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While boat accidents are far less common in Indiana than auto accidents, collisions between boats out on the water are still extremely dangerous and even deadly in many situations. Fortunately, just like you could if you were hurt in a truck crash caused by someone else, you can potentially hold the negligent person legally liable for your boat accident-related losses.
Getting a positive result out of a boat collision lawsuit is not easy, though, and you may have significant trouble getting any civil compensation without help from a knowledgeable personal injury attorney. By working closely with a Gary boat accident lawyer, you can dramatically improve your odds of securing a favorable case outcome and getting compensated fairly for your injuries.
In most respects, negligence on a “navigable waterway” in Indiana (such as Lake Michigan) works the same as negligence on a public highway or local road. Every person who operates a maritime vessel—whether it is a jet ski, a sailboat, or a giant luxury yacht—assumes a “duty of care.” This duty requires them to obey all applicable laws governing boat operation and to act like a reasonable person while in control of their boat. Anyone who breaches this duty and directly causes an accident resulting in injury is legally “negligent.”
A boat accident victim who can prove someone else caused that accident through “negligence” could hold that other person financially liable for all economic and non-economic forms of harm they then experienced. This can include both past and future losses relative to the date the litigation process begins, such as:
A boat crash attorney in Gary could play a central role in identifying, determining a fair value for, and demanding fair restitution for all of an injured person’s losses.
A court might find that an injured person filing suit over a boat accident bears some fault for causing that accident through their own negligent conduct. In that case, the court may assign that person a percentage of total fault for the incident and reduce their final damage award’s value in proportion to that percentage. If the court were to find that person more than 50 percent at fault compared to all other involved parties, Indiana Code § 34-51-2-6 would prohibit that person from getting any civil compensation for injuries stemming from that incident.
In addition, IN Code § 34-11-2-4 gives most injured people just two years after the date of the incident to begin filing suit for their losses. Assistance from a seasoned lawyer is vital to overcoming any procedural hurdles during a boat accident claim in Gary.
Boat accidents can be uniquely traumatic and life-altering experiences to go through under any circumstances. If you know your accident could have been prevented by just one person acting more responsibly, you may have grounds to hold that person financially responsible for all your losses.
A Gary boat accident lawyer could work tirelessly on your behalf to share how the accident has affected you physically, emotionally, and financially. Call today to learn more during a free consultation.