With summer in full swing, recreational boaters are out on the waters enjoying everything that a summer day on the boat can offer. With all the lakes in the area, boating is a popular activity in Ohio, and many spend their weekends and vacations enjoying both relaxation and recreation on the water. However, there is a risk when you are out on a boat, and boating accidents can lead to serious, long-term injuries. If you were a passenger and were injured in a boating accident, do you have the right to compensation? What are the next steps you should take?
In most cases, boating accidents are caused by a careless boating operator. Many of the same causes of accidents on the road are also the same things that cause accidents on the water. This includes:
All of these are very common risks out on the water. Although boat operators do need to have a license, new and inexperienced operators likely do not have the experience to be able to properly respond to certain situations. Many boating operators want to enjoy a recreational experience as well, and this can cause them to lose focus. Finally, alcohol is a huge risk for boating accidents. While it seems common for those enjoying a relaxing time on a boat to drink, the operator needs to make sure they are capable of safely operating the boat.
The boating operator (whoever is controlling the boat), boating manufacturer, and anyone responsible for maintaining the boat have an obligation to ensure your safety on the water. While accidents do happen and there is an inherent risk to being on the water, as a boating passenger, you do have the right to a safe boating experience. Therefore, if you are injured in a boating accident, you need to determine who holds liability for the accident. Boating rental facilities and boating operators should hold insurance to protect their passengers in case of an accident.
There are a few different parties that can be held liable after a boating accident. Negligent operators, boat manufacturers, and maintenance providers may all be liable, depending on the cause of the accident. If the boating operator was impaired at the time of the accident or operating the boat in a reckless manner, they may be held responsible. However, even the most responsible operators can be involved in boating accidents. A defect in the boat or an equipment failure may be caused by the boating manufacturer, in which case they can be held responsible for the damages. If it is found that the boat was improperly maintained, the one who was negligent in servicing the boat and maintaining a safe vessel may be liable.
Determining the cause of the accident and who was negligent is important in determining liability. Establishing negligence involves proving that an act or a failure to act led to the accident. Boat manufacturers, operators, and maintenance providers all carry different insurance, and you need to know where to file your claim.
The first steps you take after a boating accident will help determine whether you are able to recover a fair settlement. While the moments after an accident can feel chaotic, it’s important to stay focused. The first thing to do is to make sure everyone is safe and that anyone who has been injured seeks immediate medical attention. Even if you believe your injuries are minor, understand that not only can the severity be masked by adrenaline, but some injuries will worsen over time. If you delay medical treatment, it may be more difficult to substantiate your claim later on. One of the first priorities is to secure medical treatment, followed by reporting the accident to the proper authorities. Reporting a boating accident ensures that the incident is properly documented and a formal record is created. In the case of serious injury or property damage, an official report is a requirement after an accident, but even if it isn’t mandated, documentation will ensure that there is no question about the time, location, circumstances, and weather conditions at the time of the accident. Everything included in the report needs to be objective and factual, without any bias or speculation.
Documentation is one of the most important parts of getting a fair settlement after a boating accident. In addition to the accident report and the medical records, try to document as much as possible at the scene. Take photos of anything relevant, including injuries, damage to the boat, the surrounding environment, and anything else that contributed to the accident. If there are any witnesses, ask for their statements and make sure to collect their contact information. The more evidence that can be gathered immediately following the accident, the better.
Recovering damages after boating accidents can be challenging. Unlike car, truck, or motorcycle accidents, fault may be more difficult to determine, and insurance isn’t as clear cut. Having an experienced attorney can help clarify your legal rights and options after the boating accident and help you understand the best way to proceed to get the settlement you need for recovery. Your attorney will help you gather all the documentation and evidence necessary to prove your damages and the settlement that will allow you to move forward with confidence. After filing a claim, an attorney can also take over the negotiations on your behalf. Insurance companies will use any tactic possible to minimize their potential payout, which can be frustrating when you are trying to recover. Having an attorney who understands these tactics can help move the process along more efficiently.
If you have been injured in a boating accident that wasn’t your fault and are facing a long recovery, you are entitled to compensation. We can help determine who is liable for the accident and get you the settlement you deserve. Contact Arthur Law Firm (419) 782-9881 right away for a free consultation.