Boating Accident and Injury Attorney Highlands County FL http://www.YourHighlandsLawyers.com

http://www.YourPolkAttorneys.com http://www.YourHighlandsLawyers.com Lopez and Humphries, P.A. 521 Pine Street Sebring, Florida 33870 863-709-1800 Boating and Watercraft Accident and Injury Attorneys Maritime Law Attorneys | Negligence Boating Cases Settlements, Compensation and Hiring a Personal Injury Lawyer In 2007, 5,191 boating accidents claimed the lives of 685 people and injured another 3,673, according to a report by the U.S. Coast Guard. Many of these accidents occurred due to negligence on someone's part. When a boating accident is caused by another party's negligence, people who are harmed are often eligible for compensation for medical expenses, pain and suffering as well as other damages. To learn more about the legal implications of boating accidents and your right to compensation, please review the information below and contact a qualified boating accident attorney. Boating Accidents and the Law As a legal matter, a boating accident occurs when a boat (motorboat, canoe/kayak, pontoon boat, sail boat, jet ski, etc.) is involved in an event or series of events that cause harm, such as property damage, total vessel loss, missing person(s), injury or death. Boating accidents are one type of motor vehicle accidents. According to the U.S. Coast Guard, common accidents include: Collision with another vessel Collision with a fixed, sometimes submerged, object Collision with a floating object (e.g., log, swimmer) Mishaps involving a skier or person on a towable object Mishaps involving a person falling overboard Capsizing Grounding, sinking, flooding or swamping Fire or explosion Carbon monoxide poisoning Most boating accidents involve an element of negligence. Negligence Victims who have suffered injuries or property damage as a result of boating accidents often are eligible to receive compensation from an insurance company or a court award. First, however, they must establish that someone's negligence, or failure to act responsibly, was to blame. Many victims of boating accidents prove negligence with eyewitness testimony, law enforcement reports and photographs of the accident scene. With this evidence, they must show that: The boating accident was caused by carelessness The victim was caused harm The negligent party is responsible for compensation Direct evidence provided by eyewitness testimony is persuasive evidence of negligence in a boating accident. For example, the statement of an onlooker, who witnessed a boat operator drinking beer, driving erratically and/or crashing into another boat, is convincing evidence of negligent boat operation. Indirect or circumstantial evidence may be just as compelling. For example, a law enforcement report stating that a swimmer's electrocution occurred near a boat that was wrongly connected to shore power is likely to persuade a jury of operator negligence. To prove harm done, injuries must be directly linked to the boat accident. Among others, they may include: Drowning Hypothermia Abrasions, contusions, lacerations Trauma Broken bones Spinal cord injuries Amputation Burns Electrocution Carbon monoxide poisoning To help prove negligence and win a civil suit, you should: File a Boating Accident Report (BAR) with the law enforcement agency that has jurisdiction where the accident occurred. Federal regulations require the filing of a BAR within 48 hours when someone dies, disappears from a vessel or is seriously injured. A BAR must be filed within 10 days when a vessel's damages exceed $2,000 or the vessel is completely lost. Individual states often have stricter regulations. Gather names and contact information of any eyewitnesses to the accident who are willing to testify on your behalf. Photograph or sketch the scene of the accident (if possible), especially damages to the boat(s) involved. Photograph injuries caused by the boating accident (if possible). Keep notes on what you remember about the accident.