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With summer in full swing, many Kentuckians have been enjoying recreational boating, water-skiing, tubing, or operating a jet ski across the state’s many lakes and rivers. Unfortunately, accidents on the water are common, resulting in serious injury or even death.
Damages Available
Similar to a car accident lawsuit, when a boater acts negligently and you become injured as a result, you are entitled to damages. Those damages may include medical bills, lost earnings, lost earning capacity, in addition to pain and suffering. Additionally, a personal injury claim is a way to hold the other party — whose negligence caused you harm — responsible for their actions.
Determining Negligence
If a person fails to act with reasonable care under the circumstances, resulting in you being injured, a negligence claim can be made. Your lawyer will investigate your accident and gather crucial evidence to build an effective case proving that your injuries resulted from their negligence.
Who Can Be Sued After the Accident
You may be able to take legal action against:
- Boating operator
- Boat owner
- Boat passenger
- Boat rental company
- Watercraft manufacturer
- Jet-Ski rider
- Anyone else involved in the accident
Contributing Factors in Boating Accidents
- Operator inattention
- Excessive speed
- Alcohol use
- Operator inexperience
- Improper lookout
- Lack of proper safety equipment
- Mechanical failure
- Navigational rules violation
- Weather
- Debris or obstructions in water
- Force of wave or wake
Will Insurance Cover the Accident?
If the person you’re suing has no boaters’ insurance, then other options to recover damages can be sought. Homeowner’s insurance might provide insurance coverage for boating injuries, but not all boat owners have boating coverage through their homeowner’s policy. Also, not all boat owners have homeowner’s insurance. Your homeowners’s insurance will not cover you for this type of injury, and motor vehicle insurance does not cover injuries on boats.
What You Can Do
If you have been injured in a boating accident, or while jet-skiing, water skiing, or tubing, you should seek expert advice as soon as possible following the accident. Frank Jenkins Law Office has decades of experience helping injured clients secure maximum compensation.
