when to seek a boating accident attorney

by Katharina Jakubowski I 6 min read

When a boating accident occurs, the results are often extreme and sometimes fatal. If you or a loved one has been in a boating accident caused by someone else’s negligence, you need an attorney experienced with this type of case to help you through the legal process and fight to get you full and fair compensation for your losses.

Full Answer

When to file a personal injury lawsuit for a boating accident?

Nov 04, 2021 · An attorney can help you file the accident reports with the law enforcement agencies and gather all the essential documentation. Step 4: Contact a Boating Accident Attorney. In the aftermath of a recreational boating accident, and before contacting the insurance company and filing claims, seek the help of a boating accident attorney.

When is a boat operator liable for a boat accident?

We effectively seek compensation to pay for your medical costs and to offset the loss of pay during your period of recovery. ... Contact boating accident lawyer Michael J. Schneider to learn more about your legal options. Contact Our Legal Team. Call us at 907-290-7314 for a no-charge, no-obligation case evaluation. Or email us a description of ...

What are the main causes of boating accidents?

Consult a boating accident attorney. Your lawyer can start working to seek compensation for your injuries while you rest and recuperate. Boating Accident Statistics. According to the United States Coast Guard, there were 5,265 boating accidents across the country in one recent year, resulting in 3,191 injuries and 767 deaths.

What happens when someone dies in a boating accident?

Boating accidents are a very common reason to seek out a personal injury lawyer in Roseville. It is unfortunately the case that boating accidents can occur when people get out on choppy waters or otherwise face some danger that they had not anticipated. When you have a motorized boat moving about on waters that are less than favorable, and you ...

image

What do you do if someone hits your boat?

Notify the U.S. Coast Guard and local authorities of the damage. Boating accidents, as with auto accidents, should be reported to the authorities right away so an investigation can be conducted. The exact circumstances that require a filed report vary from state to state.

What is the most common boating accident?

Falls overboard – This is the most common cause of boating accidents that result in death. It's where a passenger or operator accidentally falls off the vessel. This is also the most common cause of fatal boating accidents that involve hunters and anglers.

How do you mitigate a boating accident?

8 Safety Tips to Prevent Boating AccidentsMake sure all passengers wear life jackets that fit properly—especially children. ... Take a boating safety course. ... Don't drink alcohol while operating the boat. ... Have the proper safety equipment on board. ... Watch weather and water conditions carefully. ... Maintain a safe speed.More items...•Jun 16, 2020

What amount of property damage is required to report a boating accident under Florida?

Property damage of $2,000 requires the reporting of a boating accident under Florida law. The operator must make the report any time there is damage of $2,000 or higher. The threshold amount includes damage to the boats themselves, nearby structures, or even personal property in or on the boat itself.Oct 20, 2021

What is the main cause of most fatal boating accidents?

Many of the fatal accidents were caused by the operator of the boat. Chief among those was alcohol use. That was followed by operator inattention and lack of experience, excessive speed, improper lookout and drug use. Where the environment played a role, hazardous waters were by far the most common cause.

What type of boating emergency causes most fatalities?

Collision and crew-overboard incidences account for most of the fatalities. Injuries occur more frequently — somewhere around 100 per 100,000 registered boats.

What should sportsman always consider when hunting from a boat?

What it says is that they should take precautions in small boats, precautions like correctly loading the boat and using caution while moving about the boat and landing fish or fowl. Above all, a sportsman should wear his life jacket.

What is the first thing you should do if your boat starts taking on water?

Step 1: Immediately slow down and stop the boat. Step 2: Quickly throw something buoyant, like a life buoy or a lifejacket, to the person overboard. This will help them stay afloat and mark their location in the water if they go under.

How are most boating deaths prevented?

Some of the most important tips to prevent boating accidents include the following: Always boat sober. According to the U.S. Coast Guard, alcohol is the leading contributing cause of boating accident deaths. ... You can avoid an arrest for boating while intoxicated and you can also save lives.

