Choose our Philadelphia Boat Accident Lawyer for expert representation
If you have been injured in a boating accident, you should speak to one of the Philadelphia Boat Accident Lawyers at ‘The Law Offices Samuel Fishman’. Call (215)-464-4600 today to discuss your case.
Our lawyers follow a strategic legal approach for boat accident cases and can assist in getting the compensation you deserve. Samuel Fishman has been handling such cases for more than 25 years and can provide excellent legal assistance. Our boating accident lawyers will travel the extra mile to help you in your injury claim.
- We follow a step-by-step approach and keep our clients informed and updated at every phase.
- We have represented more than 20,000 clients since 1995.
- We work with 100% dedication and concentration to your individual case.
Boating accident injuries are relatively common in the U.S., and there are different federal and state laws that may be applicable. However, maritime laws differ in many ways from traditional laws of the land rules. Understanding the difference between these laws is very important in calculating your damages.
A boating accident claim can often become complicated and difficult to understand. This is why you should hire an experienced lawyer to handle your boat accident case. Don’t try to handle a case like this on your own.
Common Boating Accidents in Philadelphia
There are many different ways in which a boat can be involved in an accident. Some of the boating accidents that occured in Philadelphia are as follows:
- Capsizing. This has traditionally been the most common type of boating accident.
- Collision with a fixed object such as a buoy or tree.
- Falling overboard. Many passengers, especially those intoxicated, can easily fall from a boat and hit their head before anyone else notices.
- Ejected from vessel. When boats crash, passengers are often sent flying.
- Collision with vessel. When boats collide, the results can be tragic.
- Grounding. This is where a boat runs into land unintentionally.
- Flooding. This can lead to sinking and drowning risks.
- Fire or explosion. Just like automobiles, most boats are powered by gasoline engines which are flammable.
Regardless of the type of accident, boating accident victims must follow the statute of limitations to file a lawsuit. In Pennsylvania, an injured person has 2 years from the date when the accident happened to bring suit. The time can be reduced or extended based on the different accident types and circumstances prevailing.
Boating Accident Statistics: Showing a Disturbing Trend
According to the United States Coast Guard (USCG), in 2020 the months in which the highest boating accidents were recorded occurred in April and November. The lowest number of boating accidents that were reported in 2020 occurred in the months of May and July.
The number of deaths in 2020 due to boating accidents caused because of
- Alcohol use: 115
- Drug use: 8
- Excessive speed” 32
- Vent failure: 5
There were also an unspecified number of casualties caused due to machinery and equipment failure.
Types of Boating accidents that we represent
Whether you are a boating accident victim of a recreational boat or a commercial boat or both, our Philadelphia Injury Lawyers at the Law Offices of Samuel Fishman can represent your case. We have helped clients in various types of boating accidents in Philadelphia such as;
- Canoeing crashes
- Kayak collisions
- Sailboat accidents
- Jet ski accidents
- Cruise ship accidents
- Crew accidents
- Boat tour accidents and more
We have also represented clients in wrongful death cases and helped the families of the deceased attain compensation. You can call our legal office for any further queries. We provide free assessments for all our clients.
Common causes of boating accidents
- Accident due to negligence
A boater may held negligent under the following circumstances:
- Speeding while driving the boat and hitting a wave
- Ignoring weather forecast and sailing in bad weather
- Colliding with propellers
- Racing at a very high speed
- Lack of sufficient safety equipment on board
- Bumping into other boats or hard surfaces
- Not being aware of the sailing rules
- Overloading the boat with more passengers than it can accommodate
- Sailing while intoxicated
As per the state law, it is illegal to be operating a boat while you are under the influence of drugs or alcohol. A person is deemed intoxicated if their blood alcohol level is found to be more or equal to 0.08%.
Any sailor who is suspected of being intoxicated may have to undergo a sobriety test to prove they are sober. If the sailor refuses the tests, their permit and license may be revoked.
Depending on the situation and whether it is a first offense, a sailor who is found guilty of being under the influence of intoxication can be fined or even jailed for an extended period.
