Boating accidents can present more dangers than motor vehicle accidents for the individuals involved because they happen on the water. If you were involved in a severe boat crash, you might be struggling to recover from your injuries and rebuild your financials following your losses.
If you or a close loved one sustains severe injuries from a boat operator’s negligent actions, a personal injury lawyer based in Fort Wayne, IN could help you seek compensation from the liable parties. An experienced Fort Wayne boat accident lawyer could work with you to investigate your claim to understand the significance of damage to you and your family.
Common Examples of Negligent Boating
When operating a boat, an individual must act carefully and reasonably in a manner that does not put another individual’s life or property in danger. Furthermore, a boat operator must not interfere with other individuals’ use of the state’s public waterways. Some common examples of unreasonable conduct while operating a boat include:
• Operating a boat at a high speed
• Attempting to weave through a congested waterway
• Operating a vessel with excess capacity
• Cutting in front of other boats or watercrafts
• Failing to carefully operate a boat at night or early in the morning
• Driving directly at another boat or individual in the water
Another common example of dangerous conduct is operating a boat while under the influence of drugs or alcohol. The amount of alcohol, drugs, or controlled substances required to be considered intoxicated under state law is the same as when operating a motor vehicle. For instance, a blood-alcohol level of 0.08 percent could be considered operating a motorboat while intoxicated, according to Indiana Code § 35-46-9-6.
Although a blood-alcohol level below 0.08 percent might not lead to a criminal charge, it could still be evidence of negligence by the responsible party. Whenever a party loses normal control of their functions, a severe boating accident could occur. A seasoned Fort Wayne attorney could investigate the watercraft accident’s circumstances to help determine the cause and potentially liable parties.
Potentially Liable Parties in a Watercraft Crash
For an injured individual to recover compensation in a boating accident, proof of another party’s failure to act carefully and reasonably must be shown. Additionally, the injured party must show that failure to act reasonably caused the watercraft accident and the injuries resulting therefrom. If an individual is able to prove negligence, then it is possible that compensation could be recovered from the at-fault party.
Often, it is obvious that one boat operator was responsible for the accident. However, not all cases are the same, and other parties could be liable for an accident as well, such as the boat owner, the watercraft manufacturer, or the employer of the boat operator. A well-versed Fort Wayne boating crash lawyer could help fight to hold the responsible parties liable for their actions.
What Types of Damages may be Available in a Boat Collision Claim?
Damages in a boat wreck lawsuit are designed to put injured individuals in the position they were in prior to the accident. Under state law, an individual injured in a boat collision might be permitted to recover economic and non-economic damages that resulted from the collision. Common economic damages include medical expenses, past and future lost wages and earnings, and damage to property, such as the boat in the accident.
On the other hand, common non-economic damages include pain and suffering and loss of consortium for a spouse. A dedicated boat collision attorney in Fort Wayne understands the many types of damages available to an injured individual.
Speak with a Fort Wayne Boat Accident Attorney Today
There are several bodies of water in the state that visitors from all over the country come to enjoy. For that reason, boating is a popular activity in the state. However, the laws associated with operating boats and other water vessels are not fully understood by many drivers. A knowledgeable Fort Wayne boat accident lawyer could help fight for your legal rights following another party’s negligent actions. Call today to discuss your personal injury claim.
