According to information from the US Coast Guard, over 4000 people are killed or injured in boating accidents every year. These accidents lead to thousands of insurance claims, and if someone is hurt in a boat accident, they may want to recover for lost wages, medical bills, prescription medicines, pain and suffering. In this guide is a discussion of common injuries, fault, insurance issues and a description of when victims need a marine lawyer.
Common Accidents
Boating accidents happen for a variety of reasons, such as those listed below.
- Collisions with other watercraft
- Impacts with buoys, sandbars and docks
- Poor anchoring
- Fire
- Hull damage
- Falls overboard
- Intoxication
- Operator recklessness
- Distraction
Other accidents occur due to operation in inclement weather. When boat operators ignore weather warnings, they put passengers in danger. Overloading is another problem, as weight can suddenly shift, causing exposed objects to injure passengers.
Injuries
Some injuries are quite common in boating accidents. When passengers swim too close to a boat’s propeller or drive shaft, they can suffer bruises, cuts, scrapes and even limb amputations. Spinal compression, skull fractures and broken bones are also common, as are hyperthermia and drowning.
Liability
A boat operator is responsible for passengers’ welfare and health. The operator’s failure to fulfill his or her duty of care makes them negligent. When a person is hurt in a boat accident, the law requires the victim to prove that the operator’s negligence caused the accident and resulting injuries. A marine lawyer can help a victim gather the evidence necessary to meet the burden of proof.
Insurance
Some people buy umbrella policies, which cover injuries to boat passengers. However, most of these policies only offer coverage if the event happens on the insured person’s property. Many boat owners buy auto liability riders that cover boating injuries, but they offer limited coverage. Therefore, a careful operator should carry a separate liability policy that covers themselves, passengers and other possible victims.
Does a Victim Need a Marine Attorney?
The answer depends on the situation. If the victim’s injuries are minor, they can likely handle their own insurance claim. However, if the injuries are serious, such as burns, broken bones, spinal injuries and amputations, the victim should hire a lawyer.
