Boat Accident Lawyer

If you’ve been involved in a boat accident, understanding your legal rights and options is crucial. A boat accident lawyer specializes in representing clients who have suffered injuries or damages resulting from boating incidents. 

At Rosenfeld Injury Lawyers, we have the expertise needed to navigate complex federal maritime laws and advocate for fair compensation on your behalf. With our guidance, you can focus on recovery while ensuring that your interests are effectively represented throughout the legal process. 

Why Choose Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we are committed to securing the highest compensation for clients involved in boat accidents. Our law firm specializes in maritime accident cases and has a proven track record of achieving substantial settlements and verdicts. 

A boat accident attorney from our team will meticulously investigate every aspect of your case to ensure all medical expenses, lost wages, and pain and suffering are fully covered. With our deep expertise in handling boat accident claims, we navigate the complexities effectively and fight vigorously for your rights.

Unique Legal Challenges of Maritime Accidents

A maritime accident often presents unique legal challenges due to the specific laws and regulations that govern activities on navigable waters. Unlike land-based incidents, maritime law—including statutes and case law—plays a crucial role in determining liability and negligence in boating accidents.

• The Jones Act: The primary statute governing many aspects of navigation, which provides rights for injured seamen to sue their employers for negligence while working aboard a vessel. This includes filing maritime claims related to unsafe working conditions or lack of proper training with the help of a Jones Act lawyer.
• Longshore and Harbor Workers’ Compensation Act: In addition to the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA) provides benefits to workers who are injured on navigable waters or in adjoining areas. 

When it comes to liability in maritime accidents, determining fault can be complex, and issues like jurisdiction often complicate these boating accident cases. Working with a boating attorney experienced in maritime law is essential for navigating these complexities effectively if you find yourself involved in an accident at sea or near shorelines.

Types of Boating Accident Cases We Handle

Boating accidents can occur for a variety of reasons, and understanding the different types is essential for safety on the water. Here’s an overview of common boating accidents:

• Collisions with Other Vessels: When boats crash into each other or larger ships, it often results from poor visibility, inattention, or failure to follow navigation rules.
• Capsizing and Overturning: This occurs when a boat tips over due to rough waters or improper loading. It can lead to passengers becoming trapped under the vessel.
• Falling Overboard: Passengers may accidentally fall off boats while they are moving. When someone falls overboard, it poses significant risks if immediate rescue isn’t possible.
• Propeller Accidents: These accidents are caused when someone gets too close to a running motor’s propeller after falling overboard or during docking maneuvers, leading to serious injuries.
• Fires and Explosions: Faulty equipment, fuel leaks, or electrical failures can ignite fires on board that escalate quickly; explosions may result from flammable materials igniting around engines or equipment.
• Groundings and Collisions with Underwater Hazards: Boats may run aground if navigational charts are neglected. Colliding with submerged objects like rocks should always be avoided.

Common Causes of Boating Accidents

Understanding the common causes of boating accidents is essential for preventing these incidents and ensuring safety on the water. Below are common factors that often contribute to boating mishaps:

Operator Error

Inexperience, distracted boating, and boating under the influence are significant contributors to boating accidents. Reckless operation and excessive speed are also major concerns that can lead to personal injuries and wrongful death.

Equipment Failure

Engine malfunctions, electrical issues, and steering problems can lead to dangerous situations on the water. Regular maintenance is crucial to prevent these failures.

Weather Conditions

Rough waters, storms, and fog can dramatically affect boating safety. Boaters should always check weather forecasts and be prepared for sudden changes.

Navigation Errors

Failure to follow the rules of the waterway and navigating through congested areas without caution can result in collisions and other accidents.

Lack of Safety Equipment

Insufficient life jackets, fire extinguishers, and a lack of other proper safety equipment can exacerbate the severity of boating accidents. Ensuring that all safety equipment is onboard and in good condition is vital for a safe boating experience.

Determining Liability in Boating Accidents

Determining liability in boating accidents is crucial for assessing who may be legally responsible for damages and injuries. Understanding the concepts of negligence and shared fault are key to resolving these cases effectively.

Proving Negligence and Legal Responsibility

Negligence refers to a failure to exercise reasonable care, leading to a boat accident injury. Establishing this involves proving the following four elements:

• Duty of Care: Boating operators or parties involved had a legal obligation to operate the boat safely and responsibly.
• Breach of Duty: There was a failure to meet that duty. For example, through inexperience or ignoring safety protocols.
• Causation: The breach directly caused the accident and resulting injuries or damages.
• Damages: The accident caused actual harm – this could be physical injury, emotional distress, or property damage.

