GILBERT PERSONAL INJURY LAWYER Boat Accidents

GILBERT PERSONAL INJURY LAWYER

  Boat Accidents

What to Do If You’re Involved in a Boating Accident in Arizona

While boating can be an enjoyable form of recreation, it can also be hazardous. Arizona offers beautiful lakes, a welcome relief from the summer heat. During the summer, boaters flock to these lakes to fish, swim, jet ski, or just relax. With so many boats on the water, accidents are unfortunately a regular occurrence. If you or a loved one has suffered an injury in an Arizona boating accident, you may still be recovering from the physical and psychological trauma associated with these injuries. If the accident was caused by someone else's carelessness or recklessness, consider contacting an experienced Arizona personal injury attorney to help you seek compensation.

Types of Boating Accidents

Below are some of the most common circumstances giving rise to a boat accident:

  • Collisions. Just like with motor vehicles on the road, boat collisions happen. Whether because of a driver’s inattention, excessive speed, or weather conditions, high-speed boat collisions can lead to extensive property damage and severe injuries.
  • Operating Under the Influence. In Arizona, it is against the law to operate a boat under the influence of drugs or alcohol. When a driver uses drugs or alcohol while operating a boat and causes an accident, it is highly likely that anyone who was injured in that accident will be able to seek compensation from that at-fault driver.
  • Drowning. Unfortunately, drowning deaths are on the rise in Arizona. While many drowning accidents occur in pools or at home, boating can pose a serious risk of drowning. Many drowning victims are small children, so it is important that the operators of a boat ensure that any children aboard are secured and wearing life jackets.
  • Mechanical Failures. Sometimes, boating accidents are caused not by the negligence of the driver or passengers, but because the boat was improperly manufactured, inspected, maintained, or repaired.

Who May Be Liable for an Arizona Boating Accident?

Liability for boating accidents is typically based on a theory of negligence. Negligence arises when a defendant’s conduct falls below the standard of care of a reasonable person. Generally, to hold a person liable for a boating accident, the victim must be able to show that:

  1. The defendant owed them a duty of care. Every boat operator owes a duty of care to act with such caution to avoid causing injury to other people using the waterway.
  2. The defendant breached that duty. To breach a duty, the defendant must have engaged in unreasonably dangerous conduct. For example, speeding, operating a boat under the influence, or otherwise recklessly operating the boat could be examples of a breach of a duty.
  3. The victim suffered harm because of that breach. The victim must be able to show that if the defendant had not been behaving in an unreasonably dangerous manner, the victim would not have been injured.
  4. The victim suffered actual injury. This one is generally fairly easy to prove, especially if the accident caused serious physical injuries.

Typically, the party who will be held liable for a boating accident is the person who was in control of the boat at the time of the accident. However, in cases where there was a mechanical defect of some sort, it is possible that the manufacturer, retailer, or mechanic responsible for the defect could be held liable. This could also apply to the rental company; if the boat was rented, generally the rental company is responsible for making sure the boat is in working order.

What If I Am Partially Responsible for the Accident?

Arizona courts apply a rule called “pure comparative negligence”. Even if the victim is found to be partially at fault for the accident, they are not barred from recovering some damages from the tortfeasor. For example, in a collision, more than one boat operator can be found at fault. This is a question for a jury. If the victim was driving over the speed limit, but the accident would not have occurred if the defendant driver had not been under the influence while operating the boat, then a jury may find that the victim was 25% at fault, while the defendant was 75% at fault. The victim’s damages will be reduced by their amount of fault.

What Types of Damages Can a Boating Accident Victim Recover?

Though every case is unique, there are a few categories of damages that injury victims may be able to recover from the at-fault party. These damages can generally be categorized into economic and non-economic damages.

Economic Damages

Economic damages include expenses incurred from the accident, such as:

  • Past and future medical expenses
  • Past and future lost wages
  • Property damage
  • Lost earning capacity
  • Incidental damages

It is important not to minimize the value of your claim. If you fail to account for all future medical expenses you may incur as a result of the accident, you may miss out on a significant amount of damages.

Non-Economic Damages

Non-economic damages on the other hand attempt to reimburse the victim for the intangible losses they suffered, such as:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium

Punitive Damages

In some rare cases, a victim may also be able to recover punitive damages. Punitive damages are awarded to victims to punish wrongdoers for causing harm that was intentional or deliberately indifferent to the safety of others. While these are rare, an experienced attorney can identify when punitive damages are appropriate and present strong arguments to hold the at-fault driver accountable.

What to Do After a Watercraft Accident in Arizona

Under Arizona law, when a boat operator is involved in a collision or other casualty, the operator must:

  1. Stop the boat at the scene or as close to the scene as safely possible
  2. Render assistance to people affected by the accident to save them from danger
  3. Remain at the scene of the accident while exchanging contact information with anyone who was injured or who suffered property damage.

Any accident that results in an injury or death must be reported within 48 hours. Accidents resulting in property damage exceeding $500 must be reported within five days of the accident. These reports go to the Arizona Game and Fish Department. This report can be found here.

The most important step to take after suffering an injury in a watercraft accident is to seek medical attention as soon as possible.

Contact an Arizona Boat Accident Lawyer

Boat operators are expected to follow all of the rules and regulations on the waterways. Though taking a boat out for a ride can be a relaxing, leisurely activity, even recreational boat operators have a lot of responsibility to keep lakes and other waterways safe for all users. If you or a loved one was seriously injured in a boating accident in Arizona, you should consider speaking with an experienced personal injury attorney right away. Accident victims in Arizona have two years from the date of the accident to file a lawsuit, which is why it is critically important to speak with an attorney right away to ensure your claim is filed on time. A boat accident victim should be able to focus on recovering from their injuries while their lawyer handles their claim from start to finish. Talk to an experienced Arizona lawyer for a free consultation.