Cumming Boat Accident Lawyer
Being in an accident on the water can be a truly stressful and trying experience, and after attending to your medical needs, there may be quite a bit of damage to be compensated for. When facing a boat accident and the recovery that follows, having a Cumming boat accident attorney like Spaulding Injury Law at your back will help support your settlement and take the stress of negotiating with the insurance companies and opposing parties out of your day-to-day life. We can also assist families who lost a loved one in a fatal boat crash in seeking compensation for wrongful death.
Boat Accidents Must be Reported to the Appropriate State Authority
If you have been in a boating accident, according to the U.S. Coast Guard, it is essential, under federal law, that a boating accident report be filed with the appropriate state reporting authority under certain circumstances. The report must be filed if a person died in the accident if a person was injured and required medical attention beyond first aid, if a person disappeared from a vessel under circumstances that might indicate death or injury when a boat is destroyed, or if damage to the vessels and other property totals $2,000, although some states may have a lower threshold for the damage amount.
Whether or not $2,000 (or your state’s minimum amount of damage) was realized will depend upon the factors involved with your specific accident. Speaking with an attorney to help ensure that your report is as accurate and comprehensive as possible is helpful to your case should settlement not work, and a court action is necessary to fully recover upon your damages.
If You’ve Been in a Boat Accident, the Report Must be Timely Filed
After a boating accident, you have forty-eight hours to report the accident if a person has died, and twenty-four hours to report the accident if a person was injured and required medical attention or disappeared. When a person has not died or a reporting of injury or death is not required, then you have ten days to file the report. This information will vary from state to state, and having a local boat accident attorney on your case as soon as possible will help ensure that no deadlines are missed while you are rushing to recover and get back to your daily life following the accident.
Speak with an Attorney Before Ever Admitting Fault
When you have been in any type of accident, whether on the water or on the road, you may be entitled to damages and compensation from the other party. Oftentimes, the way in which compensation is determined will depend upon the at-fault party. Being at fault means that some improper move on your behalf led to the accident, and without that, the accident would not have happened. Some accidents, as the term implies, are simply that – accidents. However, when one party is behind negligently, which means they had a duty, it was breached, there were damages, and the breach caused them, the negligent party may be responsible.
If you are asked to make a statement about fault, it is important to first speak to a Cumming boat accident attorney. While something as simple as admitting that maybe you had something to do with the accident might seem non-impactful, it can have an outcome on your case, your insurance premiums in the future, and the amount of your settlement.
Why Settling with the Opposing Insurance Company Might Not be in Your Best Interests
You may not understand the process of settlement after an accident, and the opposing party, their insurance company, and any lawyer they might have can take advantage of this. The fact of the matter is, the opposing party’s insurance company does not work for you. Insurance companies profit through maximizing the amount of insurance premiums they take in, while minimizing the amount of benefits that are paid out. This strategy might support the profitability of the insurance companies, but it does not ensure that you receive a full recovery.
The first settlement offer provided by the insurance company may seem attractive, and it might cover all of your immediate medical and boat repair expenses. However, the first offers often overlook additional damages and long-term issues, factors that an experienced boat accident attorney in your area can help advise you on.
Common Causes of Boat Accidents
Boat accidents tend to be as terrifying as they are dangerous, and while no two boat accidents are ever exactly alike, the root causes of these accidents tend to fall into one of several basic categories. A Cumming boat accident attorney can identify whether negligence caused your boat accident.
Operator Negligence
The person who mans the boat you’re on shoulders an immense responsibility, and any form of negligence on his or her part can prove disastrous. Such negligence can take any of the following forms:
Impairment
Although boats tend to be parties on the water, operators who join in the festivities greatly increase the risk that boat accidents will happen. Alcohol plays far too significant a role in dangerous boat accidents. In fact – according to the U.S. Coast Guard – alcohol was the leading cause of boating fatalities in 2020 and was responsible for a full 18 percent of the total number.
Excess Speed
Excess speed on the water is just as dangerous as it is on the road, and it is also far too common on Georgia’s waterways. The U.S. Coast Guard names speeding a top-five contributing factor in boat accidents. The safety adage of speed kills, in other words, also applies to the water.
Distraction
In order to maneuver a boat safely over the waterway, the operator needs to pay careful attention, which means that distractions must be put away. The water comes with far more unknowns than our highly regulated roadways do, which means that distraction is that much more dangerous behind the wheel of a boat.
Inadequate Boat Maintenance
In order for a boat to be seaworthy – or ready to go out on any body of water – it has to be properly maintained. This includes concerns such as the following:
- Any issues with the engine can cause the boat to become stranded far from shore.
- Any issues related to standing water can lead to rot, which can not only damage the integrity of the vessel but can also become a slipping hazard.
- A boat with lights that don’t work properly can lead to navigation issues and can make the boat more difficult to spot under the cover of darkness.
- A boat that is not kept watertight makes sinking a real possibility.
Lack of Necessary Safety Equipment
Without the appropriate safety equipment, even a relatively minor accident or issue on the water can become a life-threatening concern. Consider all the following:
- The boat you’re on should have a life jacket that is approved by the Coast Guard, and that is the correct size for every person on board. On boats that are over 16 feet, a throwable flotation device is also required.
- The boat you’re on should have a way to signal for help – such as with a radio and flares – in the event that it is needed
- The boat you’re on should have the necessary Coast Guard-approved marine variety fire extinguishers on board. Boat engines and their fuel systems create a fire risk that must be taken into account.
Marine Accident Reports are Publicly Available and Can Help Your Case
Understanding the role of fault in the process of settling or disputing a boat accident is important, and accident reports can help. According to the National Transportation Safety Board (NTSB), the agency issues an accident report following their investigation after the initial report has been filed. This report may contain important evidence that can help your case. Knowing how to access and interpret the report can make all the difference for your case and the outcome than you realize. The reports are listed on the NTSB’s website, and knowing how to find the report, navigate its contents, and understand how they apply to a particular case is something that comes through time and experience, something that a Cumming boat accident attorney has earned through years of legal practice.
While recovering after an accident can be quite difficult and time-consuming, the process of recovering your damages does not have to be. Contacting a boat accident attorney as soon as possible after the accident will help you line up the support and advocacy you need to recover as well as possible on your case while having the time you need to get your affairs in order after the accident and begin to resume your everyday life.
Connect with a Cumming Boat Accident Attorney at Spaulding Injury Law Today
To help advocate for your rights and achieve the best outcome on your case, connecting with an attorney as soon as possible after your accident will best support your recovery. Whether negotiating with the other boat driver or their insurance company, an experienced Cumming boat accident attorney knows how to best position your case for success.
The attorneys at Spaulding Injury Law are ready to help, so contact us to schedule a free consultation today.
Spaulding Injury Law Cumming Personal Injury Lawyers is located at 5860 Bond St, Cumming, GA 30040, United States
