Are you planning to go out on a boat ride anytime soon? If so, you need to be aware that despite boating being among the most relaxing activities there are, dangers still persist – whether in the water or on the boat itself.
No one is ever truly immune from becoming a victim of a boat accident. And if you ever find yourself in a similar situation, then this article is just for you! Read on to know more about liability in boat accidents and who is responsible for compensation.
What is Liability in Boat Accidents?
Liability refers to legal responsibility or obligation. Regarding boat accidents, it relates to who is responsible for any damages or injuries caused during the incident. This could be due to negligence by any party involved, including but not limited to operators, owners, manufacturers, or passengers.
Determining Liability in Boat Accidents
Liability in boat accidents can be determined using various factors such as:
- Operating Under Influence (OUI): Just like driving under the influence (DUI), using a motorized vessel under the influence (OUI) might lead to boating accidents, which may result in severe consequences, including death.
- Improper Maintenance: It’s important to maintain a boat. A poorly maintained vessel could lead to equipment malfunctions like engine failure, which may cause an accident.
- Speeding: Exceeding speed limits increases the likelihood of collision with other vessels or objects, such as rocks or buoys.
- Reckless Operation: Those causing extreme wake while doing donuts always pose high risks to victims who are out enjoying their watersports.
Who is Responsible for Compensation?
The party that primarily caused the accident determines who bears financial responsibility for damages incurred by victims, including bodily injury/death and property damage. While the responsible party might consist of several people at once, depending on each situation’s complexity, here are some parties that might be held accountable according to different types of problems:
- Operators/Owners: Boat operators and owners have the legal duty to consider others on the water and ensure precautions are taken in emergencies. Failure to do this could make them liable for any injuries caused due to negligence.
- Manufacturers: At times, accidents may occur due to faulty equipment manufacturing or design, thus allowing the manufacturer or dealer responsible for distribution/retail sales more significant liability than other parties mentioned above.
- Passengers: Under certain circumstances, such as the operator being incapable of operating due to intoxication, passengers who took control during an emergency might attract some degree of responsibility/fault that impacted accident happenings and resulting injuries.
What Happens In The Aftermath?
In most cases, an investigation will take place after a boat accident. Depending upon requirements by local law enforcement or coast guard units, they may also be summoned to the location to investigate incidents. This investigation is conducted so that any criminal activity leading up to a boating mishap can be addressed in court proceedings should they arise, including felonious negligent homicide cases.
Compensation for Boat Accident Victims
Boat accidents may cause substantial bodily injury or property damage. Laws exist specifying how compensation will be paid in these situations:
- Insurance Coverage: Coverage often begins with the operator’s liability insurance. The policy takes care of individuals injured while participating in water sports and readily covers damages their boats might cause during operation.
- Legal Litigation Process: If you find yourself involved in a boating mishap severe enough and not covered by responsible parties’ insurance (or that which was insufficient), it may become necessary for lawyers and legal litigation processes aimed at obtaining compensation through trials underway against someone whose public accountability indisputably created their harm/damages had occurred from boat accidents.
Be cautious when out on your next excursion, wearing your best-floating devices while observing all safety guidelines designed to guarantee everyone’s protection!
