Can A Boat Owner Be Liable For My Injuries After An Accident?
Brian O Sutter
Personal Injury
One of the best things about living in Florida is the access to the beach. Many of us Floridians love to set sail and get out on the water for fishing, watersports, or just to relax. As fun as boating can be, there are risks of injury. Most of them are a result of being out on the open water. However, sometimes when an injury occurs, it is actually the fault of another person. In these cases, the boat owner may be liable for your injuries.Understanding Negligence In Boating Accidents
Negligence is a legal term used for when you are hurt as the result of intentional or unintentional actions of another person. When someone is negligent it means that they didn’t act within reasonable care to prevent injuries. Being hurt on a boat doesn’t necessarily mean that anyone caused your injuries through negligence. However, there are times when someone could be negligent for your boating injuries.
The Four Most Common Boating Accidents
To understand how negligence works in these cases, we have to understand the most common types of boating accidents. These accidents typically happen when boating for fun or as a hobby. Commercial boating accidents are different and a different set of laws apply when it comes to liability and negligence. Here are the four most common types of recreational boating accidents:
● Collision With Another Boat: Collisions between boat are very frequently, especially around harbors. In these cases, negligence is determined similarly to car accidents. There are some stipulations depending on the types of boats involved, but in general, liability is determined much the same way.
● Hitting Another Boat’s Wake: Hitting a wake isn’t as clean cut. In some cases, it is the fault of the boat that created the wake, in other’s it is the boat who hit the wake’s driver. Negligence is assigned based on the speed of the boats, the size of the wake, the visibility, the amount of boat traffic in the area, type of boat, and whether passengers received a warning about the wake.
● Boat Hits A Wave: Since there is a second boat, the driver of the boat that hits the wave would be liable. However, in order to prove liability, you have to prove negligence. Waves are a natural part of the ocean and in certain circumstances cannot be avoided.
● Boat Hits A Submerged Object: Just like hitting a wave, there is no other driver and hitting submerged objects cannot always be avoided. In this case, you would still have to prove the driver acted in a negligent way.
Can I Make A Claim On My Boating Injuries?
Boating accident injuries are like any accident injury. You can make a claim for damages to cover the costs of your related expenses such as missed income, medical bills, and other financial damages. However, in order to win your claim, you will need to prove negligence. Since boating accidents are complicated, it is critical that you work with a personal injury attorney that specializes in boating accidents. An attorney well-versed in the law can help you identify the cause of your injuries, prove negligence, and negotiate a settlement.
At All Injuries Law Firm, we’ve been helping injury victims in the Florida area for over 30 years. So we’ve gained a lot of experience in how to help victims in boating accidents. We’ve seen it all and have helped many people get compensation for their damages. If you’ve been in a boating accident, give us a call at 1-941-625-HURT. We offer a free case evaluation to help you understand your rights after a boating accident.