boat accident lawyer what do they do

A knowledgeable boating accident attorney can help you navigate every stage of the claims process. If you’re wondering what to expect along the way, here are the answers to some of the most frequently asked questions on the subject: 1. Who Might Be Liable for a Boating Accident?

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Do I need a lawyer for a boating accident?

The experienced St. Louis boating accident lawyers at Bradley Law Personal Injury Lawyers can help you fight to maximize your financial recovery. Since 2002, we’ve been helping injury victims stand up to tough insurance companies.

What happens if you’re injured in a boating accident?

Apr 11, 2022 · Singer Kwinter has been recognized as one of the top personal injury firms in Canada, and its lawyers have worked tirelessly to change the landscape of litigation throughout the country. “Boating...

Who can be named in a boating accident personal injury lawsuit?

When someone is injured in a boating accident, the victim may be able to file a personal injury lawsuit to pay for the expenses and to cover losses, including: Medical bills, Loss of income, and; Pain and suffering. When a boating accident causes long-term damage, the injury victim may also be able to claim damages for: Loss of earning capacity,

Do I need expert representation after a boating accident?

Apr 23, 2021 · Being in a boating accident can have devastating results. All of a sudden you are faced medical bills you didn’t plan for, your boat has been destroyed and you’ve lost your ability to earn a living. You need to find a boat accident lawyer who will fight for your rights. Our boat accident lawyers are waiting to speak with you at (800)-200-7752 today.

What is the first thing to do in a boat accident?

The boat should be moved out of the path of oncoming vessels, and then first aid should be provided to injured people. The Coast Guard should be contacted immediately to let them know that an accident occurred, the location of the accident and what medical assistance may be necessary.

How do you prepare for a boat accident?

Boaters best prepared to survive accidents follow these safety...File a float plan. Let someone know where you're going and expect to return.Stock a noise maker. ... Have a VHF radio. ... Watch the weather.Take a boating safety class.Make sure everyone has a life jacket and that they wear it all the time.Jun 30, 2018

How do you protect a boat from an accident?

8 Safety Tips to Prevent Boating AccidentsMake sure all passengers wear life jackets that fit properly—especially children. ... Take a boating safety course. ... Don't drink alcohol while operating the boat. ... Have the proper safety equipment on board. ... Watch weather and water conditions carefully. ... Maintain a safe speed.More items...•Jun 16, 2020

What are boat operators required to do when involved in an accident in Florida?

The law in Florida requires that when a boat operator has been involved in an accident resulting in serious injury to or the death of a person, the operator must stop the vessel at the scene of the accident and remain there until medical care and/or law enforcement officials arrive.Nov 4, 2016

When someone falls overboard What should the skipper take?

If someone on your boat falls overboard, you need to immediately: Reduce speed and toss the victim a PFD—preferably a throwable type—unless you know he or she is already wearing a PFD.

What is the cause of most fatal boating accidents?

The majority of boating-related incidents and fatalities are caused by: Not wearing a lifejacket or PFD. Falling overboard. Capsizing, swamping, sinking, or running aground.

What should you always do before starting an inboard engine?

If you have an inboard gasoline engine, you need to turn on the blower for four full minutes before starting your boat. This very important step is to remove any fumes that could be lingering in the bilge. All portable fuel tanks must be filled off of the boat.

What amount of property damage is required to report a boating accident under Florida?

Property damage of $2,000 requires the reporting of a boating accident under Florida law. The operator must make the report any time there is damage of $2,000 or higher. The threshold amount includes damage to the boats themselves, nearby structures, or even personal property in or on the boat itself.Oct 20, 2021

What do the red and green markers indicate?

Basically, red marker buoys should be on your right (starboard) as you return from open water. Conversely, green channel markers should be on your starboard side as you head out into open water.Aug 4, 2020

Who is responsible for keeping a sharp watch to avoid a collision?

Here's the quick and concise answer: The operators of boat boats are responsible for keeping a sharp watch in order to avoid a collision between two vessels. Every captain or operator of a boat has a duty to control and maintain the vessel before it reaches its final destination.Jan 3, 2019

Who is a defendant in a boating accident?

In a boating accident, possible defendants may include: Boating operator; Boat passenger; Boat owner;

What happens if someone dies in a boating accident?

