Liability plays a big part in your boating accident case, and evidence is important in getting your case to court. However, proving liability is not simple, especially when you are injured and fighting to get well. That is where the Diaz Law Firm can help. We send our investigators to the accident scene, where they interview witnesses and analyze how the accident occurred and who was at fault.
Liability can be a complex process, specifically if multiple vehicles are involved. For example, in Mississippi, comparative fault is critical in your case. If more than one person shares the fault, the court will determine the percentage of fault that is involved. Your boating accident attorney will use accident reconstruction and other techniques to give the court a clear picture of the crash. The Diaz Law Firm covers every aspect of your accident, so you get the compensation you deserve.
Aspects of Liability
Liability is the sum of one’s acts and behaviors that cause harm to another person. Responsibility can be broken down into the following factors.
This occurs when a boater fails to take the level of care a prudent person would under the same circumstances. Examples of this would be speeding, boating while impaired or yielding the right of way. When someone speeds they are often unable to control their boat. This can lead to an accident.
Driving While Impaired
If the boater causes injury or death to another person while intoxicated with drugs or alcohol, they can be held criminally or civilly liable. The injured person or a decedent’s family can lodge a civil lawsuit against them for the monetary expenses associated with the crash. Unfortunately, this happens all too often, and your lawyer can help you build a strong case against the at-fault party.
Many boating accidents occur due to defective equipment or a lack of maintenance. A product liability lawsuit can be lodged against the boat manufacturer if the equipment is defective. Alternatively, the boat owner or the rental agency can be responsible if boat maintenance is lacking.
When boating regulations are ignored, it can be considered a liability. Examples of this would be the lack of sufficient lifejackets or not using navigational lights after dark.
Water Activities and Passenger Behavior
Some boaters engage in water or jet skiing. If they do this in an unsafe manner, they may be considered to be at fault. Another scenario exists when a passenger behaves so as to interfere with the safe handling of the boat. The passenger may be considered at fault.
Lack of Experience
When a boater operates their boat without the needed experience or training and causes an accident, they may be considered liable for the accident. Boaters must know how how to handle a boat before taking it to the water.
Statute of Limitations for Boating Accidents
An injured person’s deadline to file a lawsuit in Mississippi is three years from the accident date or when the injured person should have discovered it. If the case is not filed in this time, it will not be able to go to court.
The Diaz Law Firm
To understand the complexities and specifics of a particular boating accident in Mississippi, one should consult a legal professional specializing in personal injury or maritime law in the state. At the Diaz Law Firm, we do everything possible to help you get the compensation you deserve. Call us at (800) 459-2222 to schedule a free case review. We can also be reached online.