A number of factors can lead to a boating accident, whether on a ferry, a cruise ship, a private boat, a jet ski, or any other type of water vessel.
Owners and operators of boats are required to follow both state and federal law in the maintenance and operation of their vessels. Most states laws prohibit the operation of any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person. This includes, among other things, operating near or through areas used by swimmers or divers, operating in such a manner that a vessel must abruptly swerve or cut speed in order to avoid a collision, or operating erratically. They also prohibit operating a vessel at an improper speed. An improper speed is one which is not reasonable and prudent based upon boating traffic, weather conditions, visibility, or other potential hazards.
Some causes for boating accidents:
- Driver inexperience
- Driver error
- Operator inattention
- DWI (Driving while intoxicated)
- Excessive speed
- Unfavorable water and/or weather conditions
- Improper lookout
- Equipment failure
Sometimes a simple mishap at the lake can turn into a major disaster. When you are injured, your property is damaged, or a life is lost, a simple boating accident is much more than that. You need the assistance of a boating accident attorney as soon as possible to make sure that your rights are protected and to ensure that you receive the proper compensation to protect you both immediately and in the future.
Drunk boating (BUI), recklessness and speeding on the water cause serious injuries and loss of life. Fighting the insurance companies to prove exactly what happened can be a frustrating problem. In addition, many boaters don’t carry the proper amount of insurance for their boats.
Boating accidents happen in large part because people don’t appreciate the dangers of boating. They think of boats as cars on water. They are not. The dangers are less obvious, but ever present. For example, you can’t stop quickly in a boat, and boats don’t have seat belts, so collisions in boats almost always cause severe injuries. Boaters are easily ejected from boats, and the ejected boaters can drown, especially if they don’t know how to swim and aren’t wearing a life jacket. Even if they know how to swim, boaters can be rendered unconscious by striking their head before falling overboard. Boaters are especially prone to accidents at night.
Operator negligence can and has lead to serious, often catastrophic, boating accidents. A negligent, careless, or distracted operator has the potential to injure or kill other enthusiasts who are simply trying to enjoy the waterways. After a serious boat accident, you’re confused, disoriented, and hurting. There is paperwork to fill out, reports to file, and insurance claims to handle. You end up spending hours on the phone and feel like you’re getting nowhere. The insurance company isn’t playing fair, and you’re not sure if you’ve covered all the bases.
Even if injuries from the boating accident appear minor it is advised to seek medical evaluation. Often times, an injury from a boating accident may be underestimated and the boating accident injury can later cause continued pain, further injuries, and essentially more financial burdens. A boating accident attorney can seek damages appropriate to the injuries sustained, and in the event that further medical treatment will be needed for the boating accident injuries, compensation can reflect that.
