Boating Accidents and Liability: Who Is at Fault?
Boating accidents can seriously injure those involved and even result in death of one or more parties. To determine who is liable for the accident, you’ll need an experienced boat accident attorney because one of any of the following could be responsible: boat driver, boat manufacturer, boat rental company, or even a passenger. In some rare cases, it’s difficult and even impossible to identify the liable party.
According to the Centers for Disease Control, over 4,700 boating accidents occur annually in the US and these accidents result in over 700 deaths. Even when a boating accident is not fatal, those involved still often suffer severe injuries, including bone fractures, spinal cord injuries, traumatic brain injuries, lost limbs, severe bleeding, and many more.
Determining boating accident liability
A boating accident can occur due to negligence of the driver, malfunctioning equipment, harsh weather conditions, irresponsible passenger or driver behavior, and other factors. If you or a loved one has suffered injury or death in a boating accident you have the right to secure an attorney and pursue financial compensation from those responsible.
But, determining liability for boating accidents is often difficult, requiring detailed investigation by experts because, unlike with car accidents, water can quickly wash away evidence. This makes accident reconstruction exceptionally challenging. Boating accident lawyer, Kathryn Burmeister, has extensive experience and knowledge in this area. She will help you successfully navigate these complexities and hold liable parties responsible.
Examples of those who may be found liable for boating accidents follow:
- Driver of the boat. The driver failed to provide reasonable and basic safety of the passengers. Recreational boat operators must ensure approved life jackets, in good condition, are available for each passenger. The operator must insist passengers wear life jackets when required.
- Reckless passenger behavior. A passenger behaving in a reckless manner, endangers other passengers, or who distracts the boat driver from operating the vessel safely, may be liable for accidents and any resulting injuries.
- Boat operator allows passengers to continue with dangerous behaviors. When a boat operator becomes aware of one or more passengers behaving recklessly, he must intervene immediately.
- Boat owner knowingly loans the boat to someone not qualified to safely operate the vessel. The state of Georgia requires that anyone born after January 1, 1998, operating a motorized vessel is required by law to pass a boater safety course and carry a boater education card.
- Boat manufacturer. If an accident occurred due to a manufacturing defect, the company may be held liable.
- Boat rental company. The rental company failed to properly maintain the boat engine, lights, horn, radio, and required safety equipment.
How can Burmeister Law Firm help?
The amount of financial compensation that you can recover by filing a boating accident lawsuit varies according to the severity of injuries and the specific circumstances surrounding the accident. If you’ve been injured in a boating accident, you have the right to financial compensation provided you can prove:
- Who is liable for the accident
- The accident directly caused the injuries
- The injuries led to financial losses
You can receive the following types of financial compensation:
- Costs of medical expenses and treatment
- Loss of income while recovering
- Loss of earning capacity
- Loss of companionship
- Pain and suffering
If you or a loved one were injured in a boating accident due to someone else’s negligence, call attorney Kathryn Burmeister of Burmeister Law Firm now. Your consultation is free and no-obligation. Ms. Burmeister will compassionately listen to the details of your case and determine the best way to proceed with your claim.
