You hear about car crashes on land every day, but accidents also happen in the water.
Boating accidents can be quite scary and serious when they happen. In 2023, the U.S. Coast Guard reported 3,844 boating incidents that resulted in 564 deaths, 2,126 injuries and about $63 million in property damage.
While boating accidents are rare compared to regular traffic incidents on land, they can still cause huge problems like injuries, property damage, and even death. They are sudden occurrences that can result from someone else’s carelessness, operator error, equipment failure, inclement weather, or the use of alcohol or drugs.
Boating accident attorney Lawrence Falzon understands the unique challenges that arise when a boating accident happens. There are procedures you need to know and expect when you suddenly find yourself in this precarious situation.
Understanding Boating Accident Liability
In boating accidents, you must determine liability, who is at fault, and what damages the injured person may receive. Liability may rely on boat operators’ conduct, boating law violations, or weather conditions.
The other party may be considered liable for the accident if they went too fast or otherwise negligently disregarded rules. Courts will hold those responsible for the accident accountable for their actions.
According to https://www.bleamanlawfirm.com/, like any other vehicle accident, the party responsible for causing a boat accident faces liability for all resulting damages.
Many times policies are put in place to settle disputes or pay for damages. Understanding your rights is critical for maintaining your financial stability.
Gathering Evidence and Documentation
Gathering evidence and documenting information after a boating accident are essential processes in building a strong case. Take pictures of the accident site and any damage to your or other vessels.
Get witness statements and all of their contact information, as their stories may back up yours. If you can, request a copy of the police report. It will have essential information about the event in question.
Keep track of your injuries and treatments, as well as all of your invoices and paperwork. Make a list of all the costs that are related to the accident, such as automobile repairs and lost wages.
Keep detailed records of any letters or emails you send or receive from other people involved. This information could be very important for your next legal steps.
Filing an Insurance Claim
You can file a claim for damages and injuries you experienced in the boating accident as soon as you have all the proof you need.
Call your insurance provider, tell them what happened, and give them whatever proof you have, such as photos, police reports, and statements from witnesses
State the damages and medical expenses you are claiming payment for. The insurance representative will then go ahead and evaluate the claim, which often involves an investigation.
Stay in contact with the claims adjuster, furnishing such information as they require. Have a file of all correspondence and papers for your reference later on.
File sooner rather than later; the sooner the claim is filed, the faster the claim can be moved along for compensation.
Pursuing Legal Action
When the insurance company refuses to make a decent settlement offer, it is time to consider proceeding with a lawsuit. That means filing a claim against the responsible party for damages.
Collect all evidence related to the accident: photographs, witness statements, and medical records. Document how the accident has altered your life from both a monetary and an emotional perspective.
Use these facts to choose whether to file a claim for negligence or recklessness. Make sure you know when the statute of limitations expires because that is the very last day you may file your claim.
The entire legal process might take a fairly long while depending on the court scheduling, and thus having patience is a virtue one may need to nurture; nevertheless, it will all be worth it once you receive your just compensation.
Working With a Maritime Attorney
Boating accidents are quite complex. You will need an attorney with maritime law experience to give your case the best chance of success.
These attorneys know the unique laws and codes affecting such claims and will, therefore, provide you with the best legal representation possible. They will help you gather key evidence, accident reports, and any witness testimonies essential to bolstering your claims.
You have nothing to fear with a competent lawyer by your side. They will negotiate a fair settlement from the insurance company on your behalf.
Should it become contentious and a trial ensue, the attorney will represent you in court, ensuring that you receive what is rightfully yours.
