Time spent boating is a lot of fun but accidents do happen. If you are injured on a pleasure craft and attempting to determine your rights, here are few things you need to know about a boating accident.
If you are hurt while a passenger on a motorboat that collides with another vessel, you will need to verify the injury was due to a willful disregard for the safety of persons or property to recover damages. Injury alone does not mean that anyone was at fault. Negligence is when a person fails to act in a way that expresses prudence and caution for his/her safety and the well-being of others, as an ordinarily rational person would under the same circumstances. This means that you will need to be able to prove that another boater failed to act with safety in mind and that, as a result, you got hurt.
To better understand how a negligence claim will work, it is important to identify the main types of accidents experienced on the water. Nearly all pleasure boating accidents will fall into the following categories:
It is possible for a boat to strike an underwater object in the best weather conditions. In lousy weather and limited visibility, a boat can collide with the coastline. Liability will depend on:
In a collision between two boats, one or both operators will usually be found to be at least partially at fault. This means that injured passengers from both boats would have a case against the operator of either vessel.
Safe boating practices require the operator to maintain a lookout for anything that may be a hazard to passengers or the boat. If a wake is crossed at high speed, depending on whether passengers are securely sitting or standing, it is possible they can fall overboard. Liability in this type of boating accident will depend on circumstances, such as:
Just like in an automobile accident, if a boat operator failed to operate with reasonable care and you suffered an injury due to their negligence, yo