Boating can be a fun and relaxing way to enjoy a day on one of Kentucky’s many lakes and rivers. However, if an accident occurs on the water, it can lead to serious injuries, property damage, and even death. If you were involved in a boat accident and sustained injuries or damages, you are likely wondering about your right to sue and seek compensation. To learn more and secure skilled legal representation, continue reading and contact a knowledgeable Pike County, KY auto accident lawyer today.
Why Do Boat Accidents Occur?
Boat accidents can occur for a variety of reasons. Even the safest of operators cannot control certain factors, and often, reckless mistakes are made. Some reasons a boat accident may happen include:
- Operator negligence
- Operator inexperience
- Operating under the influence of drugs or alcohol
- Speeding
- Operator recklessness
- Equipment failure
- Improper maintenance
- Collisions with other boats or objects
- Failure to follow navigation laws
- Overloaded boats
- Unbalanced boats
- Inclement weather conditions
Kentucky state law implements a variety of rules and regulations that boat operators must abide by. When these rules are violated, accidents and damage are likely to occur.
Can I Sue for a Boat Accident in KY?
If you were harmed in a boat accident, you can sue the at-fault party for damages. The boat owner, boat operator, manufacturer, maintenance provider, or other boats or individuals could be liable for the accident and your injuries. You must be able to prove that the defendant was negligent or reckless and that their behavior directly caused your injuries and damages.
If the accident was caused by someone else’s negligence, you can file a personal injury lawsuit to seek compensation. You may be entitled to damages for the following and more.
- Medical expenses like hospital stays, surgery, medication, physical therapy, etc.
- Lost wages from time taken off work
- Pain and suffering
- Emotional distress
- Property damage
- Permanent disability
- Disfigurement
- Loss of enjoyment of life
How Can I Prove Negligence?
Remember, in order to secure compensation, you must prove that the other party was negligent. This is done through the four elements of negligence, which include establishing the following.
- The defendant owed you a duty of care
- The defendant breached the duty of care
- The breach of duty directly caused the accident and injuries
- You suffered actual damages as a result
For example, suppose that you were on a friend’s boat when they decided to start drinking heavily. They were intoxicated but insisted that they were fine to drive back to the dock. While intoxicated, they began driving recklessly and hit another boat, causing you to sustain injuries and property damage. Your friend owed you a duty of care to operate the boat safely and breached that duty, which caused the accident and your damages. If you can provide evidence of these events, you can secure compensation.
For more information and skilled advice, contact an experienced personal injury attorney today.
