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Why You Should Hire a Boating Accident Lawyer

Boating accents are a common occurrence in the United States, resulting in injuries and even fatalities. In fact, there were more than 4,000 boating accidents in 2019, according to the US Coast Guard. If you were involved in a boating accident, you may want to talk to an accident lawyer.

Boating Accident

Boating Accidents Are Common

Unfortunately, boating accidents are very common. This is especially true in states with coastlines, such as California’s beaches, or Nevada’s Lake Tahoe. On average, there are about 500 boating accidents each year in California.

Because there are so many aquatic accidents in California, there are also many lawyers who work with boating accident injuries. However, you want an expert to represent your case. Do your research and make sure you hire a competent lawyer.

Causes of Boating Accidents

Many accidents are due to negligence, but they also occur as a result of bad weather, collisions with other boats, passengers falling overboard, not having enough life jackets on your boat, or operating a boat while intoxicated. In 2016, the most common types of boating accidents in California were:

  • Collisions with other vessels
  • Flooding
  • Grounding
  • Excessive speed
  • Equipment failure
  • Weather conditions
  • Alcohol and drug use
  • Overloading the boat
  • Poor navigational decisions
  • Lack of safety equipment
  • Violation of boating rules
  • Wake damage
  • Unsafe anchoring
  • Capsizing
  • Carbon monoxide poisoning
  • Operatior inexperience and inattention

Each of these issues can cause different types of damage or injury. Because the person operating the boat is driving other passengers, they may be liable for any accidents or deaths that occur.

Lawyers Help With Different Types of Boating Accidents

Qualified accident attorneys can help with any type of boating accident. While some boating accidents are hard to prevent, most accidents are due to negligence or inattention of the boat operator. There can also be accidents due to defects in the boat, lack of maintenance, and other issues with the boat itself.

Boating accidents are not a one-size-fits-all issue. This is why you need to hire a competent lawyer with experience in boating accidents to help you settle your case. Whether you were injured as a swimmer or while on a boat or jet ski, Let Heidari Law Group help!

There Are Many Types Of Boating Injuries

Just as there are many different circumstances for boating injuries, there are many different injuries that can occur. These include both nonfatal and fatal injuries, and may include:

  • Torn ligaments
  • Broken or fractured bones
  • Traumatic brain injuries and concussions
  • Neck, back, and spinal cord injuries
  • Burns
  • Crushing injuries
  • Death

While many people make a full recovery from these injuries, some of them can lead to chronic problems. These include fatalities and wrongful death, nerve damage, or paralysis.

In fact, out of the 4,168 boating accidents in 2019 in the United States, 613 of them resulted in a fatality. With so many accidents happening each year, it’s important to find a good lawyer that understands this growing sort of lawsuit.

Monetary Loss

One of the main reasons you would need a boating accident attorney is if you suffered a monetary loss due to your accident. Boating accidents, especially when more severe, can result in large hospital bills, future medical bills, and other expenses that are required to treat your injury.

Many people have a difficult time recovering from these medical bills and financial loss when they have to pay for their own expenses and have no assistance or compensation.

Others who have had boating injuries may have also lost money while they were unable to work while recovering from their injuries. Some boating injuries can cause larger disabilities, like permanent paralysis or loss of a limb. In these cases, you may be unable to work and would be suffering financially.

By hiring a boating accident lawyer, you can recover from your financial losses.

You May Be Entitled to Compensation

Because this type of personal injury or wrongful death claim can seriously impact the way you live, you may be entitled to compensation from your boating accident.

If you have experienced a loss due to a boating accident, you can find an experienced lawyer to help! Attorneys with experience in boating accidents can help you win your case and can make sure that you are compensated for your losses.

Injuries are not the only reasons you may be entitled to compensation. Many people receive compensation for medical bills, lost wages, pain and other types of suffering, and even funeral costs.

It is also important to find an attorney at law that cares about the outcome of your case. While many lawyers charge high fees and don’t guarantee an outcome, other lawyers, like Heidari Law Group, will only charge you fees once your case is won.

What should you do After a boating accident

It is important to know what to do after a boating accident. Below are a few guidelines to follow.

1. Ensure Everyone’s Safety

  • Check for Injuries: Immediately check if anyone is injured. If there are injuries, administer first aid as best as you can and call for medical assistance.
  • Stay Calm: Remaining calm will help you think clearly and take the right actions in a stressful situation.
  • Wear Life Jackets: If you’re not already wearing life jackets, put them on immediately to prevent drowning or injury.

2. Prevent Further Damage

  • Secure the Boat: If possible, stop the boat’s engine to avoid further damage or accidents. Ensure that the vessel is not taking on water or in danger of sinking.
  • Move to a Safe Area: If the boat is in a hazardous location (e.g., near other vessels, rocks, or strong currents), and it’s safe to do so, move it to a safer area to avoid additional collisions or grounding.

3. Call for Help

  • Use a VHF Radio: If you have a VHF radio on board, use it to call for emergency assistance. Use channel 16, the designated emergency channel.
  • Contact the Coast Guard: In case of a serious accident, contact the U.S. Coast Guard or local marine authorities for immediate help. Provide details about your location, the nature of the accident, and the number of people involved.

4. Assist Others if Possible

  • Rescue Overboard Passengers: If anyone has fallen overboard, help them get back on the boat safely. Use flotation devices to assist if needed.
  • Offer Aid to Other Boats: If other vessels were involved in the accident, offer assistance to their passengers, but prioritize safety and avoid putting yourself in danger.

