Boating Accident Attorneys
There are numerous types of boats available for hire including cruise ships, casino boats, and fishing charters. There are also numerous private pleasure crafts on virtually every body of water in every state. In addition to boats, personal watercraft, such as jet skis, have become quite popular and are found virtually everywhere. So, it is not surprising that boating accidents are becoming more common than ever before. Boating is an increasingly popular form of recreation and can be very enjoyable if done responsibly. Many times, inexperienced or negligent boat owners and operators can ruin an otherwise exciting time and cause extensive damage and injuries. It is a general rule of law that the owners and operators of boats have a duty to exercise the highest degree of care in order to prevent injuries and death to others.
Any injury that occurs on, or with a boat, ship, ferry or personal watercraft is considered a boating accident. Most boating fatalities are not weather-related. Fatalities typically occur in open vessels on inland waters in the afternoon when the weather and visibility are good and the winds and water are calm. A number of events can lead to accidents on the water. The following is a list of some of the most common causes of recreational boating accidents: More information here @ https://www.carabinshaw.com/boating-accidents.html
Collision, capsizing, flooding, or sinking – These can be the result of alcohol, wind, rain, sun, or waves, or a lack of experience in boating.
Accidents from boating activities – Boating activities such as water skiing can be dangerous when participants either fail to practice safety procedures or when they do not take into account water depth, obstacles, and proximity to shore.
Explosion or fire – Fuel is the most likely source of a boat fire. Explosions or fires often result from damage to or improper maintenance of the fuel system.
Electrocution – This typically occurs due to lightning or the vessel striking a power line. The danger posed by lightning is just one reason why it is imperative to avoid water under threat of a storm.
Boat operators who are involved in accidents must report the accident if the accident has resulted in a death or disappearance of a person, has caused an injury requiring medical attention beyond normal first aid, and if property damage exceeds $500. An operator involved in a boating accident must stop their boat immediately at the scene of the accident and give assistance to anyone injured in the accident. The operator must also give their name, address and identifying number of their boat to the other boat’s operator and/or owner of the damaged property. Failure to remain on the scene, render aid, and timely report the boating accident to an appropriate law enforcement agency is a crime. Also, be sure to report the incident to your insurance company to be safe and always if a state or federal report was made.
Boating accident reports are required to be filed within:
48 hours of the occurrence or if a person has died
48 hours if a person is injured and medical treatment beyond first aid is required
10 days if there is only damage to property
The information you supply is used to develop safety regulations and manufacturing standards for the benefit of the boating public. The information is also used in boating safety education programs and other boating safety initiatives. Without good data, a boating safety hazard might be completely overlooked and other boaters could be hurt or killed.
Federal statutes, often referred to as admiralty laws or maritime laws, apply to ships three miles from shore on the Atlantic side and nine miles from shore on the Gulf side of the states. Included within maritime law is the doctrine of un-seaworthiness. A vessel is not seaworthy if it lacks the proper equipment or devices to allow it to engage safely in the trade for which it was intended. In addition to federal maritime law, there are several federal laws, which protect employees who work on boats: The Jones Act and the Death on the High Seas Act. These laws are intended to protect employees who work on vessels on any “navigable” waters, regardless of whether those waters are considered state waters or federal waters.
If you have been injured while boating, you should contact an attorney so that they can help you bring a claim against the operator and owner of the vessel. Commercial vessels tend to carry insurance while private vessels are often insured under a homeowner’s policy of insurance. Either way, you may be entitled to compensation for the damages that you have incurred. As with all personal injury cases, there is a statute of limitations in these types of cases, so do not delay contacting our Boating Accidents Lawyers. Otherwise, you may lose out on receiving benefits that you are entitled to.