Collision With a Fixed Object
When you are a passenger on another person’s boat, you trust them with your personal safety. While many boat operators act safely and know how to navigate waterways while complying with applicable boating laws, other operators can be inexcusably careless. It only takes one act of carelessness to cause a serious accident that results in devastating injuries or even fatalities. There are many different types of boat accidents, including collisions with fixed objects. This type of accident can be easily avoided if the operator is paying attention to their surroundings and abiding by the law. The experienced Stuart boat accident lawyers at Donaldson & Weston proudly assist victims throughout Martin, Palm Beach, and St. Lucie Counties with understanding their right to compensation after a boat operator causes them to suffer injuries.Bring a Personal Injury Claim Following a Collision With a Fixed Object
Collisions with fixed objects are almost always caused by boater carelessness. If you were injured during a collision of this nature, you can file a personal injury action against the operator of the boat to recover compensation for your injuries and expenses associated with the crash. In this lawsuit, you must prove that the defendant did not operate the boat with the same level of reasonable care and skill that a reasonable and prudent person would have exercised in a similar situation. There are many different ways that a collision with a fixed object can happen. One of the most common ways is distracted boating, which happens when the operator is texting, talking on the phone, or distracted with activities that prevent them from noticing fixed objects before it is too late. Another common cause of this type of crash is intoxicated boating. If a boater is inexperienced and does not know how to navigate tight spaces, such as harbors or docks, collisions are also more likely to occur. If you can show that the operator violated a boating law or statute at the time of the crash, this will help convince a jury that the defendant’s conduct was negligent.
Once your lawyer proves liability, you will need to establish that there was a causal connection between the defendant’s failure to act with appropriate care and the injuries that you suffered. Even if the defendant acted negligently, you will not be awarded compensation unless you can prove causation. Many defendants attempt to avoid paying compensation by trying to find some other factor that may have caused the plaintiff’s injuries. If the plaintiff was also acting negligently at the time of the crash, the defendant can present this evidence to the jury. The jury can then assign a percentage of fault to the defendant and reduce any damages award by that amount.
Your attorney also will gather evidence showing the damages that you sustained as a result of the accident. Medical expenses are the most common type of damages that a plaintiff requests, including past, present, and future estimated medical costs. The plaintiff can also obtain reimbursement for any missed wages. If the injury resulted in a permanent or long-term disability, the plaintiff can claim compensation for reduced earning capacity and diminished quality of life. Keeping diligent records of your expenses and working with a seasoned boating accident lawyer can help you ensure that you are compensated in the full amount that you deserve.Speak With a Knowledgeable Stuart Attorney After a Boating Collision
The legal professionals at Donaldson & Weston are proud to serve accident victims in areas such as Stuart, Jupiter, and Port St. Lucie. We have handled a wide variety of boating accident cases, including those arising from distractions or speeding, which means that we know what it takes to protect your rights and to ensure that you are treated fairly. Our team can assist with all aspects of the litigation, including negotiating with insurance companies and identifying witnesses. To schedule your free consultation, call us now at 772-266-5555 or contact us online.