What Are the Legal Implications of Boat Accidents?
Justice and compensation are the two biggest legal implications of boat accidents. However, as outlined below, justice and compensation often involve a complex legal process. These legal implications kick in if a principal party, usually the boat operator or owner, was negligent.
Quite simply, justice means holding persons or entities responsible for the mistakes they make. We all make mistakes, and we must all pay the consequences of those mistakes. Compensation in a boat accident claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. A Carlsbad personal injury lawyer can obtain additional punitive damages in these matters as well.
Determining First-Party Liability
Onboard falls, “man overboard” falls, and collisions are the most common kinds of boat accidents in California. All three of these kinds of accidents usually meet the criteria for negligence, meaning that substantial compensation is available.
- Duty: Most boat operators have a duty of reasonable care. This legal responsibility begins when the boat is at the pier. Operators must clear safety hazards and ensure proper safety equipment is available. Then, while boating, they must avoid accidents when possible. Finally, they must ensure that passengers safely disembark.
- Breach: Operators breach their pre-departure duty when they’re impaired or they fail to conduct proper safety inspections and follow-ups. Aggressive boating, such as speeding and turning unsafely, also violates the duty of care. The arrival duty is much like the pre-departure duty.
- Cause: A Carlsbad personal injury lawyer must establish a relationship between the breach and the damages. Usually, the breach must substantially cause the damages. Bad weather often contributes to boat accidents. But in most cases, operator error, at some point, causes these accidents.
- Damages: Even a seemingly minor injury, like a bump on the head, could be a serious problem. Many people have pre-existing medical conditions that increase the risk and/or severity of serious injury. The “damage” could also be an intangible injury, such as extreme anxiety or emotional distress.
Most personal injury cases settle out of court. But before meaningful settlement negotiations can begin, a Carlsbad personal injury lawyer must diligently build a strong case from the ground up, so a lawyer negotiates from a position of strength.
Establishing Third-Party Liability
Vicarious liability, usually negligent entrustment owner liability, is very common in boat accident cases. If a third party is financially responsible for compensation, the victim taps into another source of recovery. That’s important because most boat renters have little or no insurance.
Usually, the negligent entrustment rule applies if owners knowingly allow incompetent operators to use their land or sea vehicles, and the incompetent owner substantially causes a crash or other damages.
Evidence of incompetence includes inexperience operating a boat. Most first-time boat owners have never set foot on boats before. As a result, they erroneously assume that driving a boat is like driving a car. That assumption hurts and kills people.
Vicarious liability often delays the settlement process. Usually, out-of-state holding companies own recreational boats and other vehicles.
Reach Out to a Thorough San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
