B
oating Accidents
B
oating Accidents
YOUR TRUSTED GEORGIA ATTORNEY WITH
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Boating Accidents
Each year, a significant number of people suffer injuries in boating accidents caused by negligence, carelessness, and even intoxicated fellow boaters. Also lack of proper boating training and experience among boat operators is a huge factor in boating accidents.
Frequently, the use of alcohol and/or drugs, contributes to said carelessness or negligence. People who wouldn’t normally drink and drive might not think to exercise the same caution while leisurely boating.
primary factor
One primary factor that contributes to boating accidents is the failure of boat owners, boat rental companies, and even marinas to adequately warn strenuously about the dangers of operating a boat under the influence. Accidents can occur with boats and other watercraft such as jet skis.
Preventable Accident
Many of the responsibilities of boat operators are similar to those of car drivers. Just as many car accidents occur because of DUIs, every year, hundreds of people are injured or killed due to intoxicated drivers smashing into innocent boaters, swimmers, or jet skiers.
Most of these accidents were preventable.
consult Personal Injury Attorney Joshua Smith
Numerous boating accidents are often cases where compensation for damages including medical care, property damage, and sometimes wrongful death, can be sought.
That’s why it’s crucial to have legal expertise and counsel that can help you effectively negotiate for fair and comprehensive compensation.
Common causes Of Georgia Boating Accidents
Boats are fun but they are massive vehicles too often traveling at high speeds with no roadways and little signage for guidance or warning. Unfortunately, when people are enjoying the relaxation of being on a boat, the driver may not always be thinking of other boaters or their surroundings.
Accidents can happen because of:
• The use of alcohol and/or drugs on board
• Reckless boating, including horseplay on board
• Hazards in the waterway, including docks, hidden pylons, buoys, diving platforms, or other objects, or shallow spots that aren’t visible
• Defective or dangerous equipment or parts, such as badly designed or manufactured motors, propellers, and other parts like faulty throttles.
• Operator error or inexperience
• Improper or inadequate maintenance
• Speeding
These can lead to accidents such as:
• Collisions involving vessels, or when a vessel collides with a stationary object such as a rock or marina. These collisions can lead to capsizing or a boat flipping over, passengers being thrown off the vessel, and damage to the boat’s hull. Such incidents frequently occur when there is a high density of boats on the water or when an inexperienced or intoxicated operator oversees the vessel. The driver of the vessel is, in many instances, responsible for the safety of their passengers.
• Accidents onboard such as slips, trips, and falls. Because boats don’t always stay level while moving, passengers are at an increased risk of slips, trips, and falls, including falling overboard.
• Drowning, especially if a person goes overboard into the water without any type of personal floatation device like a life jacket. Even if the person can swim, the water conditions may make it impossible for the person to stay above water or be rescued in time.
• High-speed accidents – collisions that can lead to traumatic brain injuries, such as with jet skis.
• Propellers running over a person that’s gone overboard and into or under the water. It happens quickly, and a person who is pulled under can be quickly maimed or killed by the running propeller blades.
Both tourists and locals enjoy spending weekends and holidays on the water throughout Georgia. But letting your guard down during vacation can lead to you being a victim of a boating accident.
What to Do If Involved in a Boating Accident In Georgia
Anytime you and your family or friends head out in a boat, you must also be prepared for an emergency and know how to respond should one happen. If it happens to you, take action:
1. Roll call. If the boat is afloat and intact, check to see if all of the passengers are on board and accounted for. If not, locate anyone who might have gone into the water and get them back into the boat immediately. If the boat is capsized, again do your best to locate and account for all passengers.
2. See if first aid is needed. There is a chance one or more passengers were injured in the accident, so start first aid now. If anyone suffered major injuries or cannot be located, contact emergency services and follow their instructions.
3. Do you need to move the boat? If the accident happened in an area with high traffic, especially much larger and oncoming vessels, you may need to move the boat for the safety of everyone involved.
4. Contact law enforcement if there are serious injuries, and/or extensive damage to one or more vessels.
5. Don’t leave the scene of the accident, or the spot where you’ve moved the boat, and wait for law enforcement to arrive.
6. Seek medical attention even afterwards. This includes everyone involved in the accident, even if they weren’t seriously injured. Like a car accident, injuries may not be evident initially. Immediate medical attention ensures that a doctor has a chance to check for injuries such as whiplash, concussion, or internal injuries, and treat as needed.
Georgia’s Department of Natural Resources has a website with resources for safe boating, including a free downloadable handbook on boating safety, laws and responsibilities. Georgia Boater’s Education is required for anyone born on or after January 1, 1998.
Speak to law enforcement when they arrive and offer only the facts. Don’t speak to the other parties or discuss fault with them. Take time to document the accident with:
• Pictures of the boats and their conditions, including the surroundings, and weather if applicable.
• Include information such as the boat registration numbers and insurance information
• Names and contact information of all involved parties, including any witnesses
• Ask if any of the parties or witnesses have any photos or video of the accident as it occurred
• Get contact information from the responding officers so that you can obtain their report later
Even if there is no need for a lawsuit, this information will come in handy for insurance claims.
Speak with us as soon as possible if you have been injured in a boating accident and you are wondering about getting proper compensation to help with medical bills, lost wages and other related damages. We will discuss your legal options.
Georgia’s Statute Of Limitations Is Two Years
As with most personal injury cases, you will only have a two-year period to file your claim, from the date of the accident. If you’re filing a wrongful death claim for a loved one who died in a boating accident, the two-year statute begins on the date of their death. Unfortunately if you miss the two-year deadline, your case will be quickly dismissed.
Two years may seem like a lot of time, but building a case that fully encompasses all the financial impact that may result from the accident takes time too. As your attorney we will investigate the accident, review witness statements and police reports, collect medical documentation and anything else needed to prove your claim.
Contact Joshua Smith - Dalton Personal Injury Lawyer
Joshua J. Smith has been handling personal injury cases in Georgia since 2000. With over 22 years of personal injury experience, he has handled a wide range of cases including wrongful death cases. Attorney Smith understands the pain and suffering that accident victims experience, advocates on their behalf, and uses his expertise to help them receive adequate financial settlements so they can hopefully fully resume their lives.
If you or a loved one were injured due to negligence or another related cause in a boating accident in Georgia, call the offices of Joshua J. Smith, Attorney At Law at 706-217-2095 or send a message through our website’s contact form. We offer free consultations for boating accidents and other types of personal injury cases.
Attorney Joshua Smith Will Fight For You!
Attorney Joshua J. Smith serves clients in and around Dalton, Georgia in the practice areas of Personal Injury, Criminal Defense, and Civil Litigation. Contact our offices for assistance in any of these areas.