5. Document the Accident

  • Gather Information: Collect as much information as possible, including:
    • Names, addresses, and contact details of everyone involved
    • Details of the boat operators, including registration numbers
    • Names and contact information of witnesses
    • Photos of the damage, injuries, and the surrounding area
  • Write Down Details: Make notes about the accident, including the time, weather conditions, visibility, and any contributing factors. This information will be crucial when filing a report or making an insurance claim.

6. Report the Accident

  • Notify Authorities: In many states, including California, you are legally required to report a boating accident to the local authorities or the U.S. Coast Guard if:
    • There are injuries requiring medical treatment beyond first aid
    • A person disappears from the vessel
    • There is a fatality
    • Damage to vessels or property exceeds a certain amount (usually $2,000 or more)
  • File an Accident Report: Complete and file a boating accident report with the appropriate state agency, typically the state’s boating and waterways department or the local law enforcement agency.

7. Exchange Information

  • If other boats are involved, exchange names, contact information, and boat registration numbers with the other parties, just like you would in a car accident.

8. Seek Legal Advice

  • Consult a Boating Accident Attorney: If you or someone else was injured, or if there is significant property damage, it may be beneficial to consult with a boating accident attorney. They can help you navigate insurance claims, liability issues, and possible legal actions.

9. Contact Your Insurance Company

  • Notify your boat insurance company as soon as possible to report the accident. Provide them with all necessary documentation and details to process your claim.

10. Receive Medical Attention

  • Even if you feel fine, it’s wise to seek medical attention after the accident. Some injuries, such as concussions or internal injuries, may not be immediately apparent.

By following these steps, you can ensure the safety of everyone involved, comply with legal requirements, and protect your rights after a boating accident.

Common Asked Questions

Why is it important to hire a boating accident lawyer after a boating accident?

Hiring a boating accident lawyer is crucial because they specialize in navigating the complex legal aspects of maritime law and personal injury claims. After a boating accident, these attorneys understand the intricacies of boating regulations and can effectively determine liability and negligence in boating accidents. They help ensure that victims receive fair compensation for their injuries, damages, and any other losses incurred, which can include medical expenses, lost wages, and pain and suffering.

What are common causes of boating accidents that often lead to legal action?

Common causes of boating accidents that often lead to legal action include operator inattention and negligence, operating at an unsafe speed, lack of proper lookout, equipment failure, and operating under the influence of alcohol or drugs. These factors can lead to collisions with other vessels, capsizing, passengers falling overboard, and other hazardous incidents that could have legal ramifications for the boat operator and others involved.

How can a boating accident attorney assist with insurance claims?

A boating accident attorney can assist with insurance claims by negotiating with insurance companies to ensure that the victim’s claims are properly addressed and compensated. They have the expertise to compile necessary evidence, assess the damage and injuries sustained, and argue for a fair settlement based on the specifics of the boating accident. An experienced attorney can also help in circumstances where insurance companies may unjustly deny claims or offer settlements that are too low.

What types of injuries are most commonly associated with boating accidents?

Most commonly, boating accidents can lead to a range of injuries such as broken bones, lacerations, head injuries including traumatic brain injuries, spinal injuries, drowning or near-drowning incidents, and hypothermia. These injuries can vary in severity from minor cuts and bruises to life-threatening conditions, depending on the nature of the accident.

In the event of a fatality in a boating accident, what legal actions can the family of the deceased pursue?

In the event of a fatality, the family of the deceased may pursue a wrongful death lawsuit. This allows the family to seek damages for their loss, including funeral and burial costs, lost income and support, lost companionship, and emotional distress caused by their loved one’s death. A skilled boating accident lawyer can guide the family through this complex process and help assert their rights against those responsible.

How does contributory negligence affect a boating accident claim?

Contributory negligence refers to the situation where the victim of a boating accident may have also contributed to the cause of their injuries. In such cases, the compensation received can be reduced according to the victim’s percentage of fault. Some jurisdictions follow a strict contributory negligence rule that can bar recovery if the victim is found even slightly responsible, while others follow a comparative negligence rule that allows recovery minus the percentage of fault.

What steps should one take immediately following a boating accident to support a potential legal claim?

Immediately following a boating accident, it’s important to first ensure the safety of all passengers and seek medical attention for any injuries. Contacting the Coast Guard or local maritime authority to report the accident is also crucial. Collecting evidence from the scene, such as photographs, witness contact information, and taking detailed notes about what occurred can be invaluable. Finally, consulting with a boating accident attorney as soon as possible to discuss potential legal claims is advisable.

What are the potential financial compensations available in boating accident lawsuits?

Victims of boating accidents may be entitled to various forms of financial compensation, including medical expenses, rehabilitation costs, lost wages, loss of earning capacity, pain and suffering, and emotional distress. In cases of severe or permanent injuries, compensation might also include costs for long-term care and modifications needed for quality of life adjustments.

What role do government regulations play in boating accident claims?

Government regulations, including state and federal maritime laws, play a significant role in boating accident claims as they set the safety standards and operating procedures for watercraft. Compliance or non-compliance with these regulations can significantly impact liability and negligence determinations in boating accident cases. A knowledgeable lawyer can help interpret how these regulations affect an individual case.

How does the presence of alcohol influence the outcome of boating accident litigation?

The presence of alcohol in boating accidents can heavily influence litigation outcomes, as operating a boat under the influence is both illegal and a significant indicator of negligence. If it is proven that the boat operator was intoxicated, it greatly increases the likelihood of liability, and can lead to more severe penalties and higher damages being awarded to the victims.

Hire A Boating Accident Lawyer Today!

Accidents on the waves can happen to anyone. Were you the victim of a boating accident or boating injury? Heidari Law Group can help!

We have offices in California and Las Vegas, and our clients don’t pay any fees until we win their case. Contact our team today for a free case evaluation and to learn more about top rated accident attorneys!