Boating can be a great deal of fun, but just like with everything else, accidents can take place. If you become injured while on your boat, and are concerned about your legal rights, there are some things that you should take note of.
If you become injured on a sailboat or motorboat, you must be able to prove that your specific injury was due to the negligence of someone else in order to be able to claim damages from that individual. Negligence is considered to be the failure to act with appropriate care. This means that you and your attorney must be able to make it known and prove it in court that this was in fact due to someone else’s negligence. These are a few common instances where negligence comes into play:
- If your boat is to hit another boat
- If your boat hits a wake of a boat
- If your boat hits a wave
- Or if your boat hits rock, submerged object or land
If there has been a serious collision between two different boats, then both of the operators will both be somewhat at fault. The passengers who were injured may have some sort of legal case against the people who were operating both boats. If only one of the operators experienced an injury, then that person is less than 50% at fault. Much of these will depend on whether or not these individuals were practicing safe boating practices.
Hitting a Submerged Object or Rock
Even when there is ample visibility and weather, a boat has a slight chance of hitting a rock or another object that is submerged in water. When it is not visible, then a boat can hit the coastline or maybe even a jetty. It will depend on the specific circumstances as to whether or not the driver will be considered at fault. If he was driving safely and there was poor visibility, he might not be at fault. This will have to be determined by the insurance companies and the attorneys who assist in the claims.
Hiring an Attorney
If you have experience a boating accident, you should probably begin searching for boating accident lawyers in Bellevue, NE to help you with your claim. It is important to have an expert’s opinion on the matter as there could be some important details that you may be forgetting.