Boating is a favorite pastime in Maryland. However, boat accidents happen each year, leading to devastating property damage, injuries, and fatalities. If you or a loved one has been injured in a boat accident, you might be wondering whether you can pursue legal action for your damages. Please continue reading as we explore who can be held liable for your boating accident and how a skilled Prince George’s County Personal Injury Attorney can help you fight for the justice you deserve.
What Are the Most Common Types of Boating Accidents?
To minimize boating accidents and related damage in Maryland, it’s essential to understand their common types and primary causes. Boat accidents can include:
- Colliding with other vessels
- Striking stationary objects
- Capsizing
- Flooding or sinking
- Fires or explosions
- Grounding
- Drowning (passengers falling overboard)
These accidents are often caused or exacerbated by:
- Inexperienced boat operators
- Distracted operation
- Excessive speeding
- Operating while under the influence of alcohol or drugs
- Inclement weather conditions
- Hazardous waters
- Violating maritime rules
- Overloading
- Equipment failure
Can I Sue After a Boat Accident in Maryland?
If another party’s negligence or reckless behavior caused your boating accident, you are entitled to file a personal injury lawsuit to recover damages. While you can sue the at-fault party, for a successful claim, you must establish the following:
- The defendant owed you a duty of care to operate the vessel safely and responsibly.
- The defendant breached the duty of care.
- The breach of duty directly caused the accident and your resulting injuries.
- You suffered actual harm, including compensable damages like medical expenses, lost wages, pain and suffering, and property damage.
To substantiate your claim, you will need substantial evidence such as medical records, accident reports, witness statements, and photographs to bolster your claim, increasing the likelihood of securing just compensation for the injuries and losses you have endured due to the accident.
Who Can Be Held Liable?
It’s important to understand that liability in boat accidents can extend to multiple parties depending on the unique circumstances of the accident. Potential liable parties may include:
- The boat operator: If the boat operator was negligent, such as speeding or operating under the influence, they can be held liable for your damages.
- The boat owner: If the boat owner knowingly allowed a non-qualified operator to use the vessel, or if the boat had a known mechanical defect that contributed to the accident, they may be responsible.
- The boat rental company: Rental companies are responsible for maintaining their vessels and bear liability if their failure to do so caused the accident.
- The manufacturer: If the accident was caused due to a defective boat part, the manufacturer can be held liable for damages caused by those defects.
- Passengers: If a passenger interfered with the operator or engaged in reckless behavior, they may face liability.
Determining liability often requires a thorough investigation and the consideration of various factors. At McCarthy, Winkelman & Mester, L.L.P., we are prepared to help you navigate your legal options and fight for the compensation you deserve. Connect with our legal team today for more information.
