Summary
- Boating accidents are usually the result of operator error
- You can file a personal injury lawsuit against liable parties
- You can receive economic and non-economic damages
In 2023, the Coast Guard reported 3,844 recreational boating accidents, which resulted in 2,126 injuries and 564 deaths. Although not as common as auto accidents, boating collisions can result in serious injuries that could impact your life and lead to significant losses.
If you have been in a boating accident that occurred because of another party’s negligent or wrongful conduct, you may be eligible to file a claim and get compensation. Take a closer look at what causes boating injuries and what your legal options are if you suffer an accident.
What Causes the Most Boat Collisions?
Boat accidents can occur for many reasons. Some of the most common causes include:
Intoxicated Operator
Perhaps the primary cause of boating accidents is alcohol use. Just as with cars, operating a boat while under the influence of drugs or alcohol is against the law. Anyone who has a blood alcohol concentration level of 0.08% or higher can generally be charged with a BUI.
Being intoxicated can impact an operator's coordination, reflexes and decision-making skills. Even vision can be affected, making peripheral vision less reliable while at the same time reducing depth perception. Operators under the influence can also be more reckless, increasing the chances of getting into an accident.
Speeding
Speeding can be just as dangerous on the water as it is on land. A boat operator who doesn’t obey the rules of navigation can end up crashing into other boats, hurting swimmers or causing injuries to others sharing the water.
Speeding can make it harder for the operator to react in time to hazards that they may encounter. It can also increase the chances of a catastrophic accident because of the force the boat will exert on whatever it hits.
Operator Error
Boat operators are responsible for the safety of everyone else on the boat, as well as others in nearby boats or in the water. If operators don’t have enough experience or they’re not paying attention, they can cause serious boating accidents.
Often, people assume that operating a boat is easier than driving a car, so they don’t get the correct training. That can lead to fatalities if they lose control of the boat or if they’re not able to make the right decisions to prevent an accident.
Mechanical Failure
Sometimes, it’s the boat itself that malfunctions. If a part isn’t working as it needs to, the boat can suddenly stop or fail to make a turn necessary to avoid a collision. Additionally, a boat that malfunctions can leave passengers stranded in the middle of the ocean or could even begin to sink.
Who Is Liable for a Boating Accident?
Liability will depend on what the accident’s cause is. If the collision occurred because the operator was intoxicated or distracted, then you may be able to hold them liable. In instances when the operator was hired to man the boat and they were inexperienced, you may be able to hold the company that employed them liable.
If the issue was mechanical failure, you may be able to file a lawsuit with the help of a product liability attorney. The manufacturer could be responsible for the losses you suffered. Sometimes, if someone was supposed to perform maintenance and failed to notice a damaged part, you can also hold them responsible.
Because of the potential complexities of these accidents and the possibility that more than one party could be responsible for your losses, it’s important to hire experienced lawyers to help you file a claim. This can ensure that you receive appropriate compensation.
Understanding Your Legal Options
After being in a boating accident, you may not know how to get assistance to pay for medical bills and other losses. Most of the time, the best option if you were at fault for the accident is to turn to your own boat insurance coverage for compensation.
If, however, you suffered injuries because of another person’s conduct, you may have the right to file a boating accident lawsuit. In this case, you might be able to file against the defendant’s liability insurance. You generally have a right to do this if you were a passenger on their boat, if you were on another boat that collided with the defendant, or if you were in the water and suffered injuries.
It’s essential to remember that under personal injury and boating accident laws, you will typically need to prove that negligence occurred. This means that someone didn’t act with a reasonable level of care. A boating accident lawyer can ensure that you have the evidence necessary to prove this.
What Compensation Can You Recover After a Boating Accident?
After a boating accident, you may be entitled to both economic and non-economic damages. Economic damages compensate you for financial losses, which include medical expenses. If you need future medical care, these damages can also accommodate those expenses.
It’s possible that the injuries you suffer may keep you from working. That means lost wages. Economic damages can help you recover this lost income, including salaries, commissions and bonuses. Also, if you won’t be able to return to work, you can receive loss of earning potential damages.
On the other hand, non-economic damages help you recover losses that aren’t financial, including pain and suffering. If the accident led to the death of a loved one and you’re filing a wrongful death lawsuit, you can claim loss of consortium, which compensates you for loss of support and companionship.
How ConsumerShield Can Help After a Boating Accident
After being in a boating accident that left you with injuries, psychological trauma, urgent care costs and other medical bills, you have the chance to recuperate losses by filing a claim. To have the best chance of succeeding, you’ll want to hire an experienced attorney to handle the job.
At ConsumerShield, we can refer you to trusted lawyers in your area. We can also provide legal advice to help you navigate the complexities of personal injury claims. Contact us today to learn more about how we can help.
