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Boating Accident Claims: What You Need to Know

April 29, 2022

Boating is a pleasurable activity for most people. Almost nothing beats the beautiful views on the boat, the calming sea breeze, and the many ways you can play in the water. If you live in areas like Northern California, where boats are easily accessible, you have likely gone boating several times. However, as fun as boating is, you always have a degree of risk involved in the activity.

The COVID-19 restrictions yielded an increase in boating activities as people sought recreational activities to ease the tension. Unfortunately, as boating activities increased, so did the accidents. If you or a loved one was a victim of a boating accident resulting from negligence, this article is for you.

Understand what legal action to take after a boating accident to get the compensation you deserve.

Who Qualifies for Compensation for a Boating Accident?

Anyone who is a victim of a boating accident because of a negligent party can claim compensation for injuries from the accident. The family members of a boating accident victim may also claim compensation. However, you must have proof of fault to get compensation from the accused party.

Negligent parties from whom you can claim compensation for a boating accident include the following.

A Rental Boat Company

A rental boat company might be liable for a boating accident if they rented out a boat to people under 18 or people who were intoxicated. Liability also applies if a company knowingly rented you an undersized boat or one that was unsafe for use.

A Boat Owner or Operator

If involved in an accident with another boat owner, you may claim compensation from the responsible party. California laws require anyone carrying a passenger to exercise the highest form of care. Thus, a passenger involved in an accident may claim compensation from the party operating the boat when the accident occurred if they were negligent.

If an accident was a result of boat failure from a lack of maintenance or unavailable safety equipment, you might hold the boat owner liable.

A Boat Manufacturer

If a defect on the boat caused an accident, you might claim compensation from the vessel's manufacturer. However, your claim is only valid if you can prove the manufacturer never informed you of the defect.

What Are the Steps for Claiming Compensation After a Boating Accident?

After identifying the negligent party in an accident, you can begin the compensation claim process. Follow the steps below to claim compensation for a boating accident successfully.

Know What You Can Claim

Understand what the negligent party owes you to maximize your compensation. Damages you could claim for a boat accident include:

Pain and suffering
Medical treatment expenses
Property damage
Income loss
Loss of earning capacity

Gather Relevant Documentation

Evidence is essential when filing a compensation claim, and any documents relating to your case can serve as evidence. If you got injured in the accident, ensure you present all your treatment records.

Receipts showing the medical fees, boat repair costs, and property repair costs you incurred due to the accident also come in handy when claiming compensation. Witness statements are also vital.

Why Hire a Personal Injury Attorney?

Maritime and state laws are complex to navigate. Thus, have a knowledgeable person assisting you in your compensation case. An experienced personal injury lawyer in Northern California is familiar with boating laws. Thus, they can help you find proof of negligence and help you prepare evidence for your claim.

Attorneys are excellent negotiators. Therefore, you can be confident your attorney will ensure you can often get a sizeable settlement. Your attorney can also talk with your insurance provider and get you compensation for all covered damages.

If you are a victim of another person's negligence, you deserve justice, and we want to help. Contact us today for legal representation on your personal injury case.

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