Boating Accidents, Who’s Liable?

Accidents in the water may lead to litigation if the person survives after sustaining an injury on a small vessel, and then it is vital to understand who the liable party is for the damages incurred during the incident. These situations may require a thorough investigation to determine the at-fault party and which person or company owes compensation to the victim. boating accidents arizona

A Boating Accident

In most situations, the pilot of a boat is the at-fault party. If he or she is drinking, consuming drugs or reckless, the boat could crash or cause an accident that injures a passenger. The driver then could face criminal charges for the boating under the influence or BUI and a possible civil claim for damages with the injured party. There are additional factors that can affect these situations such as insurance, death, intentional harm and if the driver travels to international or Maritime waters. These other factors could affect the claim and possible compensation available.

The Issue of Insurance

When the owner of the boat has insurance, it may or may not cover the damages incurred. Without insurance, assets and money, the driver cannot pay the injured party back for the damage caused. However, the driver must have boater’s insurance for a claim to have a valid case to pursue. Some might have policies with homeowner’s insurance that could partially cover these incidents. However, even a boating insurance policy may only cover some of the damages. The injured party could have a suit against the boating insurance carrier, but he or she usually does not have this possibility with homeowner’s insurance carriers.

Negligence in the Boating Accident

Sometimes, the boating accident is not the fault of the driver. It is important to understand the rules of negligence and who is truly at fault. As with any accident, the injured party will need to have a lawyer investigate the matter fully. A manufacturer, a defective product or even the company that sold the boat may retain responsibility in the accident. A defective part could have played a significant role in contributing to the accident. A manufacturer may not have built the machine correctly which caused it to break down or even flip in the water. The seller may know about something inside the boat that is not working properly. Negligence is key in building a case against the liable party.

If you been involved in boating accident Arizona contact the law office of the AZ Hometown Lawyers (602) 495-1005.



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