Because of the comparative lack of safety features like seatbelts and airbags, as well as the ever-present risk of drowning, collisions between boats can be more dangerous than auto accidents in many situations. Fortunately, you may have grounds to file suit over injuries you sustained in a boating accident like you might after getting seriously hurt in a car crash.
Civil claims built around wrecks involving a commercial or private watercraft can be complicated in ways that many other personal injury cases may not be. When you want a better chance at obtaining fair financial recovery for your injuries, working closely with a seasoned Reading boat accident lawyer may be a necessity.
State law requires most people involved in boat collisions to file written accident reports with the state Fish and Boat Commission. More specifically, 58 Pennsylvania Code § 101.2 requires a person to file a report when a boating accident results in any of the following:
A person must file this report within 48 hours of any incident resulting in an injury, disappearance, or death. Otherwise, the deadline for submitting an accident report is 10 days after the incident. A lawyer in Reading could ensure a person files this report correctly and within the required timeframe.
Civil lawsuits and settlement demands over boat accidents typically center around proving one or more people involved directly caused it to occur through their own negligence. Under state law, someone is negligent when they directly cause an injury to someone else by doing something reckless, careless, or illegal that violates a duty of care they owed to the injured person. For example, all boaters have a duty to follow applicable laws and watch out for other vessels and people near them in the water.
Someone found liable for a boat collision or other type of waterborne accident based on their own negligence may be held financially accountable for every past and future loss the accident causes for the injured person filing suit. As a boat injury attorney in Reading could further explain, this could include economic forms of harm like medical bills and boat repair and replacement costs and non-economic forms of harm like physical pain and emotional distress.
Someone being hurt in a boat collision does not make them immune from being found partially at fault for their injuries based on their own negligent behavior. Any share of comparative fault assigned to an injured person may result in a reduction of their final damage award in proportion to their share of total fault or even in them being barred from recovery altogether, in accordance with 42 Pennsylvania Consolidated Statutes § 7102. Representation from a dependable boat accident lawyer in Reading could be key to contesting these sorts of allegations and ensuring they do not lead to an injured person missing out on much-needed compensation.
Whether you were operating or just riding as a passenger on a boat involved in a serious accident, you may have grounds to file suit over any injury you can trace directly back to that incident. However, determining who exactly holds the blame for your injury is far from a simple process, especially when you try to pursue your case alone.
Assistance from a knowledgeable Reading boat accident lawyer could make a huge difference in your chances of case success. Call today for a consultation.