Easy access to both saltwater and freshwater recreational activities is one of the main attractions of the Tacoma area. Living in a state with one of the nation’s highest per capita boat ownership rates, many residents enjoy being out on the water. Unfortunately, crowded waters can mean frequent collisions between boats and other watercraft. Injuries from boating mishaps can be catastrophic, even deadly.
If you suffered injuries in a boating accident, you could work with our injury lawyers to claim damages from the negligent parties involved. A Tacoma boat accident lawyer could help you hold the responsible parties accountable for the harm they caused.
According to the US Coast Guard, there are over 4,000 boating accidents per year in the United States, resulting in a few thousand injuries, a few hundred deaths, and upwards of $50 million in property damage. No one wants to get hurt, let alone die when they board a boat. If you’re reading this you aren’t dead, so that’s a very good start! However, if you have been injured in a boating accident you may have recourse to sue for damages.
The key distinction that must be made to build a personal injury liability case for a boating injury is negligence. In this case, negligence is defined as the failure of whoever was responsible for operating the boat to take necessary precautionary measures, act with “reasonable care,” and ensure the safety of the boat and its passengers.
What Are the State’s Safe Boating Laws?
The state of Washington has enacted laws and regulations to keep boating safe for all participants. For instance, anyone born after January 1, 1955, must have a Boater Safety card. The card is issued upon completing a boater education course that applicants can take in person or online. Experienced boaters may take an equivalency test instead of enrolling in the course.
The state also defines unsafe boating. The Revised Code of Washington §79A.60.030 prohibits boaters from operating negligently, which can be an infraction similar to a speeding ticket. However, if the offender has two or more previous violations, careless boating could be a misdemeanor. Under this statute, negligent operation could mean going too fast for conditions or managing the vessel in a manner that endangers others.
Operating a watercraft while under the influence of drugs or alcohol is a separate offense. Boating under the influence (BUI) is a gross misdemeanor and could lead to hefty fines and up to one year in jail. If someone involved in a boat accident was cited for BUI, a Tacoma lawyer could offer the citation as clear evidence of negligence.
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Proving Negligence After a Boat Accident
When an injured person seeks monetary damages, they must prove that another party was negligent. Negligence means not using the same degree of caution and care that a reasonable person would use in similar circumstances. A violation of the law is evidence of negligence, but it is not the only way to prove liability for an accident.
Proving negligence can be challenging in boat accident cases, in part because law enforcement does not always go to the scene. Without a police report, a skilled lawyer in Tacoma could interview the injured person and other witnesses, examine the physical evidence, and solicit an expert’s opinion to get a clear picture of what caused the boat accident. Negligent parties in boat accident cases usually include the vessel’s operator. Depending on the circumstances, other negligent parties could include the following:
- Vessel manufacturer
- Boat rental company
- Safety equipment manufacturer
- Boat passenger
- Marina or boat repair contractor
Once a legal professional has identified negligent acts or omissions, they would make a demand for damages and begin settlement negotiations. Possible sources of settlement funds from boat operators include homeowners, automobile, or business insurance policies. If a repair shop or manufacturer is liable, their commercial insurance may provide a source of funds.
THERE ARE TWO MAIN KINDS OF NEGLIGENCE IN BOATING ACCIDENT INJURIES:
Collision with Another Boat
When your boat collides with another boat, the fault of the accident will be attributed to one or both of the boat operators. In nearly every imaginable circumstance, colliding with another boat is an avoidable accident that is caused by negligence—in this case, failure to pay attention.
Failure to Maintain Adequate Safety Equipment
All boats are required by law to have specific safety equipment in case of accidents or mishaps. Life jackets, fire extinguishers, life rings, and flares are just a few of the items that can be used in an emergency situation to prevent undue injuries. Failure to have safety equipment on board can result in more serious injuries and complications following a boating accident or injury. Because boats are required to have safety items, any damage caused by not having these should be directly attributable to the boat operator.
COMMON BOATING INJURIES
If you have been injured on a boat, you may be facing serious injuries. These injuries may include the following:
- Broken bones
- Fractures
- Head injuries
- Back injuries
- Knee injuries
- Death
These injuries rarely just heal on their own. Rather, they take the effort and coordination of a team of healthcare providers to get you back to health.
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Boating Accidents Often Cause Severe Injuries
Injuries in boating accidents can be severe, permanent, and life-changing. Some incidents are fatal. Severe lacerations requiring stitches and broken bones are common when boats collide with whales, permanent obstructions, and other vessels. Traumatic amputations sometimes occur in boat accidents. Facial injuries, head trauma, spinal cord injury, and traumatic brain damage could result from a crash on the water. Drowning and near-drowning incidents may also occur.
Recovering from boat accident injuries can be complicated due to delays in medical treatment. In addition, the conditions on many boats could increase the chance of infection. A detail-oriented Tacoma lawyer could ensure that the full extent of an individual’s injury and prognosis is clear before starting to settle a boat accident claim.
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Pursue Your Claim with a Tacoma Boat Accident Lawyer
Boating accidents can be chaotic, and when they happen, you are probably focused on getting back to dry land safely. You might not be thinking about how to get compensated for your injuries.
A Tacoma boat accident lawyer has experience investigating crashes on the water and identifying parties who might be liable for your damages. To get a knowledgeable lawyer working on your case, call as soon as possible.
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