plays such a critical role in how your case plays out, your attorney will look for specific evidence like eye witnesses to the accident, police or any other official reports, surveillance video, local or state records, and physical evidence that might have been left behind by the boat itself.

Keep in mind that when arguing the operator of the boat violated laws and therefore was negligent, your attorney will first determine which laws would be applicable during the time of the accident. From there, evidence will be gathered to help bolster your case. Similar to other personal injury cases, being injured as the result of a boating accident requires that a foundation for liability be established. This includes things like damages, negligence, causation, and duty of care.

To ensure that you recover financially due to medical bills and lost wages, but also collect on pain and suffering for your ordeal, you want the best personal injury attorney standing in your corner. Because of the complexities involved, this is in your best interest for achieving a positive outcome. Especially if someone you love was killed in a boating accident, you need a reputable attorney who is knowledgeable about the laws but also someone with compassion.

Posted on:
June 30th, 2016

Category:
Personal Injury Law