Boating Accident Lawyer - Injury Compensation
Our personal injury lawyers in Canada offer expertise that is second to none. If one of our boating accident lawyers represents you in your personal injury compensation claim you may rest assured that your case will be dealt with in an efficient, business like manner. If you would like to talk to a boating accident lawyer, just make contact and a lawyer who deals exclusively in personal injury compensation claims will give you advice at no cost on your boating injury with no further obligation.
If you have been involved in a marine accident you need to be represented by a specialist boat accident lawyer to ensure that you obtain maximum compensation for your injuries. Almost 100 fatalities and thousands of serious injuries occur every year in Canada as a result of capsizes, falls overboard, disappearances, fire, sinking, flooding, explosions and collisions with other vessels. Dangerous incidents can occur on a privately owned boat, a cruise ship, jet ski or ferry and injuries usually occur because of a reckless or negligent operator or boat malfunction. The operators of commercial ships, private boats and jet skis have a duty to exercise the highest degree of care to prevent personal injury to others.
The most common marine injuries are lacerations and broken bones which occur mainly as a result of open boat or jet ski accidents. If you were injured because an operator was negligent, you may be able to recover damages. The law in relation to boat accidents varies from Province to Province and in addition the circumstances of an accident may cause Maritime or Admiralty law to take precedence.
Our boat accident lawyers ensure that you get a fair deal by using risk free contingency fee arrangements. You will be given free advice on how best to pursue your claim and what actions you should take to preserve your legal rights. For no cost advice on marine law without obligation just call the lawyers helpline or complete the contact form or email our offices and a specialist boating accident lawyer will telephone you immediately to discuss your compensation claim.
Boat Accident - Facts & Figures
- There are almost 1,000,000 recreational vessels registered nationwide.
- Three quarters of all boating accidents involved males.
- Over one third of boating accidents were directly attributable to the use of alcohol and the cause of the majority of fatalities was alcohol related.
- About 70% of fatal boating accident victims drowned with most of the remainder being subject to serious trauma. Data indicates that more than half of those drowned could have been saved by wearing lifejackets.
- The most common accident was a crash with another vessel however, capsizing and falls overboard are the most reported types of fatal accidents and accounted for over half (57%) of all boating fatalities.
- Any boating accident that involves a fatality, injuries requiring medical treatment beyond first aid or reaches the property damage threshold must by law be reported to the state boating authority.
- Three out of four recreational boating fatalities occurs on boats of less than 26 feet in length and three quarters of the victims drown.
- Operator inattention / carelessness / recklessness / negligence / inexperience, and excessive speed are the leading contributing factors of all reported accidents.
- 27 children age 12 and under lost their lives while boating in 2003
- 80% of all reported fatalities occurred where the boat operator had not been trained in safety procedure.
Boating Accident in Canada
Canada is a beautiful country filled with lush scenery, breathtaking mountain ranges, thick forests and crystal clear lakes. Additionally, there are literally hundreds of waterways to take your boat out on and view these majestic sights. Fishing and water sports abound; however, during the months of summer, water-craft injuries tend to increase and the overall statistics show this is a dangerous time to be on the water.
August and July are the months in which water-craft injuries are most likely to occur according to CIHI statistics. In conjunction with this, individuals 20-59 years of age seem to be the main victims during these accidents. The statistics show that the average time an individual stays in the hospital with these injuries is roughly 5 days to a week.
Similarly, out of the 891 water related traumas that occurred between 2000 and 2001, 5% of the victims actually ended up losing their life. It's important to note that water-craft and boating injuries go hand-in-hand with drowning related injuries. The majority of near drowning related hospital visits occurred in patients that were 20 years of age or younger and represented 153 of the 891 victims in that time span.
The Red Cross has provided extensive research to support that the majority of water-craft and boating accidents that take place in Canada are from recreational users. A shocking 86 percent of the overall fatalities that occurred between 1991 and 2008 were from recreational watercraft and boat users. The other 12% of fatalities were a result of occupational accidents that happened while on the job. Out of those numbers, 62% of the boats were powerboats and 33% were unpowered boats.
Use the Safe Boating Guide to read through the requirements for boat ownership, find a list of providers of the accredited safety course in your area, as well as licensing and registration requirements. The safe boating guide is packed with information for safe boating in Canada and should be required reading for all boaters. In fact, all motorized boat (depending on the size some sail boats and other crafts, check the guide) operators are required to carry and “show proof of competency” while operating one of these vessels, except in the Northwest Territories or Nunavut. This can be accomplished by showing your “Pleasure Craft Operator Card” after completing one of the accredited safety courses. To receive additional information about safe boating you can call the helpline at 1-800-267-6687 or how to get a replacement for a lost card.
Accidents, injuries, drownings, and death happen to even the safest of boaters. But, if you or a family member were injured due to the negligence, drug or alcohol impairment, or failure to follow the “rules of the road” while operating on Canada’s waterways, you may be due financial compensation for expenses.
If an injury required emergency department care with follow-up care, disfigurement, paralysis, or death the negligent boater may be liable for damages to include pain and suffering within lawful thresholds.
As painful as an injury can be, permanent paralysis can be devastating for the victim and the family. Renovations to your home and vehicle may be required to allow access for wheelchair bound victims. This can drain a family financially, especially if the victim is the family’s sole source of income. Civil liabilities could include compensation for loss of future potential income regardless of the victim’s employment status.
Determining liability and what expenses a negligent person can be held accountable for is a complicated legal process. It is advisable to contact an experience boating accident lawyer as soon as possible, so they can gather the facts and together decide a course of action.
Boating Accident Lawyer
In some cases, presenting the facts to the insurance company is all it takes to receive compensation, but some insurance companies will not offer adequate compensation. In other cases, some insurance companies will make a low-ball offer right away, knowing there may be additional expenses later. So, never negotiate a settlement with an insurance company without a knowledgeable boating accident lawyer to give advice and counsel.
Our boating accident lawyers can give you an estimate of the possible strength of your claim and discuss what expenses can be included, as well as the pain and suffering thresholds allowable in your particular case. To receive free professional guidance, call or email us today to set up a no cost, no obligation consultation to discuss the facts.
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