A boating accident can often be an extremely traumatic and life-changing event. When this occurs, it is important to assess who is liable for the costs of repair, medical treatment, and more.
There are many scenarios where someone might be responsible for the damages. Still, it can be challenging to know who should be held liable without a comprehensive analysis of all aspects of the case.
Weighing the Risks
There are several unique risks to consider as a boater when out on the water. These include apparent dangers of accidents and hazards like:
- Loose objects
- Ice
- Rocks
- Unsafe equipment
If you have been involved in a boating accident that you believe wasn’t your fault, many potential causes might make somebody else liable for your damages.
Establishing Liability
In most instances, the person who suffers an injury in a boating accident will be liable for the damages. However, this isn’t always the case. Depending on the specifics of the case, the following entities may be at-fault for the incident:
- The boat owner (if it is a rental)
- The person in charge of another boat (if there was a collision)
- Passengers
- Boat manufacturers
For example, if a person who does everything right is involved in an accident that wasn’t their fault, the victim might be able to seek damages from their insurance policy and not the owner of the boat.
When actions by the other party cause an accident, the victim may hold them liable and try to recover any damages they sustained. Unfortunately, this can often be very difficult. In most states, they can sue the other party’s insurance company.
However, if there is no insurance, the injured party will have to file a lawsuit against the other person who caused the accident. A local Alexandria Boat Accident lawyer can offer valuable guidance throughout the lawsuit.
The following are examples of situations in which you may be found liable for the damages:
- A boater caused a collision with another boat, and their partner failed to respond after the crash, causing injuries and property damage
- A person was injured due to the property owner’s negligent action or failure to maintain the premises
Factors to Consider in Establishing Liability
Correctly establishing liability for an accident is not an easy task. A lawyer can be of great assistance during this phase, as they can help interpret the available evidence and identify the at-fault party.
Several factors must be considered when determining negligence, including the possibility of intentional misuse.
Negligence
When somebody else is negligent, they fail to use reasonable care in a situation that leads to injury or property damage. Some examples of negligence include failing to properly fasten cargo or not providing safety equipment. Failure to comply with safety procedures is one of the most common causes of boating accidents.
Intentional Misuse
When somebody intentionally misuses a boat, they can cause significant damage and injuries. Intentional misuse is often associated with:
- Alcohol or drug use
- Reckless behavior
- Not respecting safety procedures
Boating under the influence is deemed illegal in all U.S. states. Those caught driving a boat while intoxicated can face steep fines, jail time, and revocation or suspension of their license. Such actions are just as dangerous as driving a car under the influence.
Recklessly operating the boat, implies not respecting safe driving practices and endangering the lives of those on the vessel. It is the responsibility of the person driving the boat to respect the speed limit, keep a safe distance from other vessels, and adhere to all safety practices.
Final Thoughts
It is essential to understand who is liable in a boating accident, especially if you are a victim. It can be challenging to know what will happen moving forward with legal action. The best thing to do is call a lawyer who can evaluate your case and tell you what are your options.
