While boating can be an enjoyable form of recreation, it can also be hazardous. Arizona offers beautiful lakes, a welcome relief from the summer heat. During the summer, boaters flock to these lakes to fish, swim, jet ski, or just relax. With so many boats on the water, accidents are unfortunately a regular occurrence. If you or a loved one has suffered an injury in an Arizona boating accident, you may still be recovering from the physical and psychological trauma associated with these injuries. If the accident was caused by someone else's carelessness or recklessness, consider contacting an experienced Arizona personal injury attorney to help you seek compensation.
Below are some of the most common circumstances giving rise to a boat accident:
Liability for boating accidents is typically based on a theory of negligence. Negligence arises when a defendant’s conduct falls below the standard of care of a reasonable person. Generally, to hold a person liable for a boating accident, the victim must be able to show that:
Typically, the party who will be held liable for a boating accident is the person who was in control of the boat at the time of the accident. However, in cases where there was a mechanical defect of some sort, it is possible that the manufacturer, retailer, or mechanic responsible for the defect could be held liable. This could also apply to the rental company; if the boat was rented, generally the rental company is responsible for making sure the boat is in working order.
Arizona courts apply a rule called “pure comparative negligence”. Even if the victim is found to be partially at fault for the accident, they are not barred from recovering some damages from the tortfeasor. For example, in a collision, more than one boat operator can be found at fault. This is a question for a jury. If the victim was driving over the speed limit, but the accident would not have occurred if the defendant driver had not been under the influence while operating the boat, then a jury may find that the victim was 25% at fault, while the defendant was 75% at fault. The victim’s damages will be reduced by their amount of fault.
Though every case is unique, there are a few categories of damages that injury victims may be able to recover from the at-fault party. These damages can generally be categorized into economic and non-economic damages.
Economic Damages
Economic damages include expenses incurred from the accident, such as:
It is important not to minimize the value of your claim. If you fail to account for all future medical expenses you may incur as a result of the accident, you may miss out on a significant amount of damages.
Non-Economic Damages
Non-economic damages on the other hand attempt to reimburse the victim for the intangible losses they suffered, such as:
Punitive Damages
In some rare cases, a victim may also be able to recover punitive damages. Punitive damages are awarded to victims to punish wrongdoers for causing harm that was intentional or deliberately indifferent to the safety of others. While these are rare, an experienced attorney can identify when punitive damages are appropriate and present strong arguments to hold the at-fault driver accountable.
Under Arizona law, when a boat operator is involved in a collision or other casualty, the operator must:
Any accident that results in an injury or death must be reported within 48 hours. Accidents resulting in property damage exceeding $500 must be reported within five days of the accident. These reports go to the Arizona Game and Fish Department. This report can be found here.
The most important step to take after suffering an injury in a watercraft accident is to seek medical attention as soon as possible.
Boat operators are expected to follow all of the rules and regulations on the waterways. Though taking a boat out for a ride can be a relaxing, leisurely activity, even recreational boat operators have a lot of responsibility to keep lakes and other waterways safe for all users. If you or a loved one was seriously injured in a boating accident in Arizona, you should consider speaking with an experienced personal injury attorney right away. Accident victims in Arizona have two years from the date of the accident to file a lawsuit, which is why it is critically important to speak with an attorney right away to ensure your claim is filed on time. A boat accident victim should be able to focus on recovering from their injuries while their lawyer handles their claim from start to finish. Talk to an experienced Arizona lawyer for a free consultation.