Boat Accident Attorneys- How Can They Help?
The beautiful waterways of Alabama make water activities almost limitless, but one has to know, that boating accidents are possible. They range from operator-induced activities, mechanical-induced, and condition-induced and cause fatal injuries and damages to property. Recreational excursions can very often culminate in a tragedy because of negligence, equipment failure, or other accidental situations.
However, the process involved in searching for legal help, post being involved in a boating accident, is not easy. Awareness of the most important aspects of liability, possible damages, and the presence of boat accident attorneys is also mandatory. Let’s take a look at the common causes of boating accidents, who might be at fault, and how a boating accident lawyer can assist in your attempt to claim compensation.
- Who Is At Fault In A Boating Accident?
- Statute Of Limitations For Boating Accidents In Alabama
- What Are The Common Causes Of Boating Accidents?
- Damages Recoverable in a Boating Accident Claim
- The Role Played by Boat Accident Attorneys
- What to do After a Boating Accident?
- Tips for Safe Boating
Who Is At Fault In A Boating Accident?
To establish negligence and understand who is at fault in boating accidents one has to look into the surroundings and activities that occurred before the accident. The most common partakers who can be held responsible are:
- Boat Operators: There is no doubt that negligence is one of the major causes of boating accidents and in some cases, the operators can be held liable for this. Driving while intoxicated, having a reckless manner of navigation, speeding, or getting easily distracted by phones or other passengers in their boats.
- Boat Owners: The owner is legally responsible for his vessel, and if they have not kept it in a proper state – they are to blame for the accident. Also if they have handed over the command of the vehicle to an inexperienced person, they can be held liable for that as well. This is where a boating accident lawyer comes in to verify the credibility of the boat owner.
- Manufacturers: Sometimes it so happens, that an accident can occur due to a mechanical failure. In such cases, the boat makers can be held responsible or the supplier of the boat’s parts.
- Third Parties: In rare cases, a third party can be responsible for an accident by coming in the way, making a wrong turn, or causing a disturbance and tension in the surroundings.
It is very important to understand who is at fault to raise a claim and this can only be done with the help of highly experienced boat accident attorneys.
Statute Of Limitations For Boating Accidents In Alabama
Alabama law imposes a strict time frame for filing a boating accident claim:
- Personal Injury Claims: The normal time within which victims can file a boat accident lawsuit is two years from the time of the accident.
- Property Damage Claims: The same rule applies, that is, the two-year limit.
- Exceptions: There are, however, exceptions, such as if the perpetrator is from a government agency, or if the victim is a child.
Failure to meet this deadline means you will be barred from filing a claim, and therefore it is also advisable to immediately get in touch with experienced boat accident attorneys.
What Are The Common Causes Of Boating Accidents?
Boating accidents are not mere incidents, the common causes of boating accidents are listed below:
- Equipment Failure: Mechanical problems or equipment failure can be one of the root causes of boating accidents and this stems from negligence in the maintenance of the vehicle or provision of faulty parts.
- Adverse Weather Conditions: Fair weather that can suddenly change and cause rough storms, tall trees, and grass that can get uprooted and fall into the water body, fog, and strong winds that blow over the water source.
- Operator Inexperience: This implies that many operators are not well trained or lack experience most often leading to accidents.
- Overloading the Vessel: Sometimes passengers overload the boats by carrying extra luggage. If not checked properly these minor issues can lead to major boat accidents.
- Driving Under the Influence: First and foremost it is against the law to be intoxicated while driving a vehicle, therefore even driving under the influence is one of the common causes of boat accidents.
- Collisions: Collins amongst vehicles or collision of a vehicle with a dock or an object in busy water channels can lead to boat accidents.
Boating accident lawyers can always determine the cause of an accident that made the boat crash or topple hence helping clients garner enough proof to demand compensation.
Damages Recoverable in a Boating Accident Claim
There is no doubt that victims, their families, and friends incur a huge loss in a boating accident, the loss can be physical, financial, and mental. Here are the types of damage that one can claim compensation for:
1. Economic Damages
- Medical Expenses: Refers to all previous and future treatments inclusive of surgeries, rehabilitation, doctor visits, medications, etc.
- Lost Wages: Providing victims compensation for not being able to show up for work due to an injury.
- Property Damage: Damages for repairing or replacing your boat and personal property you had on the boat at the time of the loss.
2. Non-Economic Damages
- Pain and Suffering: Proving compensation to the victim for their physical pain and suffering and mental anguish.
- Loss of Enjoyment: Commonly known as PTSD, this is when an individual due to trauma or fear or due to a sense of loss finds it difficult to participate in a particular activity.
3. Punitive Damages
- This type of compensation is provided only when the accident is very severe or intentional. The perpetrator bears the compensation costs and receives disciplinary actions to not repeat such behavior in the future.
The Role Played by Boat Accident Attorneys
Boating mishaps are quite daunting when victims are faced with the process of seeking compensation, however, we understand that it comes with more than its fair share of challenges which is the reason we are here to ensure that you are well represented by competent boat accident attorneys. Here’s how a boating accident lawyer can help:
- Emphasizing Thorough Investigations: Lawyers collect relevant information like police and accident reports, statements of eyewitnesses, and arguments necessary to prove who is at fault.
- Navigating Complex Laws: Rules and regulations are available at the federal level, state, and county levels. Boat accident attorneys make sure that your case is run within these legal frameworks.
- Insurance Companies Negotiation: Most insurers at times try to pay the least amount that they can. Your boating accident lawyer will fight to ensure that there is a reasonable claim that will compensate for the losses experienced.
- Filing Lawsuits: If the disputes cannot be settled through the negotiations, legal lawyers can take a lawsuit and defend you in court to ensure that you recover the highest amount of compensation possible.
- Computerizing tabulation of total causes damages: They evaluate every cent you stand to lose – current and future medical expenses and compensation for the pain and suffering.
What to do After a Boating Accident?
If you’re involved in a boating accident, follow these steps to protect your rights:
- Ensure Safety: Search for any injuries on your body and treat them immediately if there are signs of first-degree burns.
- Call Authorities: Always make a report on the accident to the nearest police station.
- Document the Scene: Take pictures and recordings of the accident, damage, and casualties, to support your claim.
- Exchange Information: Get contacts of the other parties involved in the accident.
- Avoid Admitting Fault: Be aware of what you say and make sure to not overshare or make up information about the accident.
- Contact a Boating Accident Lawyer: You should consult a lawyer as early as possible.
Tips for Safe Boating
To stay safe and avoid a boating accident there are a few things you must keep in mind. Always ensure that the boat operators are licensed, trained, and experienced before the start of your journey. The next thing is the proper maintenance and care of the vehicle, including lifesaving equipment like life jackets, and fire fighting tools like fire extinguishers. Avoiding intoxication and checking weather conditions before heading is also very necessary to avoid boat accidents.
Like all accidents that occur on water bodies, boating accidents in Alabama can be severe, but seeking legal help can improve your situation. From determining liability to recovering damages, boat accident attorneys play a significant role in assisting you. If you or a loved one have been involved in a boating accident, don’t wait. Call an experienced boating accident lawyer for a consultation on your case and for legal assistance.
