Hiring a boating accident attorney is necessary for your case. But we’ll cover everything you should know on Typestrucks below.
Everything to Know Before Hiring Boating Accident Attorney
Each year, thousands of boating accidents occur throughout all U.S. states, particularly in states with coastlines like Florida. Federal, state, local, and marine laws must be followed when owning and operating boats and ships in the United States; this is significant for establishing who is responsible for an accident. When accidents occurred, it’s not a rare thing to contact boating accident attorney.
If you are hurt while riding in a boat, or if you work in the maritime industry, you may be entitled to compensation. In the wake of a boating accident-related injury or death, boating accident attorney with experience managing boat accident injury claims can assist you or a loved one in determining your legal options. But before you contact them, below are everything you need to know about boat accidents.
Types of Boating Accident
When boating accidents happen, there’s a huge chance that you might need help from boating accident attorney. The personal injury attorney shall have adequate knowledge about type of boating accidents that they are handling. Each law firm might have their own boating attorney who specializes in several areas. For example, Morgan & Morgan law firm are expert in handling these types of boating accident:
Negligence
One of the most frequent causes of boating accidents is reckless and careless activity. A boat’s primary owner or operator may be held liable for negligence if passengers aboard the boat suffer injuries in an accident. When another party’s careless or negligent actions have caused the personal injury of another person or people, the legal theory of negligence is relevant. Oftentimes, negligence is cited in personal injury lawsuits. A boating accident attorney can charge the operator with negligence if they:
- Striking a large wave or wake at a high rate of speed
- Choosing to sail through bad weather, which results in people falling overboard
- Exposure to propellers
- Operating at a rapid pace
- Leaving safety equipment off the rig
Boating While Intoxicated
Operating a vessel while under the influence of drugs or alcohol is prohibited by Florida state law. Sobriety tests are required of anyone suspected of operating a boat while inebriated. The operator’s driving and boating licenses will be revoked if they refuse to take the exam. The legal definition of intoxication is when a person’s blood or breath alcohol content is at or higher.08%.
Any person under the age of 21 who has a blood or breath alcohol content over.02 is regarded as drunk. Any person who registers an alcohol level in their blood or breath that is higher than the legal limit may be subject to fines, jail time, and/or probation. Of course, your boating accident attorney can help you collecting all the necessary evidences.
Unsafe and Careless Boat Operation
A person who operates a vessel with “willful disregard for the safety of persons or property” in violation of Florida and Federal Navigation Rules may be charged with reckless operation, a first-degree criminal misdemeanor. In order to preserve the safety of other boaters, visitors, and property, boat operators are required to “operate their vessel in a reasonable and prudent manner with regard to other vessel traffic, posted restrictions, the presence of a divers-down flag, and other circumstances.”
A ticket for careless operation may be issued if these rules are not followed. After receiving many tickets, the offender will have to finish a boating safety course before being allowed to operate a watercraft once more.
What Legal Strategies Are Available for Boating Accidents?
Boating accident victims may be eligible to bring a lawsuit to obtain compensation for property damage and/or personal injury. If a boater operates carelessly, negligently, or while under the influence, there may be grounds for criminal prosecution. The victim should immediately contact a professional boating accident attorney to receive some assistance.
The most frequent legal theory cited in cases involving boating accidents is negligence. Most of the time, violating the established boating regulations, passing another vessel in an unsafe manner, or failing to utilize or have enough safety equipment on board will result in the operator of the vessel being found accountable for negligence in a boating accident. If the matter gets to trial, a jury will decide whether the boat’s operator behaved “reasonably” while operating the vessel.
The plaintiff’s injuries must be directly related to the watercraft accident in order to be awarded damages. To prove negligence, it’s crucial to gather evidence, such as eyewitness accounts, police records, and pictures of the accident scene and injuries. The injured person must demonstrate in these types of litigation that the boating accident was brought on by another’s negligence or carelessness, that they were hurt as a result, and that the irresponsible party is liable for any associated losses. They must also provide their boating accident attorney for evidences needed.
Why You Must Hire a Boating Accident Attorney?
Using their experience handling both marine and personal injury cases, boat accident attorney will ascertain the laws, statutes, theories, and jurisdictions that are relevant to your claim. Florida residents will have little trouble locating law firms that provide boating accident lawyers’ services.
Depending on the body of water where the accident occurred and the sort of accident, the boating accident lawyer can determine who can be held accountable for your losses using the facts you gave. You might not be able to receive compensation for your injuries if you do not file your claim within the personal injury statute of limitations in your state. A boating accident lawyer should be contacted as soon as possible.
You may be eligible to compensation if another party’s negligence caused your injuries in a boating accident. If necessary, the boating accident lawyer will help you take your case to trial in order to get the compensation you are entitled to.
Depending on where you live in the United States, there are certain deadlines for filing boating accident injury claims. For example, Four years after the accident date, a boat accident must be filed under Florida law. Therefore, it’s crucial to start the legal action process by contacting a boating accident attorney as soon as feasible.
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