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According to a 2017 United States Coast Guard report, the state of Arizona ranks as one of the top five states in America in the total number of boating accidents. If you have been injured in a boating accident, contact a boating accident lawyer in Yuma, AZ, at Zanes Law at 866-499-8989 online today.
COMMON CAUSES AND TYPES OF BOATING ACCIDENTS
The majority of boating accidents and deaths occur on boats and vessels that have operators without any formal boating safety training or instruction. Additionally, most boating accidents happen on smaller boats less than 21 feet long. Canoes, jet skis, and other types of watercraft can also be involved in boating accidents and cause serious injury or death.
While wearing your life vest and following boating safety rules can help keep injuries from occurring, often accidents will still happen on waterways. Some of the most common causes of boating accidents in Arizona include when:
- The boat operator is distracted or driving recklessly
- The boat deck is slippery
- Boat maintenance was negligent or improper
- Safety gear was inadequate or absent
- The boat operator is under the influence of alcohol or drugs
- The boat or vessel collides with another boat or an underwater object
- The boat or vessel hits a wave or another vessel’s wake
- There is bad weather
- Passengers are overloaded onto a boat or vessel
- Waterways are congested
- The boat operator has restricted vision
- The boat operator is inexperienced
- Boat equipment fails due to manufacturing defects
Often one or more of these factors can contribute to an accident. Visiting with a boating accident lawyer will help you determine how to investigate your specific boating accident and determine who is at fault for the accident. Contact a boating accident attorney in Yuma, AZ, at Zanes Law at 866-499-8989 to help you investigate and build your case.
For a free legal consultation with a boating accidents lawyer serving Yuma, call 866-499-8989
PROVING NEGLIGENCE IN A BOATING ACCIDENT
The Arizona Game and Fish Department enforces several safety requirements regarding boating and the waterways. If a boat operator is negligent and causes an accident with personal injuries, we must prove the following elements to determine negligence.
- Duty: An Arizona boat operator has a duty to behave in a safe manner, and follow all laws of the waterways.
- Breach of Duty: If the boat operator acts either in a reckless or negligent way during the time he/she is operating a boat on the waterways of Arizona, and endangers the safety of anyone, they have breached that duty.
- Causation: The boat operator’s negligent behavior must have been the direct cause of your injuries.
- Damages: You must have suffered actual damages due to the negligence, carelessness, or recklessness of a boat operator.
Investigating the boating accident and making a determination regarding negligence can be complicated. In some cases, more than one party is at fault. The laws regarding negligence between multiple parties can become complicated, so we will help you make these legal determinations and help investigate your boating accident case.
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WHAT TO DO AFTER A BOATING ACCIDENT
If you were involved and injured in a boating accident, the Arizona Game and Fish Department requires that you do the following:
- The boat operators and anyone involved in the accident must Immediately stop any watercraft involved in the accident.
- Personal information must be exchanged among all parties, including the name and address of both the boat operator and the watercraft’s owner.
- All reasonable assistance must be provided to any injured parties.
- The accident must be reported to the nearest law enforcement agency.
- Within 48 hours, the boat operator must file a report of the accident to the Arizona Game and Fish Department if the injury involved a fatality. If there was a personal injury that was not a fatality, or if there was property damage of more than $500, the boat operator must file a report of the accident to the Arizona Game and Fish Department within five days.
- Always seek medical attention if you were involved in any kind of an accident, even if you do not feel immediate pain.
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FEDERAL BOATING ACCIDENT LAWS
The state of Arizona has laws specific to boating accidents. However, in 1971, Congress passed the Federal Boat Safety Act which requires not only registration requirements for boat owners but also includes navigation rules for boats. These federal laws can also apply to your boating accident, and we will help you determine if your accident will have either federal maritime law or Arizona state law apply. Depending on where your accident occurred, admiralty law may also apply. The laws regarding boating accidents can be complex and visiting with a boating accident lawyer will help you determine which laws will apply.
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STATUTE OF LIMITATIONS
The statute of limitations in the state of Arizona allows you two years from the date of the boating accident to file a claim in court. While this may seem like a long time, insurance companies can oftentimes delay their responses which can possibly prevent you from filing in a timely manner. If you miss the deadline to file your personal injury case, even if you have a valid claim, the state of Arizona will likely dismiss your lawsuit.
CONTACT A BOATING ACCIDENT LAWYER IN YUMA, AZ
If you were involved in a boating accident in the state of Arizona and suffered any personal injuries due to the recklessness, carelessness, or negligence of another boat operator, you may have the right to recover compensation for your injuries. Contact a boating accident lawyer in Yuma, AZ, at Zanes Law at 866-499-8989 or online today to learn your options and how we will help you with your case.
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