Electronics: Brian's Bay

Boat Truck

Boating Accidents: Who is Liable?

If you are hurt in a truck accident with a commercial vehicle, you can often sue not just the driver, but also the truck owner, the shipping company, the truck maintenance company, the loading company, the cargo owner, and many other individuals whose negligence may have contributed to either the occurrence of the severity of the accident through negligent maintenance or hiring practices. The same should be true if you are involved in a boating accident, right?

Not in Florida. In Florida, the statutes state that “liability for reckless or careless operation of a vessel shall be confined to the operator in immediate charge of the vessel and not imposed upon the owner of the vessel, unless the owner is the operator or is present in the vessel when any injury or damage is occasioned by the reckless or careless operation of such vessel.” This is more extreme than international law, which limits liability of owners whose vessels cause personal injury, but still holds owners responsible.

A Statute Favoring Corporations

Those most often protected by this liability limit are corporate boat owners, who are less likely to be on their vessel at the time of any accident. Owner-operators and recreational boat owners are more likely to be held fully liable for any boating accident, because they are more likely to be either operating their vessel or onboard the vessel at the time an operator makes a violation that is termed “reckless or careless operation.” This not only skews the competitive environment against owner-operators in terms of any form of commercial boating operation, but also creates a dangerous environment where a corporation can perform nominal checks in hiring a boat operator, then wash its hands of any consequences that occur as a result of the operators less-than-superb performance.

Pursuing Those Responsible

If you’re injured in a boating accident and try to receive compensation for the full extent of your injuries, you may find yourself stymied by this law. You find that the only person you can sue has little insurance and even less income, leaving you with huge bills and losses from the accident and no possible recourse.

This may be the time to seek out a boating accident lawyer. Although the law protects owners from direct liability, there are a number of ways in which a lawyer can make those truly responsible pay for their actions and your injury. Negligent hiring, negligent entrustment, negligent training are just a few of the practices that your lawyer can expose. In addition, your lawyer can show how the accident was caused or worsened by defective equipment on the boat due to negligent maintenance.

About the Author

If you have been injured in a boating accident, don’t go it alone. Instead, consult the website of the Jacksonville, Florida boating accident attorneys at Hardesty, Tyde, Green, and Ashton, P.C. to learn more about your rights.

Highland Truck Accident Lawyer’s Top Ten Things Drivers Wish They Hadn’t Failed to Contemplate in a Truck Accident

1. That tailgating a truck is pretty stupid.

 

2. That trucks have blind spots too.

 

3. That the truck to their right had to merge.

 

4. That they should look before merging into a truck.

 

5. Just how much weight a fully-loaded truck on eighteen wheels has.

 

6. That rear ending a truck is such a bad idea on so many levels.

 

7. That a car can get wedged partly underneath a truck.

 

8. How cars fare against trucks in accidents.

 

9. Slowing down and letting the truck do its thing.

 

10. How painful a truck accident could be.

 

Here are ten useful tips of advice from a truck accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a truck accident in Highland, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

 

Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.

 

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

 

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

 

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

 

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

 

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

 

Seventh, call a good truck accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good truck accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good truck accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most truck accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

 

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

 

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

 

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

 

If you’ve had a truck accident in Highland, Rialto, Redlands, Hemet, Perris, Colton, Yucaipa, Riverside, San Bernardino, Moreno Valley, Fontana, Apple Valley, or anywhere in Southern California, we have the knowledge and resources to be your Highland Truck Accident Lawyer and your San Bernardino Truck Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

 

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

About the Author

The Sebastian Gibson Law Firm serves auto, motorcycle and truck accident victims in Highland, Rialto, Redlands, Hemet, Perris, Colton, Yucaipa, Riverside, San Bernardino, Ontario, Rancho Cucamonga, Fontana, and Apple Valley. We also serve bicycle, pedestrian and car accident clients from San Diego to Orange County, Long Beach and Santa Monica, Palm Springs, Palm Desert and Indio, Santa Barbara, Ventura, Oxnard and San Luis Obispo, and all of Southern California.

Visit our website at http://www.sebastiangibsonlaw.com if you have a personal injury legal matter of any kind. We have the knowledge and resources to represent you as your Highland Truck Accident Lawyer and San Bernardino Truck Accident Attorney or your attorney in and around the cities of Corona del Mar, Laguna Beach, Huntington Beach, Irvine, Anaheim, Santa Ana, Carlsbad, Oceanside, La Jolla, Del Mar and Escondido. We also serve Orange, Fullerton, Costa Mesa, Corona, Westminster, Buena Park, Mission Viejo, Garden Grove, Chula Vista, El Cajon, Vista, San Marcos, Solana Beach, Encinitas, Laguna Niguel, Chino Hills, San Clemente, Pacific Beach, Coachella, Rancho Mirage, La Quinta, Joshua Tree, Chino and Norco.

Pyle 15.6-inch High Definition LCD TV with 12-volt Cord For RV/ Car/ Truck/ Bus/ Boat $209.99 The Pyle Pro PTC155LC delivers high-definition, full-resolution imagery at a competitive price. The included 12-volt cigarette lighter adaptor allows you to power this TV in your RV, boat or other recreational vehicle.

Pyle 12 Volt RV/Car/Truck/Boat 19” Hi-Definition LCD TV w/Built-in DVD Player $208.49 This Pyle Pro 19-inch 720p DVD/ LCD TV delivers high-definition with full-resolution imagery. The included 12 V cigarette lighter adaptor allows you to power this TV in your RV, boat, or other recreational vehicle.

Draw 50 Boats, Ships, Trucks and Trains $8.86 A new paperback edition in Ames’ popular drawing series for children.

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