What are some causes of boating accidents?Boating accidents can happen in a number of ways. There is the possibility that you could be on a boat owned by a friend or acquaintance and you are hurt while onboard, such as by slipping and falling on wet floors or getting injured because of a defective with the structure. A sail or rope may detach or swing around and hit you, or different parts of the boat can cause you injuries. In addition to onboard boating accidents, there are also risks associated with being out on the waterways. Some examples of accidents include:
- Operator error, which can cause the boat to capsize or to crash into another boat, structure, object, or even home if it is close enough to the water
- Jet ski accidents, usually involving ejections, crashes, and being dragged along if you are somehow still anchored to the boat
- Speeding, which can be extremely dangerous in larger boats, as there will be no safe way to stop given the current
- Unlicensed boating, which can involve underage individuals, people who have not taken tests, and more, leading to dangers for all involved
- Drunken boating, which is a common occurrence and can cause impairment and lack of inhibition and motor skills
- Failure to obey maritime rules, such as boating after sunset or going too close to certain dangerous areas
- Lack of life jackets, which save hundreds of individuals who fall off boats and cannot swim or tread water
- Boat defects, such as broken rudders, broken sails, defective jets and nozzles, and more, which can be attributed to the error of the company even more than the operator of the boat
Who is responsible for injuries from a boating accident?In many scenarios, the individual who owns the boat or who is operating it will be held accountable for the injuries suffered to others on board. However, there may be other people at fault. For example, if you were struck by another boat, the driver or owner of that vehicle would be liable.
Find out more about how we can help you. CHAT LIVE with a representative now.You may have been present on a boat that was used for commercial purposes. Tour boats, cruise ships, class boats, and more are all generally owned and operated by businesses. Therefore, if there are injuries to any individuals on board, the business can be held liable. The operator and the company must ensure a high level of safety for those on the boat and should not place them in any harm.
– Pool accidents – Injured at a Public Pool? – Private pool accidents – Hotel Liability Swimming Pool Accidental Drowning – Swimming Pool Drowning Lawyer – Hotel drowning accidents – Virginia Graeme Baker Pool & Spa Safety Act – Hotel Liability for Accidents and InjuriesAdditionally, some boats are sold with defects or problems. These manufacturing flaws or errors by the company can create accidents. If a company can be blamed for an accident because of such a defect, it can also be held liable and be made to pay for the ensuing damages and losses. If you are unsure of who can be held accountable for injuries suffered in a boating accident, contact our law firm for more assistance.
How can I sue for injuries in a boating accident?In order to successfully file a lawsuit for compensation from boating accident injuries, you should make sure that you have substantial proof of negligence. This proof must show that you were owed a duty of care that was violated, and that the breach of duty led to an accident that caused physical harm. Your proof can include the following:
- Pictures of the scene of the incident
- Photos of the boat and the defect
- Pictures of the injuries you suffered
- Videos of the incident, if possible
- Statements and testimonies from other passengers or bystanders
- A receipt showing you were a customer on a commercial boat
- Any report from the police, Coast Guard, or other authority if they went to investigate
How long do I have to sue for a boating accident?The statute of limitations to file a lawsuit for damages sustained in a boating accident is 2 years from the date of the injury. All personal injury claims in California follow this deadline. If you do not sue within that time limit, you won’t be able to collect any compensation for your losses. It is important that you understand how much time you have left on your claim. Your primary goal should be to file the lawsuit ell before the time limit expires so that your evidence is completely preserved and nothing is corrupted.
To speak with a Los Angeles brain injury lawyer, call (213) 389-3765.There are a few ways in which the statute of limitations can be extended past the 2-year limit. These exceptions are as follows:
- Minors cannot legally sue, so they do not have to adhere to a statute of limitations until they turn 18 years old
- Mentally incapacitated or physically incapacitated individuals cannot sue in good faith or ability, so they can wait until they return to functioning health and body before they follow the time limit
- Defendants who have left the state cannot be sued, so plaintiffs can wait until they return to sue, as the statute of limitations will not count down in the meantime during the absence
What is the worth of a boating accident lawsuit?The worth of your boating accident claim will vary greatly depending on the injuries you suffered and how much of an impact they had on your life and career. The insurance agent handling the case will look at how hurt you were and if those injuries made it difficult for you to continue working or to find a new job. He will also look at whether or not you were partially responsible for the incident. If you were seriously injured and the effects were prevalent, the agent may offer a large sum or settlement. However, many insurance agents are reluctant to pay out such settlements, and our lawyers will negotiate a better deal. We will work to bring your following forms of compensation:
- Medical expenses from the past and future for any surgery, hospitalization, physical rehabilitation, medication, and more
- Lost income from the time you could not go to work, as well as future missed income if medical treatments and recovery time prevent you from returning
- Property damage if your personal belongings were damaged or broken, such as your phone, boat, and other onboard items
- Pain and suffering for emotional trauma, PTSD, anxiety, fear, psychological torment, and more that stemmed from the magnitude of the incident
- Wrongful death damages if a loved one or family member died in the boating accident, which can include funeral and burial expenses, pre-death medical bills and pain and suffering, loss of inheritance and savings loss of consortium and relations, and more.