While you are not obligated to know the history of maritime law, understanding it can help you navigate the legal process if you are in a boating accident. Maritime law was established in the early 1700s when the English Parliament passed the first statutes that limit shipowners’ liability, and the United States followed about 100 years later.
Shipowners assume a lot of risks when they transport goods or people over water, and they were facing unlimited liability, which means that they risked losing everything. There was pressure to grow the shipping industry, so to make it more appealing, Parliament passed a statute that protected shipowners by limiting their liability.
Boat Insurance
You may be able to recover losses through the liable party’s boat insurance. Boat insurance usually covers bodily injury liability, property damage liability, collision, uninsured or underinsured motorist, and medical coverage. It may also include comprehensive coverage which can protect your boat or any equipment on it from losses or damage due to fire, theft, or storms.
Just like when an uninsured motorist or underinsured motorist coverage works on land, if a boater gets in an accident with someone who does not have boat insurance or does not have enough coverage, then their own plan will cover it.
But some people do not get separate boat insurance. This may make your case more complex, which is why it’s a good idea to seek professional legal help. If a boat owner has a “rider” on their auto insurance policy that covers injuries while boating, then this rider may not provide enough coverage that you need. Or they may have purchased an umbrella homeowners’ policy that covers injuries that occur while on the boat.
Another reason why it is important to speak to an attorney is that they can advise you if you have been in an accident with a commercial vessel, such as a fishing boat or a river cruise ship. These companies generally you have boat insurance, and generally at higher limits than many personal insurance policies.
Calculating Liability
It’s impossible to know how much money you are going to receive from your injuries. Your compensation will be based on calculating the total expenses from the following:
- Medical expenses: this includes any long-term care that you may need for severe injuries, such as follow-up surgery or physical therapy. If you need continuation of care, then you definitely need to speak to a lawyer about your case
- Lost wages: These not only wages that you have already lost from this time of work, but future lost earnings if you are unable to return to work or must find a new location because your injuries prevent you from doing what you were before.
- Property damage: if your watercraft vessel was damaged in the accident, then you may be able to recover damages.
The best way to approach a case is to hire a personal injury attorney with years of experience in maritime law.
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