Boating Accidents & Injury
Your ability to recover compensation will be dictated by state boating laws, general maritime law, the unseaworthiness doctrine, or the Death on the High Seas Act. The body of water where the accident occurred will affect which law applies.
Under RCW 79A.60.030, a penalty applies if a boater operates a vessel in a negligent manner. Operating a boat negligently means that the boater operates the vessel without considering careful and prudent operation or the conditions existing on the water.
Conditions to which a boater should pay attention include the size of the body of water, effect of a vessel’s wake, the nature of the water traffic, and whether the boater’s view is unobstructed. A boating accident attorney can evaluate you case by investigating the circumstances of the accident.
Negligence
The duty of care can be breached by illegally operating a boat, reckless operation of a jet ski, speeding, operating a boat under the influence of drugs or alcohol or taking a sharp turn too swiftly in the water. If, for example, a boater under the influence of alcohol travels into an area reserved for swimmers and strikes you while you are swimming there, you may have a basis for recovering damages for the traumatic brain injury you sustained.
If liability for a boating accident in which you were injured is successfully established, you may be able to recover both economic and noneconomic losses arising out of the accident. These can include lost income, medical bills, mental anguish, pain and suffering, loss of enjoyment and loss of consortium. A boating accident attorney can review the injuries you sustained to determine the full amount and nature of the damages that should be sought in your case.
Wrongful Death
Boating accidents can result in fatalities. Under RCW 4.20.010, when someone’s death is caused by another’s wrongful act, neglect or default, his or her personal representative can maintain an action for damages against the person who caused the death. The purpose of the lawsuit is to recover economic and noneconomic losses sustained by beneficiaries of the decedent, such as a spouse and child. You can bring a civil wrongful death lawsuit even if the matter is also being prosecuted in criminal court.
Federal maritime law will apply to deaths on the high seas. Families and dependents of decedents who die due to negligence or unseaworthiness in a location more than three nautical miles from the shores of the United States may be able to recover damages under the Death on the High Seas Act.
If you or someone you know has been injured, we are here to help.
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