Have You Suffered Injuries in an Atlanta Boating Accident?
In Georgia, any person must act like a reasonable person would in the same and/or similar situation; the failure to do this is called negligence. Negligence is not just the foundation of car accident lawsuits, it can also be the foundation of any personal injury lawsuit, including those resulting from boating accidents. Have you been in a boating accident? If so, you need the assistance of an Atlanta personal injury lawyer right away.What is a Boating Accident in Atlanta?
A boating accident is any collision involving a boat. The boating accident may involve one boat, two boats, or more. Boating accidents often involve boat operators not following boating laws while in the water, and they often result in damages to persons and property. Physical injuries incurred in boating accidents are often quite serious, and due to the proximity to bodies of water, they can often lead to death by drowning.The Common Causes of Boating Accidents in Atlanta
An Atlanta personal injury lawyer will investigate the cause of your boating accident, whether it is evident or not, in order to build a strong case against the negligent boat driver. The causes of a boating accident vary depending on the circumstances. The most common causes of a boating accidents include:
- Operating the boat while distracted
- Operating the boat while under the influence of alcohol and/or drugs
- Excessive speeding
- Failure to following boating safety laws
- Operating a boat without proper boating qualifications
- Boating in waters closed to the public
- Overloading a boat
- Mechanical or design defect of the vessel
Negligence is the failure to operate a boat like a reasonable person would operate a boat in the same and/or similar circumstances. In other to successfully prove that negligence occurred, a plaintiff must establish four things:
- The negligent boater had a legal duty to prevent harm from occurring to the victim. A legal duty involves the legal responsibility of not causing an accident that injuries an innocent victim.
- The negligent boater violated the legal duty by causing the accident with injuries.
- The negligent boater directly or indirectly caused the boating accident that led to the plaintiff’s injuries. Georgia law requires a plaintiff to prove the boat operator caused the accident. This involves showing how the accident happened. For instance, the boater was speeding at the time the accident happened.
- The plaintiff is owed damages because of the boater’s negligence. Damages are any accident-related expenses like medical bills, lost wages, and property damage. If the prior three steps are successfully proven, the plaintiff typically receives damages.
You may have a lot of questions about your boating accident. You may be unsure of whom to sue for your injuries, or whether you have a case at all. An experienced personal injury attorney in Atlanta can help. Contact us immediately for help with your boating accident.