Daytona Beach Boating Accident Attorneys
If you or a loved has been a victim of a boating accident, you could be entitled to compensation for your injuries. However, whether or not you are entitled to compensation and, if so, how much will come down to a determination of damages sustained and who is liable for the boating accident?
This determination of liability is essential to your case, and the standard that the law applies to boating accidents is whether or not a person involved in the accident had acted negligently. According to the law, negligence occurs when a person fails to conduct himself or herself as a reasonable person would under similar circumstances. Accordingly, in a Volusia County boating accident case, negligence will be determined by looking for such factors as these:
- Boating under the influence
- Reckless boating
- Operating an unseaworthy boat
- Equipment malfunctions
- Negligence or error by the driver
- Lack of training in boating safety
- Failure to follow safety precautions
In order to show negligence, you will need to be able to present evidence. Typical forms of evidence include boating accident reports, medical bills, photos of the accident scene, information on the other involved parties and the opinions of such experts as doctors and physical therapists.
In order to organize the evidence of your case, it is essential that immediately following a boating accident, you file an official accident report. In fact, according to the law, a boating accident report must be filed with the authorities no more than 48 hours following an accident that caused serious injury or death. Failure to file within this deadline could prevent you from being compensated for your injuries.
In addition to filing a boating accident report, you should also file a claim with your insurance carrier and, most importantly, call a boating accident attorney to discuss your claim. Having an experienced boating accident lawyer on your side will ensure you get the compensation you deserve for your boating accident injuries.
Call the Law Offices of James O. Cunningham, P.A. at 386-243-4994 for your free initial consultation if you have been injured in a Daytona Beach boating accident.