If someone dies in a boating accident, the surviving family members can file a wrongful death lawsuit for compensation to cover the loss of financial support and funeral costs. Determining negligence and who is at fault in a boating accident is similar to fault in a motor vehicle accident.

What happens if a boating company does not properly train or supervise the employee?

If the boating company did not properly train or supervise the employee, the employer may also be directly liable for the accident through negligent hiring. 10. Depending on the type of commercial boat or where the accident occurred, federal law and maritime law may apply in addition to or instead of state law.

What is considered a common carrier in boating accidents?

When a passenger is injured in a boating accident, the passenger may have a claim against the boat company and owner. Watercraft like ferries, harbor cruises, or “booze cruises,” may be considered “common carriers.”.

What happens if a captain of a passenger boat fails to use the utmost care or diligence?

If a captain of a passenger boat failed to use the utmost care or diligence and anyone was injured as a result, the boat company may be liable for any damages. Accidents Caused by Boating Company Employees. A boat business or company may also be liable for any damage caused by an employee.

What are the damages of boating?

When a boating accident causes long-term damage, the injury victim may also be able to claim damages for: Loss of earning capacity, Long-term medical care , and. Compensation for disfigurement. Boating in the open water always carries the risk of a fatal drowning accident.

What is negligence law?

Under negligence law, a person is liable for injuries caused by his or her failure to exercise reasonable care under the circumstances. 1. A personal injury lawsuit can compensate the injury victim for their losses caused by the accident.

What happens if you get in a boating accident?

Being in a boating accident can have devastating results. All of a sudden you are faced medical bills you didn’t plan for, your boat has been destroyed and you’ve lost your ability to earn a living. You need to find a boat accident lawyer who will fight for your rights.

Why do people get injured in boating accidents?

We’ve found that in most cases, people get injured in boating accidents as a result of someone else’s negligence. If you have been involved in such an accident, then you need expert representation so that you can get the justice that you deserve. Being in a boating accident can have devastating results.

What happens if you get into an accident on a sailboat?

If you get into an accident while on your sail boat, it’s up to you to prove that the accident was caused by somebody else’s negligence if you want to be compensated for the damages. Remember that just because you got into an accident with your boat, doesn’t mean that someone has to be held liable. So you have to work with a boating accident lawyer in order to prove that indeed your accident was caused as a result of someone else’s negligence.

What happens if you hit another boat?

When you hit another boat, both you and the other boat owner are partly responsible for the accident. So the passengers on your boat and the other person’s boat can hold you both accountable for their injuries. In fact, the case would be very similar to a car accident case. If you were injured as a result of the boating accident, ...

What happens when you hit a wave?

When You Hit A Wave. When a boat hits a wave, the jolt on the boat can throw your passengers overboard, throw them out of their seats or knock them down. Hitting a wave is similar to hitting a wake. The only difference is there are no other boats involved.

Can you be held responsible for a boating accident?

If you were injured as a result of the boating accident, then you can hold the other person legally responsible for your injuries only if you were less than 50% responsible for the accident. If the owner of a motorboat hit you while you were on a sail boat, then they are likely to be more at fault than you are.

Can you be found negligent if you have nautical charts?

Let’s say you were traveling slowly and cautiously on the water and you hit a rock, you are not going to be found negligent if you also had nautical charts for the area or a GPS . But if you were just cruising around in dense fog without any GPS and you run aground or hit the coastline, you’d be accused of negligence.

What is a boating accident?

The United States Coast Guard defines a "boating accident" as a situation where a boat passenger dies or becomes seriously injured, a boat passenger disappears and death or injury is suspected, or a vessel causes or sustains damage. Boating accidents are therefore not limited to collisions, but may occur whenever someone is killed, injured, ...

What is the fault of a boater?

Generally, just as in a car accident, persons are at fault for a boating accident if they act negligently. Persons acts negligently if they fail to conduct themselves as a reasonable person under similar circumstances. A reasonable boater would typically adhere to all safety rules and precautions and be mindful of passengers and other boaters.

What is a BUI in boating?

For example, over one third of all boating accidents involve a driver who is under the influence of alcohol. All states have criminalized boating under the influence (BUI) and often impose heavy fines on or incarcerate those convicted of such an offense, but many people remain unaware of these laws. If you or whoever is piloting the boat may be ...