What do the red and green markers indicate?

Basically, red marker buoys should be on your right (starboard) as you return from open water. Conversely, green channel markers should be on your starboard side as you head out into open water.Aug 4, 2020

What type of report must be filed if there is an accident while boating in Florida?

According to Florida law, boaters are required to file a report with the Florida Fish and Wildlife Conservation Commission's Division of Law Enforcement. If a boater does not wish to file with them, they can report the incident to the local police.

Under what circumstances must a boating accident be reported Florida?

Florida § 327.301 states that a written boating accident report is required in FL when an accident results in: Bodily injury. One or more deaths. The disappearance of any person.

What are the types of boat accidents?

Types of boat and watercraft accidents that can lead to serious injury or death include: 1 Collisions with other vessels or stationary objects, 2 Falls aboard boats and falls overboard, 3 Water skiing mishaps, 4 Flooding, 5 Grounding, and 6 Getting struck by the motor or the propeller.

What causes boat accidents in Cape Coral?

Cape Coral boat accidents most commonly result from a boat operator’s inattention or lack of proficiency. Reckless boaters, collisions of two or more boats, and boats striking stationary objects also cause a larger percentage of boat accident injuries.

Is boating legal in Cape Coral?

Recreational boating is a popular pastime in Cape Coral, but along with it comes the risk of becoming involved in a serious boating accident that results in significant injuries. If you or a loved one has been severely injured in a boat accident, a free consultation with an experienced Cape Coral boat accident lawyer at Berke Law Firm, P.A., can help you learn about opportunities you may have to seek compensation for your damages, including filing a lawsuit.

What causes boating accidents?

Some boating accidents are caused by defective boats, engines, or boating equipment. When a defective boat or boat part caused the accident, the injury victim can file a lawsuit to hold the manufacturer liable for any damages. If a boat sinks or the steering equipment fails, the pilot and passengers can suffer serious injuries or drown.

What is the duty of care of a boat operator?

Boat operators owe others a duty of care to use the boat in a way that does not endanger others. This involves following the rules of the waterways, following boating regulations, and watching out for other watercraft, swimmers, and any other obstacles.

What is respondeat superior?

Under “respondeat superior” laws, an employer may be responsible for the damages caused by an employee’s negligence. 7. A negligent employee may not have insurance or have enough money to pay for the damages caused by a boating accident.

What is negligence law?

Under negligence law, a person is liable for injuries caused by his or her failure to exercise reasonable care under the circumstances. 1. A personal injury lawsuit can compensate the injury victim for their losses caused by the accident.

What is a compensatory claim?

This includes any costs or losses associated with the accident. Compensatory damages include both economic and noneconomic damages.

What is a common carrier?

Common carriers are generally defined as businesses who transport people or goods for a fee.

What is a wrongful death claim?

A wrongful death claim allows the family to get compensation for their loss and make sure the person responsible for the accident is held accountable. 13. In a wrongful death lawsuit, the family can seek damages to compensate the family for their loss. These economic and noneconomic damages include: Funeral expenses;

What is a boating accident?

What exactly is a boating accident case? A boating accident case is any case that involves a boating crash and/or any injury that happens on the water. The boating case could arise from a personal watercraft injury, jumping off a boat, swimming next to a boat that makes contact with you in some manner that causes a serious injury or death. ...

What is maritime law?

These maritime provisions include the “ limitation of liability ” actions that allow a boat owner to limit their damages to the value of the vessel involved and no more.

What is boating under the influence?

This is also known as boating under the influence or BUI. Being on the water means relaxing to most people and what comes along with relaxing for many people is drinking alcohol. Some that drink and drive boats do so in and reckless manner and end up causing injuries to either their passengers or those around them.

Do jet skis need insurance?

That jet ski business is required by law to have insurance for this type of collision, but that insurance will not apply at all unless you and your boating accident lawyer are able to get around the “Limitation of Liability” action that will be filed by the rental business. In this example, the personal watercraft business will file a Petition ...

image