Summer is here and that means boating season in the Pacific Northwest! While spending time on the water can be a truly magical experience, boating accidents can have devastating consequences. According to the U.S. Coast Guard, hundreds of people lose their lives in recreational boating accidents across the United States each year.
When a loved one is killed in an unexpected boating accident, families are left grieving while also facing financial uncertainty. Understanding your legal rights can be an important step toward seeking accountability and justice. If your loved one was killed in a boating accident due to the negligence of another, contact a local boating accident attorney for a free consultation.
Common Causes of Wrongful Death Boating Accidents
Most boating accidents happen due to a collision with another ship, a large wave hitting the boat, or the boat hitting a submerged object, rock, or land. In many cases, these accidents are preventable and occur because a boat operator, owner, rental company, or another party acted negligently or failed to follow basic boating safety rules.
Examples of negligent behavior that can contribute to a fatal boating accident include:
- Operating a boat while under the influence of alcohol or drugs
- Traveling at excessive speeds for water, weather, or traffic conditions
- Failing to maintain a proper lookout for other vessels, swimmers, or hazards
- Ignoring navigation rules or right-of-way requirements
- Operating a boat in dangerous weather or rough water conditions
- Distracted boating, including using a phone or other electronic devices while operating the vessel
- Overloading a boat with too many passengers or too much cargo
- Failing to provide or maintain required safety equipment, such as life jackets
- Inadequate boat maintenance resulting in mechanical failure
- Allowing an inexperienced or unqualified person to operate the vessel
When negligence contributes to a fatal boating accident, surviving family members may have the right to pursue a wrongful death claim against the responsible party.
How a Boating Accident Attorney Can Help
If your loved one was killed in a boating accident due to the negligent or reckless behavior of another person, a local boating accident attorney can help you navigate a wrongful death claim.
- Your attorney can communicate with insurance companies, negotiate a fair settlement, and, if necessary, take the case to court to pursue the compensation your family deserves.
- A boating accident attorney will identify all liable parties.
- An attorney can identify and calculate all available damages, including funeral and burial expenses, medical costs incurred before death, lost financial support, and the loss of companionship, guidance, and services provided by the deceased.
- An attorney can collect accident reports, witness statements, maintenance records, photographs, electronic navigation data, and other evidence needed to establish how the accident occurred and who was responsible.
- A wrongful death attorney knows how to push back against common defense tactics. For example, the defense may try to argue that weather conditions, such as rough waves, high winds, or storms, caused the accident instead of their client’s negligence.
- Boating accident cases may require input from marine safety experts, accident reconstruction specialists, medical professionals, or economists to help prove liability and document the full impact of the loss. Boating accident attorneys have access to these experts.
Who Can File a Wrongful Death Lawsuit in Washington State?
Every state, including Washington, has wrongful death laws to compensate family members who suffer the wrongful death of a loved one. In Washington State, “Wrongful Death” and “Survival of Actions” statutes define the permitted actions and permitted beneficiaries for claims on behalf of the aggrieved family and loved ones. The action is brought by the “personal representative” of the decedent’s estate (also known as the executor). Along with the family, the personal representative is entrusted to hire a wrongful death lawyer on behalf of the estate. A personal representative has a legal responsibility to be honest, loyal, and act in good faith while acting in the best interests of the estate’s beneficiaries.
Typically, a surviving spouse, registered domestic partner, or children are the primary beneficiaries of a wrongful death claim. If no immediate family members are available or willing to serve, the court may appoint another qualified person, such as a parent or sibling, to act as the personal representative.
Seek the Help of a Wrongful Death Attorney
If you lost a loved one due to the reckless or negligent behavior of another, you have enough to deal with. Let an experienced wrongful death attorney fight for justice on your behalf. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a wrongful death lawyer. Call the most experienced practicing wrongful death attorneys Bellingham has at Tario & Associates, P.S. today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