What happens if a boat engine is not working?

A malfunctioning boat engine could expose passengers to increased levels of toxic fumes and result in serious injuries or even death.

How long does it take to file a report for an accident?

If the accident caused only property damage, the report must usually be filed within 10 days of the accident. Failure to report the accident is a crime, and if you are the person who was injured it may create additional methods of recovering for your injuries.

Can you go boating if you are under the influence?

If you or whoever is piloting the boat may be under the influence, the best bet is not to go boating. If it is too late and someone has already been injured, intoxication can lead to strict liability in some jurisdictions, meaning even if the accident was not the fault of the intoxicated person from a factual sense, ...

Do boat operators have to report an accident?

Coast Guard, the boat operator must file an accident report when a boating accident occurs that causes significant personal injury or property damage. In practice, especially on smaller bodies of water, this often does not occur, so you may need to take it upon yourself to contact local authorities and ensure that the accident is properly reported in order to best establish your case against the responsible party.

What are the damages in a boating accident?

Your damages may include the reasonable value of your medical bills, your lost earnings and lost earning capacity, and pain and suffering.

How does negligence work in boating?

The majority of pleasure boating accidents are the following: your boat hits another boat. your boat hits another boat's wake. your boat hits a wave. your boat hits a submerged object, rock, or land.

Why is a motorboat more likely to be at fault than a sailboat?

In a collision between a sailboat and a motorboat, the motorboat is more likely to be at fault than the sailboat because safe boating practices, often called "The Rules of the Road," require motorboats to keep out of the way of sailboats.

What happens if you hit a boat and a sailboat?

If one of the operators was injured, he or she would only have a claim against the other operator if the injured operator was less than fifty percent responsible for the collision. In a collision between a sailboat and a motorboat, the motorboat is more likely to be at fault than the sailboat because safe boating practices, often called "The Rules of the Road," require motorboats to keep out of the way of sailboats.

What safety equipment is needed for a boat?

Federal and state boating safety laws and regulations require even small pleasure boats to have various kinds of safety equipment on board, such as life jackets for each passenger, throwable life rings, navigational lights, flares, loud whistles, and fire extinguishers. While failure to have the proper safety equipment on board will probably not cause an accident, it can hamper the rescue efforts afterward. If the boat becomes disabled, flares and whistles allow the passengers to signal passing boats. If someone falls overboard, life jackets and life rings make it much easier to get that person back on board. The lack of proper safety equipment on board could lead to a claim of negligence against the boat's owner.

What happens if a boat becomes disabled?

If the boat becomes disabled, flares and whistles allow the passengers to signal passing boats. If someone falls overboard, life jackets and life rings make it much easier to get that person back on board. The lack of proper safety equipment on board could lead to a claim of negligence against the boat's owner.

What happens when a boat hits a big wave?

When a boat hits a big wake or wave, the jolt to the boat can knock the passengers down or throw them out of their seat or overboard. Legal liability for a wake accident is not always clear cut. Federal and state boating laws and regulations, as well as safe boating practices, require the boat's operator to keep a proper lookout for anything that might be a hazard to his or her boat and passengers. But the operator's liability in a wake accident will generally depend on the circumstances, such as the following:

First Thing To Do After A Boating Accident: Keep Everyone Safe

The first priority after any disaster is appropriate medical care. In a boating accident, you should check whether you or anyone else requires medical attention. If anyone has injuries, call for professional help right away. The Coast Guard is able to assist with this.

Reporting A Boating Accident

Calling the Coast Guard after a watercraft accident is helpful especially when medical assistance is needed. But apart from this, reporting the accident is actually required by federal law. According to the US Coast Guard, you must report to the state reporting authority if the boating accident resulted in any of these:

Collecting Information About Your Boating Accident

Aside from the accident report, you’ll also want to gather information about other people involved in your accident and other potential evidence for your case.

What To Do In The Aftermath Of A Boating Accident

In the hours or days following your accident, there are also some vital to-dos to help you medically and legally.

What is the duty of a boat operator?

The boat operator has a duty to ensure that the passengers are not in danger before assisting anyone injured. We hope you enjoyed this article on “ You are the boat operator. When are you required to assist anyone injured in an accident”.

What is the primary objective of boat operators?

For so long as there is danger, your primary objective is to eliminate the danger or avoid it.