Being on the water, whether you are fishing, skiing, or simply going for a joy ride, is one of life’s great pleasures. With several lakes near Athens, including Oconee, Burton, Lanier and Hartwell, residents have plenty of options to enjoy the water. However, there are some people who choose to not abide by the rules that are designed to keep everyone safe on the waterways. When those few people break the safety rules and people are injured in these situations, the injured victim will need professional legal representation to ensure that justice is provided to them.
When an accident happens on the water, it is crucial to contact the Athens boating accident attorney at The Law Offices of Joshua W. Branch. Call (706) 850-4994 or complete an online form today to discuss your legal options.
According to the United States Coast Guard, there were nearly 12 million recreational boats registered in the U.S. in 2015 and more than 327,000 on the water in Georgia. Our own Athens-Clarke County is home to nearly 425 miles of waterways. Unfortunately, 85 boating accidents occurred in Georgia in 2015 alone, resulting in 51 injuries and 22 deaths. Georgia was ranked in the top ten for reported boating deaths during that year after boating deaths increased by nearly 70% from 2014 to 2015.
Many of these casualties could have been prevented if boaters followed the laws and safety rules laid out to protect them. Boats upon the navigable waters of this state are governed by rules and regulations in a similar manner as automobiles. The State of Georgia has a list of rules and regulations which govern boating use.
Improper operation, such as operator inattention, failure to assess the waterway, or alcohol use, was the primary contributing factor in more than 2,000 boating accidents across the country in 2015. Not surprisingly, the majority of boating accidents occur in the summer months, when the weather is warm and thousands of people are out enjoying the water. Unfortunately, crowded waterways also increase the risk for collisions with other boats, which accounted for nearly 1,000 boating accidents in 2015 and more than 600 injuries.
Proper compensation for property damage, missed work and medical bills is hard to attain, and when someone suffers a personal injury because of a boating accident and sustain severe injuries caused by another, they will need professional legal representation, advice, and counsel as soon as possible to ensure they receive a fair and reasonable outcome.
And should a love one perish in such an accident, they will need the aid of an attorney to help file a wrongful death lawsuit in Georgia. They need a legal advocate like Josh W. Branch, who is aggressive in protecting their rights but compassionate in understanding what they are going through.
Liability depends on the circumstances of the accident. The boat operator may be responsible for negligent or reckless operation. A boat owner who allowed an inexperienced or impaired person to operate their vessel may share liability under a theory similar to negligent entrustment. A boat manufacturer could be liable if a defect in the vessel or its equipment contributed to the accident. In some cases, a marina or rental company may also bear responsibility if they failed to maintain a vessel properly or rented it to someone they knew to be unqualified.
Yes. Georgia’s boat operation laws are enforced by the Georgia Department of Natural Resources and require boat operators to exercise reasonable care at all times. Operating a boat under the influence of alcohol or drugs is illegal in Georgia, with a blood alcohol concentration limit of 0.08%, the same as for motor vehicles. Operators are also required to maintain a proper lookout and operate at safe speeds given the conditions. Violations of these rules can be strong evidence of negligence in a civil claim.
Boating accidents can cause a wide range of serious injuries, including traumatic brain injuries from falls or collisions, spinal cord injuries, broken bones, lacerations, propeller injuries, and drowning or near-drowning. Many boating accident victims are thrown from the vessel or end up in the water, which significantly increases the severity of the harm. These injuries often require extensive medical treatment and long recovery periods.
If the boat operator was under the influence of alcohol or drugs at the time of the accident, that is a significant factor in establishing liability. A criminal charge for boating under the influence does not need to be filed or result in a conviction for you to pursue a civil claim. Evidence of impairment, including witness accounts, law enforcement reports, and field sobriety test results, can be used to support your case and may open the door to punitive damages.
Depending on the facts of your case, you may be able to recover compensation for medical expenses including emergency treatment, surgeries, and ongoing rehabilitation, lost wages and reduced earning capacity, pain and suffering, permanent scarring or disability, and property damage to your vessel or personal belongings. In cases involving particularly reckless conduct, such as operating a boat while intoxicated, punitive damages may also be available.
It depends on the policy. Some homeowner’s insurance policies provide limited liability coverage for small watercraft, while larger boats typically require a separate watercraft or marine insurance policy. If you were injured on someone else’s boat, their insurance may be the primary source of recovery. An attorney can help identify all available coverage and handle communications with the insurer on your behalf.
As a passenger, you generally have the right to pursue a claim against the negligent operator or owner of the vessel, even if they are a friend or family member. Your claim would typically be directed at their insurance policy, not at them personally. Many people hesitate to take this step, but it is often the only way to recover compensation for serious injuries.
In Georgia, you generally have two years from the date of the accident to file a personal injury lawsuit. If a government-owned vessel was involved, the deadline and filing requirements may be different and considerably shorter. Acting quickly also helps preserve important evidence, including the vessel’s condition, witness accounts, and any available surveillance or camera footage from the waterway or marina.
Boating accident cases involve a unique combination of state and federal maritime law, insurance issues, and technical evidence. They are not straightforward claims, and insurance companies handling these cases are experienced at minimizing payouts. Josh Branch has spent time on the defense side of personal injury cases, which means our team understands how insurers assess liability and value these claims. We put that knowledge to work for our clients to pursue the full compensation they are owed.
Personal injury lawyer Josh W. Branch has the knowledge in both legal and medical fields necessary to fully understand the scope and effect of these unfortunate and avoidable injuries. With his extensive law experience involving areas of property damage, medical bills, and negligent citizens, it is possible for you to be fairly compensated for the value of the accident.
Make our local law firm your legal family when choosing your personal injury attorney in Athens, GA. At The Law Offices of Joshua W. Branch, we are your local and trusted personal injury firm in Clarke County. You will always know you are cared for and that you will receive the utmost in justice.
When you reach out to our team, you speak with someone who is ready to listen. We offer free consultations and are available 24/7, because we know injuries don’t follow a schedule.
Your information is confidential. We respect your privacy.