Like automobile driving, many boating accidents are caused by nothing more than carelessness. When you approach a Philadelphia Boating Accident lawyer, they will go through the case details to establish if there was any undue carelessness.
According to maritime laws, a boat should keep specific safety equipment on board, such as a diver down flag, a first aid box, and life jackets and tubes. Additionally, there are sailing and boating rules that you must be aware of before acquiring a boating license.
After repeated citations about being careless while sailing, a person will be barred from sailing until they complete a boating education course.
- Accidents on a Jet Ski
Due to the size and limitations of a jet ski or other personal watercraft, the person involved in a jet ski accident can be more seriously injured than someone who suffers a regular boating accident. A Jet Ski Accident Lawyer can help you recover damages for injuries suffered in a jet ski accident.
Often a jet ski accident are is the result of a device malfunction or due to the rider’s negligence. In device failure cases, the compensation can be claimed from the manufacturer, seller, or owner of the jet ski.
The Legalities of Filing A Boating Injury Claim
When someone suffers injury due to their own mistake, they are usually not eligible for compensation. However, suppose someone is injured due to the fault of another party. In that case, it is their right to receive fair compensation for the damages, such as medical bills or potential lost income due to injury. Negotiating with the insurance company is an important concern. An attorney will be able to help you in getting the settlement amount that you deserve.
How to Select an Efficient Philadelphia Boat Accident Lawyer?
One of the most important things to consider is that the attorney you choose has previous experience in handling similar cases. As boating accidents are not very common, experience helps a legal professional in establishing facts and determining compensation. An experienced legal expert in boating accidents will be well-versed in maritime law, which is very important in boating cases.
Some general guidelines that are essential in choosing a boat accident attorney are:
- Research: It is imperative to conduct a market survey of similar lawyers and read customer reviews.
- Honest Discussion: Hiding facts will not only mislead your attorney but also weaken the case. Taking legal help from whom you are comfortable with , speaking openly and honestly about your accident will prove to be beneficial.
- Relationship with The Lawyer: For a case to succeed, it is very important to feel comfortable with your attorney. A good Philadelphia Boating Accident Lawyer will be patient, curious, and understanding.
- Unspoken Behavior: When you approach a law firm for the initial interview, make sure to observe the surrounding people. Whether it is the attorney or their assistants, the way they treat other people can tell you a lot about how your experience will be.
Only sign the contract with a law firm when all your doubts have been cleared and all your questions have been answered.
The Process of Filing a Boat Accident Injury Claim
Once you have chosen an experienced Philadelphia Boat Accident attorney for your case, the process of filing a claim begins. Generally, any law firm abides by the following steps after beginning a new case:
Evidence– During this phase, a law firm collects documents related to the accident. This may include:
- Medical reports
- Insurance claims
- Medical bills
- Witness documents
- Boating documents
Collecting these documents will help to understand your case, including your level of injury and the potential compensation you can recover.
Investigation– Once they have collected your documents, the attorneys will begin the investigation. It is necessary to run a thorough investigation to establish the facts of the case. Generally, a lawyer will try to find CCTV footage, security camera footage, and any police reports filed.
A good investigation helps make a strong case and increases your chances of attaining maximum compensation for your case.
Negotiation– Before taking the case to a courtroom, the attorney will try to speak to the other party informally to agree upon a settlement. If both parties agree to the compensation, there will be documentation of the agreement, the victim will receive the agreed amount, and the case will not proceed to a courtroom.
If the parties cannot agree or the party at fault refuses to pay the settlement, then the case will go to trial.
Contact an experienced boating accident lawyer for legal help.
If you or a loved one have been involved in a boating accident, it is important to consult a law firm who can help you navigate the legal process and protect your rights.
Our unique strategy, the approach towards every boat injury claim, end to end assistance until you receive the compensation. Regardless of the type of accident, the nature of your injuries, or your relationship to the owner or operator of the boat, if you are injured, you may be entitled to compensation. Schedule a free case evaluation and discuss your legal concerns.