Piering Law Firm
Practice Areas and Legal Definitions
Boating Accidents
Typically, powerboats such as runabouts, cabin cruisers and jet skis are the most common watercraft involved in boating accidents, although sailboats can be involved in accidents as well. The most frequent sources of injuries are caused from propeller accidents and collisions. Because personal watercraft such as jet skis cannot be steered when the throttle is released, inexperienced drivers often have collisions when confronted with an emergency. Serious personal injury and even death can occur due to a boating collision or from a person falling over the side of a watercraft and drowning. Legal claims that arise from boating collisions are typically governed by the law of negligence. Any individual who negligently operates a watercraft may be required to pay damages to an injured victim. A maritime case involving a boating accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. The surviving family members of a fatally injured boating accident victim may be able to recover damages in a maritime wrongful death action against the defendant.
Boating Accidents Overview
Boating accidents may occur on privately owned recreational vessels, on recreational and commercial fishing boats, and on very large commercial ships.
The US Coast Guard reported that in 2002 more than 12.5 million boats and personal watercraft (PWC) were registered in the United States. In particular, the popularity of personal watercraft, such as Jet-Skis and other brands, has increased enormously over the past 20 years. Each year the Coast Guard logs more than 8,000 boating accidents. These result in over 4,000 serious injuries and 800 deaths annually.
Cabin cruisers, boats with outboard motors and jet skis are the watercraft most frequently involved in recreational boating accidents. Injuries can occur from collisions between boats or between boat and dock or other structures. Propeller accidents are another frequent source of injury. Serious injury and drowning can result from a person falling overboard. Bodies of water are governed by various city, county and state laws and recreational boating accidents are governed by these laws. The body of water on which you were injured will determine what your legal rights are.
Crews on commercial vessels frequently work for extended hours and under hazardous conditions. Sailors injured through the negligence of a vessel operator or another crew member, or the unseaworthy condition of the vessel have rights under the Jones Act, also known as the Merchant Marine Act. The Jones Act provides for injured sailors to seek damages for the negligence of the ship owner, the captain, or fellow members of the crew. They may seek to recover medical expenses and damages for pain and suffering, and recover lost wages, future earnings and other general damages.
If you or a loved have been injured as a result of an boating accident, please call us or fill out the form for a free initial consultation. There is no fee until we recover for you. |