When your adventure turns into a devastating or life-threatening collision, it can tarnish the experience and turn your life upside down. Fortunately, when you have the legal support and guidance of an experienced Downey boating accident lawyer at Simmrin Law Group on your side, you can rest easier.
You do not need to worry about the claims process, as your legal advocate will work tirelessly to gather the evidence to prove the defendant’s liability. This way, you can recover the compensation you deserve while you recuperate. Contact our team for a free consultation today to find out more about the value of your damages and who could be liable for your injuries.
Common Causes of Boating Accidents in Downey
No one ever expects to suffer life-threatening injuries in a boat wreck. However, when it happens to you, you may need a Downey boating accident attorney to help you figure out who is responsible for your injuries so you can hold them accountable and recover the compensation you deserve.
However, boat crashes can happen in a variety of ways. Your boating accident lawyer in Downey, CA, must carefully evaluate how the accident occurred. This will help us determine which parties should be sued for your damages accordingly.
With that in mind, here are some of the most common causes of boat accidents, personal injuries, and the parties who share liability for them:
- Negligent boat operation – When the boat is being operated negligently, the boat driver can be held accountable. Passengers on the boat could also share the blame if they contributed to the collision.
- Defective boat parts – When boat parts are malfunctioning or defective, the boat’s owner could be held accountable. The boat parts manufacturers and distributors could also share the blame, depending on the circumstances of your case.
- Dangerous boating conditions – If the waters are too difficult, multiple parties could share blame depending on the hazards in question. For example, if an area is unsafe and has not been properly marked off by government agencies responsible for these bodies of water, they can be named in your insurance and civil claims.
These are only a few examples of parties who could share liability in the most common causes of boating accidents. If your crash was caused in another way and you do not know where to turn for help, look no further than an experienced boating accident attorney in Downey for help.
When You Have Grounds for a Downey Boating Accident Claim
If you have been thinking about taking legal action but have been focused on recuperating or are unsure whether you have grounds for a claim, the best way to find out what to do next is to contact a boat accident lawyer for help. Remember, you do not need to have suffered a life-threatening injury to have grounds for a claim. However, your injuries must have had a significant impact on your life.
Common Boating Accident Injuries
We previously mentioned that the type of injury you are diagnosed with does not affect your right to compensation. This is true. However, the impact of your injuries on your life will be crucial in determining how much compensation you should be awarded, if any.
The more impactful your injuries, the more you could expect to recover in your claim. Some examples of Injuries that are often sued for in a boating accident include:
- Fractured bones
- Bone breaks
- Dental injuries
- Facial injuries
- Traumatic brain damage
- Herniated discs
- Whiplash
- Back injuries
- Spinal cord damage
- Neck injuries
- Concussion
- Organ damage
- Burn injuries
- Amputation
- Post-traumatic stress disorder (PTSD)
The Burden of Proof
The burden of proof in civil claims is not beyond a reasonable doubt the way it is in criminal court. In criminal court, the defendant must be proven guilty beyond a reasonable doubt for a conviction to apply. When you file a personal injury claim for a boating accident, things are different.
Instead, liability must be proven based on a preponderance of the evidence. This means the evidence presented against the liable party must convince the jury that the defendant is more likely they are not responsible for causing your injuries. We must also show the elements of negligence have been met which include:
- Duty of care
- Breach of duty
- Causation
- Damages
Evidence to Support Your Case
The evidence presented in your boating accident claim must prove liability based on a preponderance of the evidence. This means the evidence presented must be compelling. Examples of valuable evidence in boating accident claims include:
- Copies of the boat operator’s chemical blood alcohol test results
- Copies of the boat operator’s boat driving record
- Copies of the boat operator’s cell phone records
- Copies of the boat’s most recent inspection logs
- Copies of boat radar and voyage data recorder information
- Statements from witnesses to the accident
- Expert testimony
- Reports from law enforcement and accident reconstructionists
- Photos of the victim’s injuries
- Video of the boating accident
Get Help from a Boating Accident Lawyer in Downey, CA Today
When you have suffered catastrophic injuries in a boat wreck, and someone else is responsible, you have the right to take legal action against them. Making the liable party pay can be challenging while you are still in the throes of your recovery. Having an assertive legal advocate working for you could make all the difference in the outcome of your case.
When you want to get the most out of your claim, but are unsure how to get started, look no further than a dedicated Downey boating accident lawyer at Simmrin Law Group. Schedule your free, no-obligation consultation today and regain control of your life.