Boater responsibility and alertness are important to everyone’s safety. If someone acts negligently, they can cause a boat accident that results in expensive damages, life-altering injuries, or even death. When this happens, you can hold the negligent party responsible for their actions.
A Louisville boat accident lawyer will provide you with the guidance and expertise to help you get the justice and compensation that you deserve. Thomas Law Offices is ready to assist with your legal claim.
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Kentucky Boating Laws
Just as there are laws applying to driving, there are laws that apply to operating a boat. Let’s go over some of Kentucky’s boating laws that everyone must adhere to.
Some of the most relevant of these include:
- Operating a Boat. Those who own or are operating a boat can be held responsible for damages and injuries caused by their negligence. Boaters are required to provide other watercraft with plenty of room, adhere to wake restrictions, and to keep a registration of operation certificate on board.
- Boating Speed. Boaters also need to be aware of their speed. In some areas, safety regulations require that they remain in idle (the slowest maneuverable speed of a boat). Boat operators are responsible for accidents that occur from the wake they create, or if they lose control of a speeding boat.
- Negligent Behaviors. Negligent behavior can include dangerous actions, a few of which include:
- Weaving through traffic, following watercraft (or someone being towed by watercraft, too closely)
- Wake jumping maneuvers risks injury, property damage, or that endanger human life
- Cutting between a watercraft and those being towed by the boat
- Crossing the path of another boat when there’s poor or obstructed visibility
- Steering toward someone or an object in the water and turning sharply when they’re close
- Operating While Intoxicated. Just like motor vehicle drivers, boaters can’t be under the influence of drugs or alcohol while operating a watercraft because it impairs judgment, reduces reaction time, and inhibits their ability to safely operate the vehicle. If the operator has a blood alcohol content of .08 or higher, they could face jail time, fines, or worse, based on the severity of the accident.
Kentucky law states that the operator of the boat must submit a Boating Accident Report if any of the following occur:
- A death or disappearance of a person.
- An injury that needs medical attention, or that incapacitates the victim for 24 hours or more.
- An accident that results in loss or property damage valuing $500 or more.
A Louisville boating accident attorney will investigate your case, going over accident reports and witness accounts to determine what happened. If they find that the negligent party was violating any Kentucky boating laws, they’ll gather evidence to help show how that negligence contributed to the accident and caused your injuries.
Common Causes of Boating Accidents
Many things can lead to a boating accident. If you’ve been a victim, it’s important to know the specific causes of your accident. The US Department of Homeland Security 2022 Recreational Boating Statistics report, lists the following common contributing factors to boating accidents:
- Operator Inattention
- Improper Lookout
- Operator Inexperience
- Excessive Speed
- Alcohol Use
- Machinery Failure
- Navigation Rules Violation
- Weather
- Hazardous Waters
- Force of Wake
Following a boating accident, you may assume that the other boat’s operator was at fault. While this may frequently be true, it isn’t necessarily always the case. Having a Louisville boat accident lawyer in your corner can be the key to determining who is actually responsible for your injuries.
Things like machinery failure can be caused by a faulty part on the boat. If so, the part’s manufacturer could be held responsible for allowing a defective product on the market. This is known as product liability.
Going up against a manufacturing company can be an intimidating experience, and it’s vital to have an attorney who’s ready and able to represent you.
The Consequences of Boating Accident Injuries
Boating accidents can cause devastating injuries. People can be thrown from the boat, hit by a boat, and may not be able to get themselves to safety. The Recreational Boating Statistics report we mentioned above lists that the top five causes of death in boating accidents are:
- Drowning
- Trauma
- Cardiac Arrest
- Carbon Monoxide Poisoning
- Hypothermia
Serious injuries can occur as well, including:
- Traumatic Brain Injury
- Spinal Cord Damage
- Lost Limbs
- Broken Bones
- Burn injuries
- Soft Tissue Damage
After these injuries occur, medical assistance is paramount. Those injured in a boating accident may require hospitalization, extensive continued care, and ongoing therapy even after they’re ready to leave the hospital.
Medical costs can skyrocket, and this financial burden shouldn’t fall on you when the accident wasn’t your fault. Your lawyer will calculate what the boating accident has cost you financially and fight for your compensation to cover your costs.
Get In Touch with a Louisville Boat Accident Lawyer Today
At Thomas Law Offices, we’ll also evaluate both the economic and non-economic losses you’ve experienced from the boating accident, including pain and suffering and loss of enjoyment of life.
If these non-monetary damages apply to your case, we’ll calculate your compensation to include these as well, and in the tragic event you’ve lost a loved one in a boating accident, our wrongful death attorneys can help you get justice for your loved one.
Contact us today for a free consultation with a Louisville boat accident lawyer. We will go over your case and find the best way for you to get justice and move forward with your life.
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