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People living the lifestyles of the rich and famous have the luxury of sailing the seas on board their own boats or yachts. However, there are also great dangers that come with this activity as you can end up in a boating accident. Essentially, boating accidents happen when a boat (a motorboat, a kayak or canoe, pontoon boat, sail boat, jet ski, and the others) gets involved in an event that causes harm. This could be in the form of property damage, the total loss of the vessel, injury or death of those onboard the boat. Boating accident statistics In a report compiled by the United States Coast Guard, around 5,191 accidents have been recorded in 2007 alone. Because of these accidents, 685 people were killed, while 3,673 people were injured. The most common kinds of boating accidents recorded at the following: • Collision with another vessel • Collision with a fixed or submerged object • Collision with a floating object • Accidents involving a skier or a person on a towable object • Accidents involving a person falling overboard the vessel • Capsizing of the vessel • Grounding, sinking, flowing or swamping • Fire or explosion, and • Carbon monoxide poisoning Causes of boating accidents According to the authorities, in most, if not all of the cases they have encountered, negligence is one of the most common factors as to why these accidents happen. The US Coast Guard said that operator error, hull or equipment failure, and the environment are among the leading causes of boating accidents. Inattention, the lack of training in boat operation and safety, inexperience, violations of rules, the improper loading of passengers and gear, and alcohol or drug use are some examples of operator errors. There are some cases though where there has been perceived failure of the boats’ hull, equipment, or machinery that caused the boating accident. Also, the environment plays a huge factor as to why these accidents happen. Congested or hazardous waters, bad weather, presence of big wave or wakes as well as dams or locks can also cause the accident to happen. Boating accident laws When the element of negligence plays a factor as to why the mishap happened, the law dictates that the negligent part, which in effect is responsible for why the accident happened should provide compensation to the victims. For one party to be considered responsible for such accident, the victims must be able to prove the following: • The carelessness of the negligent party is the real cause of the accident • The victim was caused harm, and • The negligent party should be responsible for compensation To prove that harm was done to the victims, they must be able to prove that the injuries are directly linked to the accident these includes the following: • Drowning • Hypothermia • Abrasions, contusions, lacerations • Truma • Broken bones • Spinal cord injuries • Amputation • Burns • Electrocution, and/or • Carbon monoxide poisoning The following are some of the main factors to prove negligence and win a personal injury case: • Successful filing of a Boating Accident Report (BAR). According to federal regulations, a BAR must be filed within 48 hours when someone dies, disappears from a vessel, or is seriously injured. As for lost vessels or damages that exceed $2,000, a BAR must be filed within 10 days. However, regulations do vary by state. • Gather the names and contact information of eyewitnesses to the accident that are willing to testify for you. • Gather photographs for injuries that were caused by the accident • Documentation of the things you remember when the accident happened. The need for a good boating accident lawyer As proving one’s guilt over a boating accident is quite complicated, not every person would be able to fully understand these laws and regulations. That is why you will need to hire an expert attorney to help you file your claims and represent you in court. A lawyer would be able to help you do the following: • Have your expenses spent because of the boating accident reimbursed. Because of the mishap, a victim can suffer financial losses brought about by medical expenses, property damage, psychological trauma, lost opportunities, and lost income. • Expedite the settlement of a claim from an insurance company. • Deal with an insurance company that denies the fault of the negligent party. • The negligent party does not have insurance Certainly, any kind of accident is such a difficult experience to deal with. That is why more than the help your family, you need all the support you can get to overcome this great setback. In times like these a competent and expert lawyer could help make your legal woes gone. About The Author Clarence Brown is a writer with five years of experience under his belt. He has written hundreds of articles of different niches including personal injury, car accidents, travel, and health. Aside from writing, he is also passionate about traveling and biking.
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