Who Is Liable in a Boating Accident?

A boating accident can cause serious damages and injuries that could affect everyone involved for years. The legal consequences that follow focus on liability and who was responsible in order to determine what happens next. All boat owners should understand liability and the way it changes case to case depending on the circumstances surrounding an accident. The majority of accidents can often be chalked up to negligence on the part of the operator and how they responded to the incident. Take a look at how different scenarios take liability into account and how things change between scenarios. 

Natural Causes and Wakes

Hitting a rough patch of water can lead to rocking and movement that could send passengers out of their seats and injure them. These rough patches can come naturally or as a result of wakes, waves caused by the passing of other boats. Liability, in this case, becomes tricky since there are so many factors involved. When something underwater hits a boat, then it may be assumed that the boat operator is guilty of negligence. 

This leads to negligence claims that aim to show that the operator had improperly prepared for their trip. Liability is a matter of seeing if the operator could have prevented the indecent if they were paying more attention of better prepared. Of course, reckless drivers like those who cause wakes in no-wake zones are more liable than those who follow the rules. Of course, even when following the rules a boat can still be affected by the weather and a lack of visibility. Things that could have placed circumstances out of the boat operators' control. 

Boat on Boat Collision

When another boat is hit, liability often falls to the operators first and from there responsibility is determined. An injured operator can file for a negligence claim as well along with the injured passengers. However, fault needs to be determined, and if the injured party has the majority of responsibility for the accident their claims may be mute. There is also the matter of seeing if both boats followed proper boating etiquette. With rules like sailboats having the right of way ahead of motorboats. 

Maritime Law and the Crew

Lability can also fall to the boat operator when they do not follow maritime law resulting in the injury of their crew. It's an operator's job to make sure both passengers and crew members are kept safe by sticking to regulation. That means: 

• Keeping the boat clean and free on unhygienic factors

• Keeping the boat well maintained and functioning properly. 

• Having all signs and railings secured

• Having all rules and regulations followed accordingly

If a boat operator fails to make sure their boat is running properly, then that makes them liable for a negligence claim from their crew in case of injury, 

Proving or Disproving Liability

In order to make sure it is understood who is liable for an accident, it's important to get in contact with legal representation. Boating accident lawyers can help you understand your rights and show you what your next steps can be. With the right help, it becomes much easier to clearly show who is liable in a boating accident. 

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