You may pay attention to safety measures when you go on a boat trip. But just because you are responsible does not mean all boaters are.
Boating demands eagle-eye attention to the waterways and other boaters to avoid accidents. Although most boaters are responsible, some drink, speed, and show off. Getting a license to operate a boat does not include operating one to pass the test, leaving many inexperienced boaters on the water. If you are injured because of another’s negligent acts, a Henderson boat accident lawyer can help you get compensated. Our experienced personal injury attorneys fight for Nevada victims.
State law requires prospective boaters born after 1982 to pass a safety course and carry a boater education card if they are operating a motorized boat or personal watercraft (PWC) over 15 hp. Safety equipment is also required, although seatbelts are not, leaving passengers vulnerable to flying overboard if the captain is reckless. Common causes of boating accidents include:
Alcohol is the leading contributing factor to boating accidents, including fatal ones. It is illegal under Nevada Revised Statutes § 488.410 to operate a boat with a blood alcohol content of at least 0.08 percent. Boaters under the influence face stiff criminal charges when they harm others, and those injured can seek compensation for their physical, emotional, and financial losses. A Henderson boat accident attorney could negotiate a suitable award for a client.
Negligence is the foundation of personal injury claims, and a plaintiff must prove its elements to prevail. First, they must show the defendant had a duty to behave as a reasonable person. A boat operator must follow all rules and laws to keep those in and around the boat safe. Failing to do so is a breach of that duty.
The actions must be the foreseeable cause of injuries from an accident. For example, a drunk, speeding operator who crashes into a buoy and injures their passengers is foreseeably the cause for those injuries. However, if that operator makes it safely back to shore and a passenger disembarks and stumbles into the water while walking on the dock, the operator is not liable for the injuries because their actions were not foreseeably the cause of the passenger’s injuries. A boat accident lawyer in Henderson could collect evidence to prove a boater did not fulfill their duty.
Juries can award economic and non-economic damages, together known as compensatory damages. Economic damages pay for what the injured person has lost: wages, out-of-pocket medical expenses, and property damage. Non-economic damages cover subjective losses, including pain, loss of enjoyment of life and consortium, and the emotional trauma of being disfigured or disabled. Compensatory damages are not capped in boating accidents. Punitive damages may be available in limited cases of gross misconduct.
You may have years of boating experience and be the most careful person on the water. But other boaters may not be so diligent. If a negligent boater causes an accident that injures you, your medical bills will mount, and you may lose wages until you are back on your feet, destabilizing your finances.
We can plot a way forward for you if you find yourself in this predicament. Boat operators who break the law or ignore boating rules, causing your accident, are responsible for paying you for what you lose. Call a Henderson boat accident lawyer to learn how we can help you. Hablamos español.