According to the Coast Guard, there were 43,844 boating accidents in 2023 – causing 564 deaths and 2,126 injuries. Although most boating collisions are relatively minor, boating is an inherently dangerous activity. The Safe Boating Council states that inattention, inexperience, and excessive speeds are all major contributing factors to boating collisions. Compared to other types of accidents, boating incidents can be more dangerous because of water-related hazards. Even a slight knock to the head can render a victim unconscious, and this victim may drown after falling into the water. A family dealing with deaths and injuries of this nature might consider a boat accident lawsuit. Personal injury lawyers in Vermont, New Hampshire, or Florida may be able to shed further light on this possibility. Consider calling Shillen Mackall Seldon & Spicer at (802) 457-4848 to discuss a potential boat accident lawsuit in more detail.
When Can I File a Boat Accident Lawsuit?
A boat accident lawsuit is only possible if real injuries have occurred. Although this fact might seem obvious, it highlights the need to seek treatment immediately after a boat accident. Victims who fail to seek treatment will have no evidence with which to prove the legitimacy of their injuries. An appointment with a doctor creates new medical records that describe the nature and extent of the boat accident injuries. Without these records, it may be impossible to prove that injuries have occurred. As a result of this lack of evidence, it may be impossible to pursue a boat accident lawsuit.
Another important element of a successful boat accident lawsuit is fault. In order to file a personal injury lawsuit of any kind, the victim must establish that someone else caused their injuries. Vermont, New Hampshire, and Florida all follow systems of “modified comparative negligence.” Under this system, victims may only sue if someone else was the primary cause of the boat accident. If a victim is more than 50% responsible for their own boat accident, they may find it difficult to pursue compensation. The only exception is certain types of personal injury protection (PIP) boating insurance in Florida, which could allow “no-fault” claims.
Examples of Boating Negligence
A boater might cause an accident through various types of negligence. Some types of boating negligence are more common than others, and some are somewhat subtle. Even if a victim assumes that they are to blame for their own injuries, it may be worth speaking with a boating accident lawyer for further guidance. Shillen Mackall Seldon & Spicer may be able to uncover new evidence of negligence that shifts blame away from the victim.
Operator Inattention Can Easily Cause Boating Accidents
Operator inattention is a leading cause of boating accidents. Distraction may be more of a challenge on boats compared to other vehicles. Boaters often engage in various activities while operating their vessels – including fishing, eating, and conversing with friends. All boaters should keep an eye out for other vessels, especially when operating at high speeds. Collisions may also be more likely in congested areas near ports, docks, and harbors. If a victim can prove that another boater was distracted before a collision, it may be easier to hold them liable for injuries.
Intoxication Is a Leading Cause for Boating Accidents
The consumption of alcohol is relatively common among boaters – sometimes in copious amounts. Most states do not have open-container laws for boating, and it is generally legal to consume alcohol while riding on a boat as a passenger. However, operating a boat while intoxicated is always illegal – and it can lead to serious accidents. Intoxicated drivers may be more likely to operate at high speeds, and their poor judgment may increase the chances of collisions.
Mechanical Failure May Also Cause Boating Accidents
Not all boating accidents are caused by human error. Mechanical failure can cause even the most responsible operators to crash, and these incidents may lead to product liability claims. A product liability claim is a distinct type of boat accident lawsuit that allows victims to sue boat manufacturers. For example, a malfunctioning motor may have caused a fire that severely burned several victims on a boat. Alternatively, the motor may have stopped functioning at a crucial moment, leaving the operator unable to avoid a major collision.
How Do You Seek Compensation in a Boat Accident Lawsuit?
Compensation is an obvious concern for victims of boat accidents. These accidents can be life-changing, leaving workers permanently disabled and unable to continue with their careers. Medical expenses can also cripple the financial well-being of victims, and survivors may struggle with post-traumatic stress disorder (PTSD), depression, and loss of enjoyment of life. How do victims recover enough compensation to cover these economic and non-economic damages?
A boat accident lawsuit may facilitate compensation through an insurance settlement. However, boat accident insurance requirements vary from state to state. For example, Florida has a form of PIP insurance that may provide compensation regardless of who is at fault for the boat accident. In contrast, New Hampshire and Vermont do not require boat insurance of any kind. However, boaters may still obtain optional insurance coverage in both of these states. Regardless of insurance, it is still possible to sue a boater directly for negligently causing injuries. If the victims successfully establish negligence, they may seek compensation from the estate of the defendant. An experienced boat accident lawyer can help victims assess the most appropriate route pathway to compensation.
What if I Lost a Loved One in a Fatal Boating Accident?
Fatal boating accidents can lead to “wrongful death lawsuits.” These types of lawsuits are filed by the family members of deceased victims. Often, these victims die due to drowning or catastrophic head injuries. A wrongful death lawsuit is similar to a normal injury claim, although it may provide additional compensation for distinct damages – such as funeral expenses.
Continue the Conversation With Shillen Mackall Seldon & Spicer
A boat accident lawsuit could be an appropriate choice, especially for families who face considerable economic and non-economic damages. An accident of this nature can leave victims with excessive medical bills, lost income, and emotional distress. Although a boat accident lawsuit might seem like a daunting and unfamiliar task, the process should be relatively straightforward. These lawsuits may be easier to understand with the guidance of an experienced boat accident attorney in Vermont, Florida, or New Hampshire. To continue this discussion, consider calling Shillen Mackall Seldon & Spicer at (802) 457-4848.