According to the United States Coast Guard (USCG), there were 4,439 boat accidents in the U.S. in a recent year, resulting in 658 deaths, 2,641 injuries, and $67.5 million in property damage. The Georgia Department of Natural Resources (DNR) reports that there were 114 boating incidents in the state in 2021, including 243 boating under the influence (BUI) offenses, 67 injuries, 14 fatalities, and 69 drownings.
Boat accidents can be very confusing personal injury claims for you to handle because liability is not always apparent, and there can be several other challenges in obtaining financial compensation for injuries. If you were involved in a boat accident, you want to quickly seek the help of an experienced Marietta boat accident attorney so you can have the right assistance in determining how to file a legal claim.
Common Causes of Boat Accidents
According to the USCG, when the cause of death is known, 81 percent of victims drown in boat accidents, and 83 percent of such victims were not wearing life jackets. Alcohol use is the lead known contributing factor in fatal boating accidents, listed as a leading factor in 16 percent of cases.
Other common causes of boat accidents include:
- Hazardous waters
- Improper lookout
- Falls overboard
- Operator inattention
- Sinkings
- Operator inexperience
- Fires
- Excessive speed
- Equipment failure
- Inclement weather
- Breakdowns
- Navigational rules violations
- Reckless actions by drivers or passengers
- Force of waves or wakes
- Lack of proper safety gear
Boat Accident Injuries
Boat accidents have the potential to cause severe injuries in many cases, and you could face prolonged periods of hospitalization and many months or even years of rehabilitation. Boat accidents have the potential to cause such injuries as:
- Fractures or broken bones
- Back injuries
- Knee injuries
- Leg injuries
- Neck injuries
- Arm injuries
- Concussions
- Closed head injuries
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Paralysis
- Crush injuries
- Internal injuries
- Skull fractures
- Permanent nerve injuries
- Amputations
- Severe burn injuries
- Wrongful death
POSSIBLE BOAT ACCIDENT LOCATIONS
There are several locations in and around the greater Marietta area in which you could use recreational boats. Some of the common boating locations in Georgia include:
- Lake Allatoona
- Lake Blackshear
- Lake Lanier
- Lake Oconee
- Lake Burton
- Lake Blue Ridge
- Carters Lake
- Lake Chatuge
- Goat Rock Lake
- A.H. Stephens State Park
- Crooked River State Park
- F.D. Roosevelt State Park
- Florence Marina State Park
- Fort Mountain State Park
- Fort Yargo State Park
- George L. Smith State Park
- Jack Hill (Gordonia) State Park
- Hard Labor Creek State Park
- High Falls State Park
- Indian Springs State Park
- James H. “Sloppy” Floyd State Park
- Kolomoki Mounds State Park
- Reed Bingham State Park
- Seminole State Park
- Stephen C. Foster State Park
- Sweetwater Creek State Park
POSSIBLE DAMAGES IN A BOAT ACCIDENT CASE
When you are involved in a boat accident, you may be entitled to seek financial compensation, known as damages. Compensatory damages typically involve a combination of economic damages and noneconomic damages.
Economic damages are actual losses that can be proven and calculated. Examples include:
- Medical bills
- Lost wages
- Ambulance transportation costs
- Hospitalization costs
- Nursing care costs
- Follow-up medical care costs
- Property damage
- Medication costs
Noneconomic damages are not quantifiable. Some of the kinds of these damages can include:
- Pain and suffering
- Loss of bodily functions
- Emotional distress
- Permanent disability
- Physical pain
- Disfigurement
- Loss of enjoyment of life
- Reputation and humiliation damages
Boat accidents causing wrongful death can lead to such damages as:
- Funeral and burial expenses
- Medical expenses resulting from a deceased person’s final injury
- Lost wages and benefits a deceased person would have been able to earn if they had lived
- Loss of companionship, comfort, care, and affection of the deceased person
- Survivors’ grief or sorrow
- Any pain, suffering, or disfigurement the deceased experienced before death
There could also be a case for punitive damages, vindictive damages, or exemplary damages in some cases, and Georgia Code § 51-12-5.1 states that these damages can only be awarded in tort actions in which it is proven by clear and convincing evidence that a defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. They are not awarded as a form of compensation but more to punish the defendant.
What To Do After a Boat Accident
Boat accidents will be confusing situations to understand. Important steps you should take include:
- Seek medical attention — Anybody involved in a boat accident must always get prompt medical treatment for their injuries. Even when you do not think you were hurt, medical attention is still important because several injuries could involve delayed symptoms, and you do not want to delay visiting a doctor because insurance companies will be very likely to challenge any injury claims if there is any window of time between the date of an accident and medical attention. Create a medical record as soon as possible after any boat accident.
- Call the police — You should always get law enforcement involved when there are any injuries or extensive damage to a vessel.
- Report the accident — An operator involved in a boating accident must stop their vessel immediately at the scene of an accident, assist any person who was injured (unless doing so would endanger themselves), and give, in writing, their name, address, and vessel identification to any injured person or property owner when property is damaged in an accident. Vessel operators must report accidents by the quickest means possible when an accident results in death, the disappearance of a person, injury requiring first aid, or property damage exceeding $2,000. An owner or operator must file an accident report as supplied by the Georgia DNR, and most reports of accidents must be made within five days of the accident. A person must report an accident within 48 hours if someone dies within 24 hours of an accident, is disabled for more than 24 hours, requires medical treatment for their injuries, or disappears from a vessel.
- Get boater information — When a boat accident involves another vessel, you want to get the names, phone numbers, addresses, and insurance information for other boaters.
- Preserve evidence — Always take photographs or video of boats and any other relevant circumstances relating to a boat accident, and try to get close-ups of damage. Also photograph your injuries while they are at their worst.
- Contact your own insurance company — You can report an accident to your own insurance company but you may want to wait to file a claim with another insurance company until you have legal representation.
- Call a lawyer — You will need to retain legal counsel without delay after any boat accident. Make sure you have a legal professional on your side who can help you explore your rights and ensure that a negligent party is held accountable.
Schedule a Free Consultation With Our Marietta Boat Accident Lawyer
If you suffered serious injuries or your loved one was killed in a boat accident in the greater Marietta area, you will want to get legal help right away. Spaulding Injury Law understands how confusing these types of claims can be for most people, and we will work closely with you so you can understand all of your rights in these cases.Our firm encourages you to read our Google reviews, many of which are five-star reviews. You can call us or contact us online to arrange a free consultation.
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