Boat tours and excursions are a common activity that many people want to participate in when visiting Clearwater, Florida. However, whether you are a tourist or a resident of Clearwater, you may not be fully apprised of the risks associated with taking a trip on a boat. Fortunately, you likely have the opportunity to seek a lawsuit if you were injured on a boat by calling a Clearwater boat accident lawyer for your legal needs.
At Rivkind Margulies & Rivkind, P.A., our legal team has consistently handled and succeeded in getting our clients compensation for boat accidents and other related cases. A victim in a boat accident should not be forced to deal with all clear and unforeseeable expenses that result from their injuries. If you are interested in meeting a member of our legal team for a free case review, call us at (866) 386-1762. You may use our website as well for the scheduling of a consultation.
Parties Liable for a Clearwater Boat Accident
Boating trips could be a lot of fun, whether it was your first time or whether it is one of your favorite hobbies. However, there is still a chance that a passenger on a vessel may be injured because of negligence or because a safety protocol was not enforced. Consequently, the victim should be concerned about the parties that may be liable for the boat accident, as there could be one or multiple liable parties depending on the facts.
If you intend to sue after your boat accident, the owner of the boat could be named as a defendant in your case. The boat owner should always be sure to take steps to ensure that passengers on their vessel are safe. For example, if maintenance was not performed on the boat after months of use, there is a risk it could malfunction. If the boat owner’s negligence led to the accident, they could be sued to claim damages.
In some cases, a company may be responsible for a boat accident. When taking a boat tour offered by a company, a person expects that the crew working on behalf of the company will exercise caution. However, there are many ways that the crew could cause an injury to a passenger. For instance, if the captain exceeds the posted speed limits, passengers could trip and fall or possibly fall from the boat.
Note that while you could consider filing a lawsuit against the negligent crew members, it may be prudent to pursue the company that employs them. The employer would be better equipped to pay damages if you are successful in your case, especially if you have incurred thousands of dollars in medical bills and other expenses.
There is also the possibility that a boat accident was caused by another passenger. For instance, if alcohol was served on the boat and the actions of a drunken passenger caused you to fall from the boat, you may have a case against that person.
Call our Clearwater boat accident lawyers for guidance on beginning your personal injury claim.
Proving Negligence in Your Clearwater Boat Accident Case
Once you are aware of the parties that are liable for your injuries, you will need to prove how they behaved negligently. Depending on how the accident occurred, there may be several pieces of evidence that could use for your case. For example, if you have evidence that a crew member was intoxicated when the accident happened, this may be used to prove your case.
Witness testimony is also a vital tool for proving negligence. If another guest could verify that the accident happened due to the actions of the boat owner, you will want to present this evidence to the court. Our Clearwater boat accident lawyers are here to assist you in gathering evidence to prove that you should be compensated for your injuries.
Note that there are multiple elements of negligence and that you will need a solid amount of evidence to prove the following:
- The defendant owed you a duty of care (e.g., avoid steering the boat while drunk)
- The defendant was not able to uphold the duty of care
- You were sustained losses, injuries, or both due to the behavior of the defendant
After proving these elements, you could be awarded damages for all injuries and losses you suffered because of the accident. For example, if you suffered a bone fracture due to a slip and fall accident on a boat, you could request compensation for your medical expenses. You may also be given damages for the following:
- Loss of wages and future loss of wages
- Property damage
- Loss of consortium
This is not a complete list. There could be several other damages that may be awarded when analyzing the facts of your case. It is vital to speak with a Clearwater boat accident lawyer to determine the damages that you could receive in your personal injury case. Let our firm fight for you.
Meet with a Clearwater Boat Accident Lawyer Today
A boat accident is an unexpected experience that may change your life in more ways than one, which is why you should meet with a Clearwater boat accident lawyer. Rivkind Margulies & Rivkind, P.A., wants to give you qualified legal representation that will increase your chance of recovering damages after a boat crash or other type of accident. Call (866) 386-1762 for a free legal consultation today.