Injury Claims for Boat Accidents
Posted on Jun 23, 2014 12:43pm PDT
A pleasure trip can quickly turn into a painful, costly hospital trip if boat operators are not careful. If you were a passenger on or operator of a boat during an accident, you might be able to obtain compensation for any injuries you sustained. But that possibility depends on a lot of factors, including the complicated aspect of who is actually at fault, and whether or not the faulted person has insurance.
First of all, who can be fault for a boat accident?
- If two boats collide, both operators are likely at fault. If a sailboat is struck by a motorboat, however, motorboats are supposed to avoid sailboats, potentially making only the motorboat operator at fault.
- If someone goes overboard from colliding another boat's wake, either operator could be at fault. If reckless or illegal maneuvers created the wake or wave, then that operator could be to blame. If a boat operator negligently failed to avoid the wake, however, then he or she could be faulted.
- If a boat crashes into a rock, submerged object, or land, then the operator may or may not be at fault. If the operator was scrupulous about following speed laws and available maps and charts, they can probably avoid liability. If however visibility was bad and the operator was racing without any maps or precautions, he or she could be blamed.
- If a boat didn't have safety gear, then the boat owner could be liable for not providing life jackets, life rings, flares, and other necessary items.
In short, if you are an injured passenger, your ability to find compensation is a simpler process than if you are an injured operator. As an operator, your compensation can be reduced by the percentage you were at fault, and if you were more than 50 percent at fault, you might got any compensation at all, unfortunately.
Another difficulty in finding compensation is that your own boat insurance is unlikely to cover you. You might be able to file an injury claim against a liable operator's boat insurance, but if he or she is uninsured, then your options could be restricted. You might be able to go after their homeowner's insurance, or file a personal injury lawsuit, however.
If you need to file an injury claim, you may very well need a legal advocate on your side for trusted advice and skill. Call a personal injury lawyer today!
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