Who Is Liable In A Boating Accident
Brian O Sutter
Accident Lawyers
Personal Injury
With Florida's sunny weather and miles of coastline, it is no wonder why so many Floridians are out boating. When you are spending your time out on the water it can be great fun, but accidents can happen. Sadly, boating accidents are not uncommon and can result in severe injuries. If you have been hurt in a boating accident or just want to know what your legal rights are, here are a few things you should know about liability in a boating accident.Negligence Is Key To Liability
In a boating accident, liability depends solely on whether someone's negligence caused the incident. Negligence refers to the failure to act with reasonable care. If the operator of the boat or a secondary boat somehow caused the accident or hurt rescue effects because of actions that were careless and unreasonable, then they are liable for the resulting accident. Sadly, it is not always clear whether negligence was the cause.
Hitting A Wave
When a boat hits a big wave, the jolt can knock passengers down or throw them out of their seats. This can cause terrible injuries and even cause passengers to fall overboard. It is complicated to tell who is liable since there is no other boat around to blame. However, the boat's operator could be liable if circumstances prove it was their negligence that caused the collision.
Colliding With Another Boat
During a collision between two boats, both operators are usually partly liable. Injured passengers on either boat would have a legal case against both operators much like a car accident. However, if one of the operators got injured during the accident, they could have a claim against the other operator. Though this claim only works if the injured operator could argue that they are less then fifty percent responsible for the incident.
Hitting Another Boat's Wake
Much like with a boat hits a wave, it can be hard to tell who is liable. However, a wake does include another boat that could be blamed for the accident. Whether negligence was the cause depends on a variety of factors including the boat's speed, visibility, size of the wake, and whether the boat's operator gave any warning to the passengers.
Colliding With An Object, A Rock, Or The Land
Even when the weather is great, it can be near impossible to see submerged objects, rocks, and land. This makes it rather easy to hit one and cause an accidents. However, this does not necessarily make the operator liable for the collision. Liability will depend on the circumstances and whether the operator's actions were reasonable.
Lack Of Safety Equipment
Whether your boat is large or small, federal and state boating safety laws and regulations require there to be various kinds of safety equipment on board. Though lack of equipment is unlikely to have caused the accident, by failing to have proper safety you can be sued for negligence because it can effect rescue efforts.
Boating accidents can end up costing you a lot. Victims can find themselves stuck with terrible injuries, huge medical bills, and lost employment or wages. Sometimes a victim is unable to survive the accident altogether.
If you live in the southwestern Florida area and have been a boating accident caused by someone's negligence, let us help you get the compensation your entitled to. At All Injuries Law Firm, we are experienced in personal injury law. Contact us today to get your free case review.