Safe boating is the aim of all boaters and that comes from education/training and experience. With or without training, fatalities will still arise. You may ask, but how does a fatality still occur with training? Alcohol is a major factor, and is number 1 in causing boating fatalities. Other causes of fatalities are vehicular malfunction and flat out negligence.
Many boating accidents occur because people underestimate the dangers of watercraft and simply fail to understand the nautical “road guidelines” and safety rules. To add insult to injury, the lax requirements needed to handle a boat only makes way for accidents. They barely know how to handle the boat, let alone when they are near of one being handled by a second and even third party.
Whenever a boating accident takes place, a maritime lawyer must look at the various factors surrounding the case. The type of accident that took place is found out first, whether it be negligence or caused by unfavourable natural conditions.
These occur when no precaution is taken before being in control of a watercraft. Some examples of negligent accidents include – hitting waves at top speeds at an unsafe angle, ejecting from the boat due to misconstrue of the watercraft, contact with propellers, crashing into another vessel, defective design, crowding, etc.
Those injured in any of these ways can take legal action and get handsome compensations for medical bills, money lost, and the pain and suffering you had to endure. However, to get compensation, lawyers need to have the necessary proof to prove the accident such as, receipts, medical bills, tests results.
The amount of claim that you can receive is dependent upon your status on the boat, whether it be employee, guest or owner. Majority of recreational boating accidents involve ignorance or violation of a navigational regulation, referred to in layman terms as “The Rules of the Road”. In many circumstances, such a violation of terms agreed upon, gives the injured party a rebuttable presumption that the violator is in the wrong.
It is imperative that you contact an experienced and skilled boat accident attorney if you or a loved one were involved in a yachting, boating or personal watercraft accident to get the justice that you rightfully deserve. Maritime law is very different than land based law, that comes with filing deadlines and pleading requirements of its own.
Alcohol usage before operating a boat is gross negligence and is the leading cause of boating accidents. As you know, alcohol impairs one’s judgement and ability to operate machinery, especially one that is on water. If an accident is caused by an alcohol induced driver, a valid DUI test that shows that he was above the legal limit will be enough to convict that driver.
Accidents caused by natural conditions
Accidents can be caused on water by turbulent winds and uncontrollable waves. If this happens, proof of insurance by the owner and a legal agreement of responsibility for any damage done to passengers between them and owner, provides grounds for both parties to receive the necessary compensation.
Always ensure to take the necessary precautions to prevent boating accidents. If you are unfortunately involved in one, once you have the necessary legal documents to provide proof of the accident or a breach of contract that lead to the accident, you will be able to receive help to aid in your recovery.