Boating Accident Lawyer
Boating is a favourite past time of many. Unfortunately, this recreation has likewise caused numerous accidents that have led to injuries, and at times, even death. This is why it is important that those who engage in it know their rights and all other aspects about it.
The number of parties injured or killed due to Boating accidents varies per state. However, regardless of this, there is an imminent importance in making sure that those who have been afflicted with such incidents are accorded with the necessary protection under the eyes of the law.
Boating and the Law
In line with this belief, several state and federal laws have been enacted to provide parties with that much needed security when boating.
Today, laws require boat operators to exercise the utmost prudence and diligence when in the waters. They are prohibited from using their respective vessels recklessly to avoid the endangerment of people’s lives or causing any injury whatsoever.
In addition, boating vessels are likewise prohibited from cruising or moving in areas where there are swimmers or divers who may be inadvertently injured or hit. Said vessels are also required to be operated in such a manner that it will be able to swerve or immediately avoid any collision or any form of accident.
The speed of moving boating vessels has also been regulated by the law. In relation to this, moving vessels are prohibited to move at an unreasonable or improper speed. Accordingly, improper speed has been described as an imprudent rate of speed while moving under certain conditions, such as heavy boating traffic, visibility problems, bad weather conditions and other circumstances.
Vessel operators are likewise prohibited from operating such vessel under unsafe conditions – which endangers the people on board. Hence, they are required to secure a sufficient number of life jackets and fire extinguishers, as well as fully functioning navigational lights, adequate ventilation and other safety precautions.
On the other hand, passengers are likewise obligated by law to exercise diligence and prudence when riding inside vessels. They are prohibited from riding on the gunwales, bow or any other areas of the vessel where there is an imminent danger or risk of falling overboard.
The federal law in cases of boating accident is the Federal Boat Safety Act – which empowers the United States Coast Guard to require, regulate and establish the safety precautions that must be followed by all boating and maritime vessels.
Under the said law, boating vessels must be equipped with precautionary devices that meet the standards imposed by the Coast Guard. Such devices include flame arresters, gas ventilation devices, fire extinguishers, sound producing devices and visual distress signals. Concurrently, the personal floatation devices or life jackets used by boating vessels must likewise comply with the standards imposed by the Coast Guard.
Causes of Boating Accidents
There are many causes of boating accidents. However, the most common are:
- The inattention of the operator
- The inexperience of the operator
- Speeding in the waters
- Failure to comply with the standards imposed by the law
- Failure to comply with the safety precautions imposed by the Coast Guard and the law
- Use of faulty navigational and safety devices
- Other related causes
Responsibilities of Parties
Under the law, vessel operators are required to immediately report any Boating Accidents that may have transpired under their watch. This includes the death or disappearance of a passenger, serious injuries suffered by a passenger, damage caused to another vessel or any other property, the loss of the vessel, properties lost in the vessel and other circumstances as required by the law.
Vessel operators are also required by the law to register their vessels or crafts and must likewise provide their vessel/s’ registration number, name, address and other useful information to authorities.
The Boating Accident Lawyer
In case a person or a loved one has been affected in any way by a boating accident, it would be wise to consult with a Boating Accident Lawyer as immediately as possible. This is because with his help, all the pieces of evidence necessary will be procured, the testimonies of witnesses will be taken and the parties responsible will be held liable.
A Boating Accident Lawyer must be well-versed with state and federal laws relating to boating accidents. He must have experience with regards the different processes in this type of case and he must also have the legal expertise needed to accord all parties with the rights accorded to them under the law.
In the end, a Boating Accident Lawyer will help ensure that the ends of justice are met and that all the details of the case are effectively ferreted out to ensure that the victims are accorded what is due them, while those responsible are accorded with their respective legal obligations as provided by the law.