Boat Accident Liability: Who’s At fault for My Boating Accident?
Nobody wants to think about a boating accident when they head out on the water but the reality is that they do happen sometimes. According to data shared on quicknav.com, there are over 5,000 boating accidents in the U.S. every year, causing $62.5 million in damages. Lack of boating safety education accounts for 77 percent of fatal boat accidents.
Determining boat accident liability and getting a boat accident settlement can be tricky, especially if the negligent party doesn’t have boat insurance – which is more common than you would think. As boat accident lawyers, we look out for our injured clients and help them get the settlement they deserve.
Boat Accident Liability: Who’s At fault for My Boating Accident?
If you were involved in a boating accident and suffered losses such as property damage and personal injuries, you will need to show that the other party’s negligence was the cause of or at least the partial cause of the accident if you want to collect a settlement from them. A boating accident lawyer is best suited to helping you determine who was at fault.
Here is some information you should know if you’re wondering who’s at fault for your boating accident:
Determining fault can be a challenge, but most of the time the at-fault party is the boat owner/operator or the manufacturer of the vessel.
Personal injury claim:
If another boat crashed into yours and it can be proved that the boat owner was operating the vessel in an unsafe or reckless manner (such as boating under the influence), and that was the cause of the accident, then that person will most likely be financially liable for damages. In the best-case scenario, that person would have boat insurance that would cover your settlement. Unfortunately, it can be complicated to recover a settlement from the at-fault party in a boating accident because so many people don’t carry boat insurance (it is not legally required in the State of Washington). Read our blog post about your options for recovering a settlement when the at-fault party doesn’t have boat insurance.
Product liability claim:
In some cases, boating accidents are caused by manufacturing defects such as poorly designed or assembled engines or propellers. When a boat accident attorney can prove that a vessel malfunction or flaw in the boating equipment or parts was the cause of the accident, then the manufacturer of the defective component may be liable.
Can I still recover a boat accident settlement if I am partially at fault?
Yes, Washington State is a comparative fault state, which means that fault can be shared in a personal injury case. You may be awarded damages proportionate to the percentage of fault contributed by the defendant and nothing for the amount of fault that you contributed.
If you believe that you were partially responsible for a boat accident, do not admit to this at the scene of the accident or to the other party’s insurance company. The best thing you can do is hire an experienced boat accident lawyer who can determine the best path to getting you a fair settlement.
How long do I have to file a boating accident claim?
Boating accident claims are a type of personal injury claim or product liability claim. In Washington State, most personal injury claims and product liability claims have a three-year statute of limitations. Ideally, you should contact an injury lawyer as soon as possible after your accident so they can guide you through the claims process and gather evidence when everything is fresh and there is plenty of time to spare but generally speaking, injured parties have three years from the date of the accident to file a claim.
Should I hire a boat accident lawyer for my case?
In general, it is a good idea to hire a lawyer for any personal injury claim but it is especially wise to do so for a boating accident because it is so common for the other party not to have boat insurance. A boat accident attorney will give you your best chance of recovering a fair settlement because they will exhaust all avenues and negotiate on your behalf.
Seek the help of a boating accident lawyer
If you or a loved one was injured in a collision because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced boating accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
