The laws surrounding liability in boating accidents might feel unfamiliar. Maritime law is different from typical car accident laws, and you may have trouble determining how to move forward from a boating accident injury.
As with car accidents, establishing negligence in a boating accident is an important element in seeking compensation. Several parties might be liable for a boating accident.
Potential Liable Parties in a Boating Accident
A person or party might be liable for your boating accident if they owed you a duty of care and breached that duty, causing an accident that led to your injuries or other damages. Below are a few examples of parties that might be liable for your boating accident injury, though liability depends on the circumstances of the accident.
- The boat operator: If the person operating your boat failed to follow safe boating practices and negligently caused the accident, they may assume liability.
- The boat manufacturer: Perhaps a mechanical malfunction led to the boating accident. The boat manufacturer might be liable under product liability law.
- Another boat operator: If another boat crashed into your boat, that vessel’s operator might be liable for the accident.
- A passenger: Sometimes, passengers can assume liability for accidents when they distract the operator, act recklessly, or create unsafe conditions that lead to an accident.
- The boat rental company: If your group was renting a boat from a company, or a third party was responsible for operating the boat, that party might be negligent in the accident.
Determining Liability After a Boating Accident
Because several parties might be liable for your boating accident injury, determining who to pursue compensation from can feel tricky. If the police were called to the accident scene, an officer may have created a report where they indicated their preliminary assumption of how the accident occurred and who was liable. However, this fault determination may not fully reflect the actual circumstances of the accident.
Liability is often established by reviewing available evidence from the accident:
- Security camera footage of the accident
- Photos or videos of the damage to the boats or other structures
- Witness testimonies from passengers, other boaters, or any others who witnessed the collision
- Testimony from accident reconstructionists
An experienced boating accident attorney can help you understand how to assess liability in your accident.
Options for Seeking Compensation After a Boating Accident
You may have a few options for seeking compensation after a boating accident injury. If the accident was on navigable waters, meaning the body of water is capable of being used to transport foreign or interstate commerce, maritime law would apply. If not, state law would cover the accident. Maritime claims may involve different damage categories than those available under state law
If the liable party carried applicable insurance, you may be able to pursue compensation through an insurance claim. Otherwise, you may decide to seek compensation from the at-fault party directly.
A person injured in a boating accident may be able to seek these types of personal injury compensation:
- Medical expenses
- Property damage to the boat or personal items
- Lost income while recovering
- Loss of future earning capacity after life-changing injuries
Non-economic damages may also apply, which would address the physical and emotional toll the accident had on your life. This may include compensation for emotional distress, pain and suffering, or loss of quality of life.
Seek Legal Help With Navigating Boating Accident Claims
Determining liability after a boating accident injury isn’t always straightforward. Stewart & Stewart Attorneys represents clients through boating accident liability cases in Carmel, IN. For legal assistance, schedule a consultation with our attorneys today by calling 317-854-5348.