Medford Boat Accident LawyerRequest a Free Consultation
Taking a boat out on the Delaware River or one of the many lakes in the area is a popular activity among Medford residents. Unfortunately, irresponsible watercraft operators could cause an accident that leaves you severely injured.
If another party’s negligence led to a collision on the water that injured you, a Medford boat accident lawyer could advise you about pursuing appropriate compensation for your losses.
Boat Accidents Could Produce Complex Injuries
- Neck and shoulder hyperextension
- Deep lacerations
- Bone fractures
- Facial injuries
- Traumatic brain injuries
- Spinal cord injuries
When an injury occurs on the water, accessing qualified medical help could take considerable time, and rendering first-aid may be difficult. There might not be anyone available to assist an injured person. The rocking of a boat could make it difficult to immobilize an accident victim. If an individual has an open wound and is thrown into the water, the chances of drowning and infection increase.
New Jersey Statute §12:7-34.46 requires a vessel operator to contact authorities by the quickest means available when an accident results in serious injury, death, or someone falling overboard. Emergency responders could help ensure that an injured person receives appropriate care as soon as the circumstances allow. Depending on how a boat crash plays out, a Medford attorney could present a failure to call authorities when required to do so as evidence of a vessel operator’s negligence.
Proving Negligence Caused a Boat Accident
When representing someone injured in a boating accident, a lawyer must first identify all potentially liable parties. When a boat operator fails to use reasonable caution and causes an accident as a result, they may be obligated to cover an injured person’s ensuing damages.
Many watercraft operators lack experience and may be prone to making errors when handling or navigating their boats. Such errors could be used as evidence of negligence in a subsequent boating accident claim for damages. An operator might also be found negligent if the boat has a motor, but they lack the required license to operate a motorized water vessel. Evidence that the boater was under the influence of drugs or alcohol could be evidence of negligence per se, meaning no further evidence is necessary to prove liability for the boat crash.
If poor watercraft maintenance contributed to an accident, the boat’s owner, the marina responsible for maintenance, or both, might bear liability for an otherwise preventable collision on the water. If a defective boat part contributed to the accident, an injured person may be able to seek damages from the manufacturer. If the collision occurred while the boat was moored or launching, the property owner and other parties could be liable.
Contributory Negligence Could Impact Compensation
According to the law, when an accident results in injury and the actions of multiple parties contributed to it, liability for an injured person’s damages is divided among the responsible parties. Damages suffered as a result of boating collisions could include medical care, lost income, pain and suffering, emotional trauma, and other documentable losses. Any party who bears more than 60 percent of the blame could be responsible for paying all of a claimant’s damages. A party who bears less than 60 percent of the blame is responsible for covering the percentage attributed to their negligence.
If the opposing party alleges that a claimant bears some responsibility, they may collect only the portion of their damages attributable to others. Furthermore, a partially liable claimant can only collect damages from parties who bear more responsibility than them. For this reason, it is highly advantageous to work with an attorney who could successfully refute allegations of shared fault to help ensure the injured parties takes home all the compensation owed to them.
Pursue Your Boat Accident Claim with a Medford Attorney
Recovering from severe injuries might be a long process, and figuring out who is responsible for a boating accident and how to hold them accountable could be challenging. Luckily, you do not have to handle these issues alone.
Let a Medford boat accident lawyer on our team help you pursue your claim. Your time to act is limited, so schedule an appointment today.