Identifying Responsible Parties

Multiple individuals may share responsibility for a boating accident based on their actions. Common responsible parties include:

• Boat Operator: Boating operators are often primarily liable for boating injuries if negligence can be proven against them (operating under the influence or while distracted).
• Owners of the Vessel: In some boating accident cases, the owner may be different from operators, and the owner could be held liable. Owners must ensure vessels comply with safety standards and regulations.
• Manufacturers/Suppliers: If equipment failure contributed to an accident due to defective parts or lack of warnings about hazards, the manufacturer of the boat or its parts could be responsible. 

Shared Fault Scenarios: Comparative Negligence

Comparative negligence is a legal doctrine used to determine how fault for an accident is allocated among the parties involved. Different states may adopt varying approaches:

• Pure Comparative Negligence: Under this system, a claimant can recover damages regardless of their degree of fault. For example, if you are found to be 80% responsible for a boating injury and sustained $100,000 in damages, you could still recover 20% of the damages – $20,000 from the other party.
• Modified Comparative Negligence: In states using this approach, claimants can only recover damages if their level of fault does not exceed 50% or 51% (depending on the state). If you’re found to be more at fault than the legal threshold, you cannot collect any compensation.
• Contributory Negligence: This stricter standard prohibits recovery if the claimant is found to have any degree of fault in the accident, even as little as 1%. If you are determined to be at all responsible for the incident, you would not be able to recover damages from other parties involved.

Types of Injuries in Boat Accidents

Boat accidents can result in a range of serious injuries, many of which have long-term consequences for victims. Some of the most common types of injuries sustained in boating accidents include:

• Head and Traumatic Brain Injuries
• Spinal Cord Injuries
• Drowning and Near-Drowning
• Broken Bones and Fractures
• Lacerations and Amputations
• Burn Injuries
• Hypothermia

The Role of a Boat Accident Lawyer

In the aftermath of recreational boating accidents or any other type of boat crash, hiring a knowledgeable boat accident lawyer is crucial to navigate the complex legal process. 

At Rosenfeld Injury Lawyers, we specialize in various aspects of maritime law and personal injury cases, ensuring that victims receive the compensation they deserve. Below are some ways that our boating accident lawyers can help you after marine accidents:

Investigating the Accident

A thorough investigation is essential in any boat accident case. Our boat accident lawyers work diligently to gather all pertinent information about how the accident occurred. This includes securing witness statements, reviewing accident reports, understanding federal and state laws, and working with maritime experts to reconstruct the events. 

In recreational boating accidents, such as jet ski accidents, understanding the conditions and actions that led to the incident is vital for building a solid legal case.

Determining Liability

One of the primary tasks of boat accident lawyers is to determine liability. Whether the accident involves boat operators, boat owners, or personal watercraft like a jet ski, identifying who is at fault can be complex. 

Our boat accident attorneys evaluate factors such as operator negligence, violations of boating regulations, and the condition of the vessel to establish responsibility. Determining liability is crucial for filing boat injury claims and seeking compensation for boating accident injuries. 

Negotiating or Litigating for Compensation

Once liability is established, our personal injury attorneys will focus on recovering compensation for their clients. This often involves negotiating with insurance companies to cover medical bills, lost wages, and other damages resulting from the boating accident injury. 

If an agreement cannot be reached, our boat accident attorneys are prepared to litigate the case in court. By leveraging their expertise, our personal injury lawyers strive to secure the maximum compensation for victims of boating accidents.

Consulting with a boating accident attorney is a vital step for anyone involved in boat accidents. Whether dealing with minor injuries or more severe outcomes, like head injuries or spinal damage, having a legal team on your side can significantly impact the success of your boating accident claims.

Statute of Limitations for a Boating Accident Claim

The statute of limitations for boating accidents dictates the time frame within which an injured party must file a claim to seek compensation for their injuries. Missing this deadline can result in forfeiting the right to pursue legal action. This deadline varies depending on the state in which boating accidents occur and what type of claim you’re filing.

Contact Our Boating Accident Attorneys Today!

Call us at (888) 424-5757 or complete our online contact form today.