BOAT ACCIDENTS

BOAT/SHIP/WATERCRAFT ACCIDENTS

Water transportation, leisure sojourns and commerce’s recorded history runs deep. Thousands of years ago many bodies of national and international rules and regulations were devised to help resolve disputes involving maritime trade and transportation.

Modernly, riding on a motorboat along a meandering river or enjoying the vast expanse of the blue Oceans, while onboard of a cruise ship; or having fun aboard a sailboat in multitude of beautiful lakes, is one of the most common and joyous experiences of life. However, accidents do happen, which often lead to grave injuries and even death. The important issue is how to deal with such accidents?

If you or someone you know has been injured in any type of water vehicle accident, due to the negligence of wrongdoing of others, please click HERE for a FREE and CONFIDENTIAL case Evaluation, right away. Your Highly Capable, Credible and Compassionate Chosen Boat Accident Lawyers know how to navigate through the tumultuous facts and circumstances of your accident and obtain a JUST COMENSATION for you.

There is no upfront cost to you and your Chosen Lawyer will not get paid, until You Win Your Case. Why Settle for Anything Less?

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Meet Your Capable, Credible and Compassionate Chosen Boat Accident Lawyer

If someone sustains injuries onboard most types of watercrafts, be it a motor boat, sailboat, cruise ship, etc., similar to any other vehicular injuries, the Plaintiff must prove that his or her injuries resulted from someone's negligence or wrongdoing.

In other words, the Plaintiff’s Chosen Lawyer must show that:

1) The alleged Negligent Defendant owed a Duty of Reasonable Care to the Defendant;

2) The Defendant breached the duty of reasonable care by acting unreasonably or failed to act as a prudent reasonable person would have, under the circumstances;

3) The injuries to the Plaintiff were directly and proximately caused by the negligence or wrongdoing. In other words, the injuries were reasonably foreseeable at the time the alleged carelessness took place.

4) The Plaintiff sustained damages, i.e. injuries.

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In collisions between two water vehicles, generally one or both operators could be at fault. Much like car crashes, the injured parties aboard either watercraft would have a legal case against one or both operators of the vehicles.

In collisions between a sailboat and a motorboat, the motorboat is, most often, found at fault. That is because safe boating practices, referred to as “The Rules of the Road,” require motorboats to keep out of the way of sailboats. That is because Motorboats are more maneuverable than sailboats.

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When a boat hits a big wake or wave, created by another boat, the jolt to the boat can knock the passengers down or throw them around or out of their seats or overboard. In this category of accidents, the rule is not as brightly defined as one would expect. Federal and state boating laws and regulations, as well as safe boating practices, require boats’ operators to keep proper lookout for anything that might be a hazard to their boats and passengers

Liabilities for injuries caused by wake or wave created by another boat would depend on the attendant circumstance in each case. Here are some factors that may be examined to delineate liabilities:

  • The size of the wake created by defendant’s boat;
  • The speed and size of the boat which created it;
  • The weather and visibility conditions;
  • Boat Traffic in the immediate area of the accident;
  • Whether the operator warned the passengers of the approaching dangerous wake;
  • Whether the injured person was aboard a motorboat or a sailboat, and so.

Whether the operator of the boat that created the wake was negligent or not depends on the accident location; the boating traffic in the area and many other factors that must be determined. For instance, If the boat creating the wake was in marinas or in the inner harbor areas, it is clearly a violation of the boating safety rules, and the operators would be found negligent. That is because such areas are generally No Wake Zones. On the other hand, if the wake that caused the injury occurred in open sea, the other operator of the boat that created the wake may not be negligent.

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In case of an accident caused by collision between a boat and a submerged object or rock or shore, the operator’s liability for the injury depends on the attendant circumstances. For example, if the operator has a thorough amusementknowledge of the nautical charts for the area, and is traveling cautiously, but still hits a rock, he or she is probably not going to be found negligent. On the other hand, if he or she is zooming along in dense fog, without reasonable knowledge of navigation charts, radars or GPS equipment, and runs aground or collides with an object, most likely the operator would be held liable. That is because a prudent reasonable operator under such circumstances would be more careful.

Federal and state boating laws coupled with admiralty and maritime laws regulate

Safety rules and mandate watercrafts, even small pleasure boats to have various kinds of safety equipment such as life jackets, fire extinguishers, flares, etc., on board. 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 crews and/or the passengers to signal passing boats. If someone falls overboard, life jackets and life rings could make it much easier to get that person back on board. Thus, lack of proper safety equipment on board could lead to a claim of negligence against the watercraft’s owner and/or operator.

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Similar to any other accident, a plaintiff in aboard a watercraft accident is entitled to recover for his or her medical expenses, pain and suffering, lost earnings, and so on.

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Navigating through the tumultuous waters of water vehicles’ accidents is a harrowing experience. Many types of complex legal theories and laws regulate waterways. State and Federal laws require boat owners and operators to maintain their property. In addition, the law prohibits negligent operation in any way, shape or form. Negligence may take place in many ways including high speeds, alcohol or other drug use, driving near swimmers, operating the vessel in unsafe weather or high speed, and many others. Reckless and negligent acts of boat operators result in many grave injuries, loss of lives and/or damaged properties, every day. While one cannot control the unreasonable ways that others operate their water vehicles, seeking proper legal help is our choice!

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If you or someone you know has been injured in any type of water vehicle accident, due to the negligence of wrongdoing of others, please click HERE for a FREE and CONFIDENTIAL case Evaluation, right away. Your Highly Capable, Credible and Compassionate Chosen Boat Accident Lawyers know how to navigate through the tumultuous facts and circumstances of your accident and obtain a JUST COMENSATION for you.

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