New York City Personal Injury Law Blog

What to do if You have been a Victim of a Boating Accident?

Posted on Jun 25, 2014 in Boating Accidents

On behalf of Rosenberg, Minc, Falkoff & Wolff, LLP

While boating may be a fun experience, there are times when accidents do happen, which might lead to a personal injury lawsuit. Here some things to know if you have been the victim of a boating accident.

Boating-Accident-Personal-Injury-Lawsuit-300x167In boating accidents, you must be able to prove that the injury you sustained was caused by someone else’s negligence.

Proving Negligence

For you to be able to recover damages, you must be able to prove that the injury you sustained was caused by someone else’s negligence. Negligence refers to the failure to act with reasonable care. Therefore, your personal injury lawyer must be able to prove that due to the fact that someone failed to act with reasonable care and was negligent, you sustained injuries and were hurt.

How can You Make a Negligence Claim?

You need to identify the different types of boating accidents in order to better illustrate how a negligence claim might. Most boating accidents are caused due to the following factors:

  • Your boat hits a wave
  • Your boat hits another boat
  • Your boat hits another boat’s wake
  • Your boat hits a submerged rock, object, or land

Damages in a Personal Injury Lawsuit

You are entitled to damages, if your boater exhibited negligence and you were injured as a result of it. These damages may include your lost earnings, your medical bills, pain and suffering as well as your lost earning capacity.

Insurance Coverage Which may Affect Your Case

Boating-Accident-Personal-Injury-Lawsuits-300x225Just because someone else’s negligence caused your injury, it isn’t guaranteed that you will be able to recover any damages.

Just because someone else’s negligence caused your injury, it isn’t guaranteed that you will be able to recover damages. You may be able to claim compensation if the person has no assets and no boater’s insurance. Injuries on boats are covered by motor vehicle insurance. These injuries might be covered by homeowner’s insurance, but not everyone has access to this kind of insurance.

Then there’s also the fact that not all boat owners have boating insurance coverage through their homeowner’s policy. You won’t be able to file a claim against your own homeowner’s insurance for a boating injury. While motor vehicle coverage usually includes uninsured benefits, homeowners’ insurance policies on the other hand, usually don’t cover the actions of people who do not have insurance.

How an Personal Injury Attorney can Protect Your Rights

You should immediately contact the services of an experienced personal injury lawyer to take care of your lawsuit for your boat accident that resulted from someone’s negligent behavior. A personal injury lawyer can examine the accident and determine who is liable. In some cases, equipment failure or a defective product may have caused your accident, whereas in other cases a reckless or inebriated operator may be responsible. An attorney will be able to collect statements of witnesses, gather evidence, and pursue a boating accident lawsuit.

How to Keep Safe to Reduce Risks

  • Before you head out, check the weather forecast.
  • Avoid drinking while on a boat.
  • Since overloaded boats are dangerous, keep your boat under the maximum capacity.
  • Always have a floatation device handy for each passenger on board.

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