Who caused the accident?
The question of who is to blame for a boating accident can be much more complex than in an automobile accident, sometimes because special "maritime law” applies. In many cases, several people, including several boat operators, will share some of the responsibility for acting in a negligent or reckless manner. In these cases, each person could be made to pay damages based on their level of fault, as determined in court by the judge and jury.
What damages arise from boating accidents?
"Damages” are sums of money paid to injured victims to compensate for harm caused in an accident. In boating accidents, those responsible for causing the accident can be made to pay for past and future medical treatment expenses, past and future wage loss and earning capacity, pain and suffering, and property damage. If a family member is killed in a boating accident, the spouse and children have the right to sue for the wrongful death of their loved one. Wrongful death damages include the value of the lost future earnings and support of the deceased. If the conduct causing the injury was intentional or malicious, additional punitive damages could be awarded, to punish the wrongdoer.
How is the accident investigated?
A full investigation of a boating accident is crucial to any legal case, but investigating the facts can be very difficult when an accident has taken place on the water. Simply stated, boats don’t leave skid marks! Conditions on the water are constantly changing, due to currents, winds, tides, or floating hazards. Critical evidence can just "float away,” and the "scene” of the accident cannot be observed or photographed accurately. At KCR, we know the importance of prompt, professional investigation and boating accident reconstruction, which can make the difference in being able to identify the causes of the accident and the person responsible for the accident.
Is there insurance coverage?
Different types of liability insurance may be available to cover boating accident personal injury and property damage, including boat or marine insurance and homeowners insurance policies. Other insurance may be available if the accident was caused by a dangerous condition at a business such as a marina or dock, or because of the negligence of a government agency at a park or public waterway. The experienced attorneys of KCR will investigate all sources of insurance coverage for boating accidents.
If you or a loved one has been injured in a boating accident or water sports accident, fill out and submit the contact form on this page for a free and confidential case evaluation or call us toll-free at (888) 285-3333.