When the weather is nice, and the sun starts shining, many people begin going outdoors and going on the waterways in this area. The Virginia Beach area has many waterways, providing people with the opportunity for boating, jet skiing, and water skiing. Unfortunately, sometimes people get hurt. In these situations, a boat accident lawyer can help.

So, what are your rights in a boat accident? Well, the good news is that just like when you’re injured in a car accident, you may be able to recover damages from boating insurance if you’re injured in a boating accident. The process is similar. If you have been the victim of an injury in a boating, water skiing, or jet skiing accident, call Shapiro, Washburn & Sharp at 833-997-1774 for a free consultation and to explore your options.

What Types of Boat Accidents Can Lead to a Claim?

Boat accidents can occur in many different ways, and several types of accidents may lead to a claim. Some of the most common boat accidents include:

  • Collisions with other vessels: These can occur due to poor navigation, operator error, or failure to follow boating rules. Collisions may happen between two boats or with stationary objects like piers or rocks.
  • Capsizing: This happens when a boat overturns, which can be caused by rough water, improper loading, or even mechanical failure.
  • Falls overboard: Passengers or crew members may fall overboard due to rough waves, slippery surfaces, or sudden boat movements. This is particularly common when the boat is moving at high speeds or when people are not following safety precautions.
  • Boating under the influence (BUI): Just like driving under the influence (DUI) of alcohol or drugs, operating a boat under the influence is illegal and can result in serious accidents. Boat operators impaired by alcohol or drugs may cause accidents leading to injuries or fatalities.
  • Injury from defective boat parts or equipment: Faulty equipment or mechanical failure can cause accidents, such as engine failure or malfunctioning steering, leading to crashes or loss of control.
  • Weather-related accidents: Poor weather conditions, such as sudden storms or strong winds, can contribute to boat accidents. In some cases, operators may be caught in dangerous conditions without proper preparation.

If you’ve been involved in any of these types of boat accidents and sustained injuries or property damage, you may be eligible to file a boat accident claim.

What Can I Claim for in a Boat Accident Case?

When filing a boat accident claim, you can typically seek compensation for several types of losses, including:

  • Medical expenses: This includes costs for emergency care, hospitalization, surgery, medications, rehabilitation, and ongoing medical treatment related to injuries sustained in the accident.
  • Lost wages: If your injuries prevent you from working, you can claim compensation for the income you lose during your recovery. This can include both current and future lost wages if you are unable to return to your job due to long-term injuries.
  • Pain and suffering: You may be entitled to compensation for the physical and emotional pain and suffering caused by your injuries. This can be particularly relevant in severe cases of injury or permanent disability.
  • Property damage: If your boat or other property was damaged in the accident, you can claim compensation for repairs or the cost of replacing the boat or personal property.
  • Funeral and burial expenses: In tragic cases where a boat accident results in the death of a person, the victim’s family may be able to file a wrongful death claim to recover funeral costs, as well as compensation for their loss.
  • Loss of consortium: In some cases, the spouse or family members of the injured party may claim compensation for the loss of companionship, affection, and support due to the injuries.

Who Is Liable in a Boat Accident?

Determining liability in a boat accident depends on the specific circumstances of the incident. Some common parties that may be held liable include:

  • The boat operator: If the operator was negligent or reckless, such as driving under the influence, failing to adhere to safety regulations, or not paying attention while navigating, they could be held liable for the accident.
  • The boat owner: In some cases, the boat owner may be responsible for maintaining the boat and ensuring it is in safe operating condition. If faulty equipment or a lack of maintenance contributed to the accident, the owner may be liable.
  • Other boaters: If the accident involved a collision with another vessel, the other boat operator may be found at fault, especially if they were negligent or failed to follow boating laws.
  • Manufacturers or distributors: If a defective part or piece of equipment caused the accident, the manufacturer or distributor of the equipment could be held liable for the failure.
  • Marinas or dock operators: If the accident occurred at or near a marina or dock due to poorly maintained facilities, hazardous conditions, or failure to follow safety guidelines, the facility owner or operator may be held responsible.

The process of determining liability can be complex, especially in cases where multiple parties are involved. An experienced personal injury lawyer experienced in boat accidents can help investigate the circumstances of the accident and determine who is at fault.

How Do I File a Boat Accident Claim?

Filing a boat accident claim generally follows a process similar to filing a claim for any personal injury or property damage:

  • Seek medical attention: Your health and safety should always be the top priority. Even if injuries seem minor, it’s important to get evaluated by a doctor, as some injuries may not become apparent immediately.
  • Document the scene: If possible, take photographs of the accident, any visible injuries, and property damage. Gather the contact information of any witnesses, as their testimony may be useful later.
  • Report the accident: In many jurisdictions, boat accidents must be reported to law enforcement or the relevant boating authority. Make sure a report is filed and keep a copy.
  • Consult an attorney: A skilled boat accident attorney can guide you through the claims process, help identify potentially liable parties, and work to gather the necessary evidence to support your claim.
  • File the claim: Your attorney will help you file the claim with the relevant insurance companies, including the boat owner’s insurance and any other parties involved. They will also assist in negotiating settlements or taking the case to court if necessary.
  • Negotiations and settlements: Boat accident claims are often settled out of court. Your attorney will negotiate with the insurance companies to ensure you receive fair compensation for your injuries and losses.

Can Your Personal Injury Law Firm Help?

Filing a boat accident claim can be complex, especially when multiple parties are involved. Working with an experienced personal injury lawyer who understands the intricacies of boating law will help maximize your chances of receiving compensation for your injuries and losses.

Selecting the right personal injury lawyer is crucial to the success of your case. At Shapiro, Washburn & Sharp, our motto is “All we do is injury law.” We only represent accident victims, never the at-fault party. Our personal injury attorneys are dedicated to obtaining the best possible outcome for our clients, as evidenced by the more than $100 million in settlements and verdicts we have obtained.

Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.