One of the best reasons to live in the greater Tampa Bay or Sarasota area is to be close to the water. In this region, we love all things water-related. For many residents, going out for the day in their boat is the highlight of their week.
But as the population grows and more people choose to live here every day, boat traffic – like auto traffic – can get congested. Boating accidents are becoming more commonplace, and people often wonder where to turn. If you have been injured due to the negligent behavior of someone driving a boat, it may be time to call a personal injury lawyer.
Who Can Be Held Responsible for Boating Accidents?
There are many possibilities for who can be held liable in boating accidents, which is why calling a local attorney to help you navigate the system is so important.
- The operator of the vessel who caused the accident could be found primarily responsible.
- If the boat’s owner loaned the vessel to another operator, the owner of the vessel may also be found at least partially responsible.
- If the boating mishap was caused by an inexperienced boater piloting a rental, the person or company who rented them the boat may be found at fault.
- Corporate sponsors of major boating events and competitions may also be found responsible for boating injuries and accidents.
In most cases, forensic experts are brought in to help in evaluating who was at fault. The local police force, the U.S. Coast Guard, or even the Fish and Wildlife Commission may head up the investigation and file a report. They most often confiscate the vessels that were involved in the accident to build their case. Because so many players may be involved, it is important that you have representation.
What Types of Damages are Available in Boating Accidents?
If you were injured in a boating accident, you would proceed similarly to a car accident. You can first determine how much of your claim will be covered by your own insurance company. The following are the most common coverages for boat insurance:
- Collision damage generally includes the repair or replacement of your boat.
- Property damage liability covers the damage you cause to someone else’s boat, a dock, or other property due to your own negligence or error.
- Bodily injury liability covers an injury you might cause to another party; and may include their medical bills, lost income, pain and suffering, and legal expenses. This is also the coverage you can claim from someone else who was at fault.
- Comprehensive coverage provides compensation if your boat is vandalized, stolen, or damaged in an incident other than a collision.
If your insurance company does not adequately cover your expenses, and you feel that you are entitled to payment from another party, you can file a claim with the other driver’s insurance company for excess medical bills, lost wages, or pain and suffering. If you are not happy with the settlement they offer, you may hire an attorney to represent you in a claim.
As with a car accident, you may also file a wrongful death lawsuit on behalf of a loved one who was killed in a boating accident.
If you have any questions regarding boating accidents or need legal assistance for any personal injury or accident law, call the attorneys at Probinsky & Cole.
