Just like with motor vehicles, serious accidents that involve watercraft can lead to equally serious injuries. Victims of boating accidents can suffer traumatic head and brain injuries, bone fractures, soft tissue injuries, and even death by drowning. In some cases, these accidents occur because a boat operator is negligent under the circumstances. At other times, however, boating accidents happen because of product defects on the watercraft itself or from failure to maintain the watercraft.
If you have suffered an injury in a boating accident, it is important that you seek legal representation in your case as soon as possible after your injury. The San Francisco boating accident lawyers at The Cartwright Law Firm, Inc. are ready to help you with your personal injury case today.
Ways in Which Boat Operators Cause Accidents on Waterways
Just like the operators of motor vehicles on roadways, boat operators owe a duty of care to their passengers, as well as to other boaters who are operating their watercraft in the water. Specifically, they have a duty to operate their watercraft in a safe, careful, and reasonable manner at all times – and in accordance with all applicable boating regulations. However, in some instances, boat operators fail to act reasonably under the circumstances, and they bring about a collision with another watercraft or with a stationary object in the water.
One of the ways in which boat operators are negligent is by failing to operate their watercraft safely. For example, they may exceed the posted speed limit for watercraft or operate their boat in an aggressive or erratic manner. At other times, boaters might operate their watercraft while they are distracted, such as by focusing their attention on a cell phone or another electronic device when they should be operating their boat safely. Finally, boaters can be negligent on the water when they engage in intoxicated or drugged watercraft operations.
In addition to operating their watercraft carefully and safely, boat operators have a duty to ensure that walkways, decks, seating areas, and other areas of the boat are properly maintained at all times. This includes making sure that passenger areas are kept free of debris and large puddles of water that could result in slip and fall accidents. Specifically, boat owners have a responsibility to warn about known dangerous hazards on the watercraft and/or to repair them or correct them within a reasonable period of time. Failing to do so can lead to significant accidents and injuries for those who are onboard the watercraft.
If a boat passenger suffers an injury on deck or on some other area of the boat, and this can be traced to poor boat maintenance and/or repair work, then the accident victim could file a claim or lawsuit against the boat operator and/or the owner of the watercraft.
If you have been injured as a passenger in a boating accident, you could bring a claim or lawsuit against the operator of your watercraft if he or she was behaving in a negligent manner. Similarly, if the operator of another watercraft was engaging in negligent boat operation, you could bring a claim against him or her as well. As part of your claim, you could seek monetary compensation not only for your injuries, but also for the pain, suffering, and inconvenience that you had to endure as a result of the injuries you suffered in the accident.
Ways in Which Others Can be Responsible for a Boating Accident and Resulting Injuries
Negligent boat operators are not the only ones who can be responsible for boat accidents and the resulting injuries. In some instances, boats and boat parts are defectively manufactured and surfaces are not slip-resistant, resulting in serious accidents and injuries onboard the watercraft. At other times, boat components, such as steering mechanisms and braking systems, are not manufactured or designed in the proper manner, leading to an accident. When that is the case, you might be able to bring a claim or lawsuit against the manufacturer of a boat or boat part. In addition, or in the alternative, you could bring a claim or lawsuit against another entity in the chain of distribution.
Boat manufacturers have a duty to ensure that boat parts, components, and the entire boat itself, are properly manufactured in a safe and careful manner. Manufacturers must also ensure that everything is tested prior to being made available for purchase by the public. Manufacturers also have a duty to ensure that they comply with all of the necessary industry standards when designing a watercraft. When manufacturers and designers take shortcuts in the hopes of saving money, and a serious boat accident occurs as a result, the manufacturer or designer of the watercraft could be liable for any resulting injuries sustained.
Filing a Claim
If you have been injured as a passenger on a boat because of someone else’s carelessness or negligence, you might be able to file a claim against the responsible person or entity’s insurance company. In order to be successful, there are several legal elements that you will need to establish. First, you must be able to demonstrate that the boat owner/operator owed you a duty of care, that he or she violated that duty of care, and that as a result, you suffered one or more injuries or damages. In some instances, it might be necessary to retain an expert to assist with proving that a boat operator or some other individual/entity was negligent under the circumstances.
An accident victim typically begins the claims-filing process when he or she submits a settlement demand package to the insurance company. Specifically, the accident victim will include copies of any incident report or reports that were prepared, along with all pertinent medical records, medical bills, and lost wage documentation.
Once the insurance company reviews all of the pertinent documentation, an adjuster might make an offer to settle the case. In many instances, it will take several rounds of negotiations before the insurance company will offer the accident victim monetary compensation that is worth accepting. In fact, it might take filing a lawsuit and litigating the case before the insurance company will increase its offer to a reasonable amount.
Speak to a San Francisco Boating Accident Lawyer Today
The legal team at The Cartwright Law Firm, Inc. is ready to assist you with handling your boating accident case. To schedule a free case evaluation and legal consultation with a San Francisco boating accident attorney, please call us at (415) 851-6486 or contact us online today.
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