What are some types of drunk boating accidents?Inebriation on boats can occur in a few ways. For one, the guests on a boat can bring their own alcohol on board and get drunk. Others can be at parties where alcohol is provided by a barman, such as on yachts, and can get drunk in that manner. Still others are inebriated before getting on the boat and decide to take the vessel out to sea despite the issues. Some of the types of drunk boating accidents include:
- Crashes caused by drunk boat operators who are steering the vessels but are too drunk to effectively do so; they may crash into docks, other boats and vessels, landmasses, and more
- Slip and falls by drunken boat passengers who may fall on wet floors, slip on stairs, trip on defective parts of the ship, not pay attention to gaps and raised areas, or who may fall out of a boat because of a low guardrail
- Cruise ships, yachts, and similar vessels have on-board alcohol services with no care taken to cutting anyone off or continuing to provide individuals with alcohol past the point of inebriation, especially crew members
- Underage drinking and boating, which is a real issue given that many teenagers will take boats out and have small parties with their friends while drunk and can easily crash into others
- Assault and battery committed by other passengers who are drunk on a boat, as alcohol can lower inhibitions, increase aggression, and cause discord among people
Who is liable in a drunk boating accident?Depending on the circumstances of the accident, different individuals can be held liable for the consequences of a drunk boating accident. For example, if you were in your own boat when another vessel crashed into you, the other driver could be held accountable if he were under the influence of alcohol. Further, if an owner of a boat did not properly secure his boat or make it safe, and another guest hurt himself while drunk, the owner of the boat could be held liable. Companies that host parties, cruises, and get-togethers and serve alcohol on boats can also be held accountable. The workers could injure the guests and the bartenders could continue to serve guests who are already drunk. Liability is essentially assigning the proper amount of blame to a party.
When someone is planning to operate a boat, however, it is best to abstain from drinking altogether, and allow plenty of time in between drinking and operating the vessel (at least one hour per drink).All personal injury claims and requests of liability are based on negligence. The four main points of these cases are that the party was owed a duty of care that was breached, and the breach of duty led to an accident that caused physical injuries. There are other more specific points in some forms of personal injury cases, though. For instance, a premises liability case, which can be filed if you are drunk and wind up getting hurt on a boat that is defective , requires one of three points to be true. The points consist of the owner knowing that there is a hazard or danger on the boat yet refusing to do anything about it, causing the hazard himself, or being aware of the problem but taking no action to fix it (whether by providing warning signs or hazard signs or by actively trying to repair it).
Alcohol use is the leading known contributing factor in fatal boating accidents; where the primary cause was known, it was listedIf you are unsure of what kind of claim you should file, you can reach out to our law firm for more assistance. We will help you understand the law and negligence, and we will sue the proper party for you so you do not have to worry about any legal legwork.
What should I do to file a drunk boating accident lawsuit?Individuals who wish to file a drunk boating accident lawsuit must acquire ample evidence to sue the proper party. Without proof, you will not be able to secure any compensation. If you have the ability to get evidence at the scene of the boating accident, you should do so immediately without hesitating. Some of the evidence can be lost if you wait too long. We recommend following these steps to file your claim:
- Go to the doctor for medical treatment to ensure that you are not seriously hurt or damaged with any permanent injuries
- Keep copies of your medical receipts, doctor’s notes, payments, medication and prescriptions, and more
- Do not hesitate to go to the doctor after the incident, as you will risk compromising your claim if you do – the insurance agency will doubt that you were as hurt as you said if you took too long between the boating accident and the trip to the doctor
- Take photos of the injuries you suffered
- Take pictures of the boat, the scene of the incident (if applicable) and of any defects present (you can also record videos)
- Write down eyewitness and bystander testimonies from those who saw the incident happen and who can provide their insights and perspectives, as your claim will be stronger if there are multiple people backing it up
- Write down the contact details, insurance information, boating and driver’s license number, and more from whoever was responsible for the incident
- File a report with the company if the incident happened during a cruise, party, or event
- Keep a copy of the police report if the cops showed up to the scene of the incident
- Contact a lawyer who can handle your case for you if you lack the legal experience, knowledge, money, and time to do so
What can I win in a drunk boating accident lawsuit?You could win a large settlement amount if you choose to sue after sustaining injuries because of a drunk boating accident. Your case value may be over $100,000 if your life was heavily affected and you were unable to return to work a period of time. Our lawyers will strive to prove that you should not be held accountable, especially if you did not contribute to the incident at all. We will aim to bring you the following:
- Medical expenses from the past and future for any surgery, hospitalization, medication, physical therapy, and more
- Property damage if any of your personal items, vessels, and more were damaged in the incident
- Lost income if you were too injured to return to work and if you require additional time off to deal with your injuries or get treatment
- Pain and suffering damages to cover emotional distress, PTSD, anxiety, fear, and psychological trauma
In 2016, the Coast Guard counted 4,463 accidents that involved 701 deaths, 2,903 injuries and approximately $49 million dollars of damage to property as a result of recreational boating accidents.Our team of attorneys will work around the clock to bring you every penny you deserve if you were hurt in a drunk boating crash.
How long do I have to file a drunk boating accident lawsuit?Personal injury lawsuits have a statute of limitations of 2 years in the state of California. This means that you do not have an unlimited time, and if you fail to sue within that 2-year deadline, you will be unable to collect any compensation in the future. It is wise to sue quickly so that your evidence will not be lost and so that witnesses will still be around with clear and accurate memories.
Find out more about how we can help you. CHAT LIVE with a representative now.The statute of limitations can be extended, though, in some situations. If you were a minor at the time of the incident, you can wait until you turn 18 years old to file a claim, as minors cannot legally sue. You also may have been seriously hurt and left incapacitated after the incident, which would result in your statute being postponed until you return to health or cognizance. Additionally, you cannot sue if the defendant is not in the state. If he leaves, the statute will be suspended until he returns. Many individuals are unaware of the time limit left on their claims and do not file lawsuits because of it. If you need guidance on the time left and wish for us to file your lawsuit on time and on schedule, feel free to contact our firm.
Alcohol use is the leading known contributing factor in fatal boating accidents; where the primary cause was known, it was listed as the leading factor in 15% of deaths.