Over four thousand individuals are the victims of a boating accident injury every year in the United States. Another 750 people are killed each year as a result of a boating accident. These boating accident injury cases also total over thirty nine million dollars in property damage. Of those who are killed as a result of their boating accident injury, seven of every ten drown. Eighty percent of these victims were not wearing their personal flotation devices at the time of the accident. It is estimated that almost 500 lives could be saved each year if all water enthusiasts used lifejackets.
The most common types of boats involved in boating accident injury cases are open motorboats, personal water craft, and cabin motorboats. In the last few years, boating accident injury occurrences involving open watercraft and personal watercraft such as jet skis has increased.
Texas Accident Help Center - Federal Law
Under federal law, a boating accident injury must be filed with the Coast Guard or state authorities and be reported to the Boating Accident Report Database system. Boating accidents involving the death or disappearance of any individual and any injury that requires medical attention exceeding basic first aid are required to be reported within 48 hours. Boating accidents that only involve property or boat damages exceeding $500 must be reported within ten days of the incident.
A boating accident injury can be caused by grounding, capsizing, collisions with other moving or non-moving vessels or fixed objects, falls or ejection overboard, fire or explosion, skier misfortunes, machinery malfunctions, sinking, and carbon monoxide asphyxiation. Most cases of boating accident injury are a consequence of boat operator negligence. Over forty percent of boating accident injury cases involved a boat operator who was under the influence of alcohol. Over eighty percent of negligent boat operators have never taken a boating safety course.
If you are the victim of a boating accident injury, you have the right to recover the damages you have suffered. As with any personal injury case, it must be proved that the boat operator's negligence was the cause of the boating accident injury. Once s/he is proven liable, the insurance agencies or court system will decide how much compensation you will receive for your injuries, medical costs, loss of wages, and pain and suffering.
The laws governing boating accident injury cases vary by location and circumstance, therefore it may be in your best interest to speak with an attorney who can advise you of your legal rights and options. Keep in mind that there are usually time limits which restrict the amount of time you have to file a boating accident injury lawsuit.
Texas Accident Help Center - What is a Boating Accident Injury?
A formal written accident report is required to be filed when the following situations occur:
- Life is lost due to the accident.
- Someone is injured and requires medical treatment beyond first aid.
- There is a complete loss of the vessel or damage to the vessel and property more than $500 (Many states have set a limit less than $500 - contact the local state boating authority to determine the amount).
- Any person on board a vessel disappears (under circumstances indicating death or injury).
Boating Accident Reports are required to be filed within: 48 hours of the incident or if a person dies within one day (24 hours) 48 hours if a person is injured and medical treatment beyond first aid is required, 10 days if there is only damage to the vessel and/or property.
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