Summer is here – now let’s discuss Boat Accidents and your rights if you are Injured!

During this summer season, you or your friend or family member may own a boat. Taking safety measures while operating a boat are normally underestimated and often those who own or operate boats may fail to warn other passengers on for the ride of the safety precautions.  Boating accidents often are underestimated but when they occur it’s important to know what to do when you are injured. In addition to seeking medical attention, depending on the severity of your injuries, future medical treatment or your inability to work or lost wages, you may be entitled to compensation.

In contrast to a motor vehicle accident or better known as a car accident on land, individuals who sustain injuries as a result of a boating accident are unable to claim the no-fault benefits that car accident victims may be eligible to claim under Ontario’s Statutory Accident Benefits Schedule.

Accidents involving personal motorized watercrafts  occur more than generally expected, and can sometimes led to catastrophic accidents. Common reasons for boating accidents are:

  • Unnecessary speeding and reckless operation
  • Alcohol use
  • Drug use
  • Inexperience and distracted boat riding
  • Slip and falls
  • Severe weather
  • Defective boat design or construction
  • Lack of boat or personal motorized vehicle maintenance

If you sustained an injury in a boating accident, it is important to hire a law firm that can help assist in reconstructing the accident and determine what caused the accident and who may liable for the accident.

Operators and owners of personal motorized vehicles or boats must ensure to be in compliance with the regulations that are set out in the Vessel Operation Restriction Regulations, which stipulate the licensing, registration rules, and other safety requirements. In Ontario and throughout Canada, the Canada Shipping Act regulates and governs safety of marine transportation and recreational boating.

If you were injured as result of a boating accident that you feel was caused by the negligence of the owner or operator of the boat, you may be entitled to receive compensation for your injuries. The Marine Liability Act sets out the guidelines and regulations to determine when a personal injury claim can be brought and also indicates how liability is apportioned or determined. A close reading of the Act indicates that the maximum award for an accident that causes loss of life or personal injury is $1 million regardless of the number of individuals that make the claim.

If you’ve been injured in an accident, contact Azimi Law for a free consultation or for a free case evaluation.

 



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