Monday, December 29, 2014

What Are The Main Causes of Boat Injuries?

One of the factors that make Florida such an enjoyable state to live and visit is the miles and miles of coastline and the mild climate. For these reasons, many people regularly visit the coast to swim and participate in various water-related activities whenever possible. One of the most popular water-based activities is boating or riding smaller watercraft. While boating can provide a day of fun for the whole family, anyone on a boat or swimming around boats is also at risk of serious injury. While many boating accidents may be simply that—an accident—others occur due to negligent acts or omissions on the part of other parties. In these situations, victims that suffer injury have the legal right to recover by filing a personal injury claim.

Negligence that leads to boating accidents
Following an injury in a boat accident, your first step should always be whether to determine if negligence played a role in causing the accident. Negligence has certain legal elements that must be demonstrated in court, and an experienced personal injury lawyer can assist you in identifying any negligent acts and negligent parties who may be held liable in your boat accident.

Some common acts of negligence that may cause boating accidents and injuries include:

·         Boating under the influence of alcohol or drugs (BUI)1
·         Distracted driving
·         Failure to inspect and/or maintain a boat
·         Not adjusting boating speed for water or weather conditions
·         Not having proper safety equipment
·         Not properly yielding for other boats
·         Not following the rules of the water
·         Defects in the manufacture of the boat
·         Defects in boating equipment
·         Not watching for swimmers
·         Unsafe behaviors in water sports
·         Failing to observe “no wake” zones

At times, determining the exact cause of a boating accident may be challenging. For example, if another boat driver is distracted and causes a collision, chances that the driver will admit to his negligence and responsibility are slim. Therefore, investigation into the circumstances surrounding the boat accident is often required. In many instances, accident reconstruction by experts may be necessary to identify negligence.

Boat drivers are not the only ones who may be responsible for a boat accident. For instance, a boat manufacturer may be held liable for selling a boat with defects that led to an accident. Additionally, a government entity or private marina may be liable for not properly posting signs for shallow waters or other potential hazards.

What damages are available in a Florida boat accident case?
The monetary award that injured victims can receive from negligent parties is called “damages.2 Damages may cover many different types of losses, including measurable financial losses as well as intangible losses. The type of damages available in your case will depend on many different factors, including the type and severity of injuries you suffered and how those injuries affected your life. Generally speaking, damages available in personal injury cases include the following:

·         Expenses for all medical treatments, including emergency care, hospital stays, surgery, medication, medical equipment, doctor and specialist visits, rehabilitative therapy, home health care, and more.
·         Lost wages and benefits for time missed from work.
·         Physical pain and suffering.
·         Emotional trauma.
·         Permanent disability or disfigurement.
·         Loss of enjoyment or quality of life.

Whether you suffered minor or severe injuries in your boating accident, you deserve full compensation for all of your injury-related losses from any negligent parties. At the Dolman Law Group, our personal injury attorneys are highly experienced in cases involving boat accidents and other types of common accidents in Florida. We offer free consultations, so please do not hesitate to call our Clearwater office today at 727-451-6900 for help today.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
(727) 451-6900

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