5 Things to Know About Boating Accident Lawsuits
Boating accidents can result in serious injuries or even death, and you may find yourself in this unfortunate position. If you are injured in a boating accident, you may be able to file a personal injury claim against the liable party to receive compensation. Here are 5 things you need to know about boating accident lawsuits:
1. What Counts as a Boating Accident
There are several scenarios that could be included in a boating accident. If passengers and the operator of the boat have been drinking, and a passenger falls off the boat and drowns, this is considered a boating accident. Wrecking the boat onto shore, crashing into another boat, or hitting another boat’s wake are also considered boating accidents. Any instance on a boat where someone is injured or results in death counts as an accident where a lawsuit can be filed.
2. Major Causes of Boating Accidents
There are a few major causes of boating accidents you should know about. Of course, the most known would be hitting another person’s boat. Running the boat into a dock, marina, or onto land is also a major cause of accidents. Other causes include operating a vessel in a swimming area, jumping in the wake of another boat, operating at an excessive speed, or malfunctioning parts on the vessel. The most common cause of boating accidents is operators being under the influence of alcohol or drugs.
3. Proving Fault is Similar to Car Accidents
Something you should know about boating accident lawsuits is that proving fault in these types of accidents is similar to proving fault in car accidents. In both scenarios, you must prove whose fault the accident was by proving negligence. To determine negligence, you will need to prove that there was a duty of care of the person who supposedly caused the accident, that this person breached their duty of care, and that negligence was a substantial factor in causing the accident and your injuries.
4. Types of Compensation You Can Get
If you are filing a boating accident lawsuit, you probably want to know what type of compensation you can ask for. Just like with any personal injury claim, you can try to recover economic and noneconomic damages. Economic damages include things like medical bills, physical therapies, lost wages, lost earning capacity, etc. Noneconomic damages include pain and suffering, emotional distress, loss of enjoyment of life, etc.
5. Who Can Be Sued
Another factor you may consider when filing a boating accident lawsuit is who can be sued. Some of the most common people to be involved in a personal injury claim are the operator of the boat, passengers on the boat, a jet ski driver, or anyone else involved in the accident. If your accident was caused by a malfunction of equipment on the boat, you may be able to include the manufacturer of the product in your personal injury claim. Your attorney can help determine parties who are at fault for your case.
Now you know more about boating accident lawsuits, so if you are involved in an accident, you know what to expect. Have you recently been in a boating accident and want to discuss your case with an experienced attorney? Contact one of our personal injury lawyers today to learn more.