Ponchatoula Boat Accident Lawyer
Louisiana’s abundance of waterways provide recreational boaters with many opportunities to enjoy time on the water. Unfortunately, however, not all boaters operate with the necessary care.
A Ponchatoula boat accident lawyer can help take legal action if you suffered injuries in a collision with another boater. A personal injury attorney who has litigated cases in this area of law can explain your legal rights and options. With their help, you may be able to pursue damages for the losses you sustained in this incident.
Causes of Boating Accidents
Ponchatoula presents boaters with a range of options to enjoy their pastime or profession. With the differences in these environments and increased traffic in the summer months, however, there can be an increased risk of accidents. Some of the most common causes of these incidents include:
- Impairment due to drugs or alcohol
- Operator error such as improperly following navigational beacons
- Speeding
- Operator inexperience
- Boaters driving distracted and carelessly
- Equipment failure or improper maintenance
- Manufacturer error
Identifying the cause of an accident is the first step of a lawsuit. A plaintiff should discuss the details of their boat accident with a Ponchatoula attorney who can help prove that the actions of the defendant caused the incident in question.
What are Common Boat Wreck Injuries?
Depending on the speed of travel at the time of the accident, point of impact, and other factors, a boating collision can cause severe injuries to the driver and other passengers. Generally, boaters are unrestrained when operating their vessels. Therefore, bruises, fractures, broken bones, head wounds and traumatic brain injuries, and spinal injuries resulting in paralysis are not an uncommon occurrence. It is likely that if the plaintiff sustained any of these injuries, they would have substantial medical bills as well as other financial losses.
How is Negligence Established in Boat Accident Cases?
When a plaintiff brings a case to court, they typically have the burden to prove that the other driver was negligent. In Ponchatoula, this legal term breaks down to the following elements which a boat accident attorney sets out to demonstrate:
- The defendant had a duty to the plaintiff to operate their boat safely
- The defendant failed to meet this obligation
- This failure caused the accident
- The plaintiff was injured and suffered tangible losses as a result of the accident in question
If an attorney can establish negligence in court, then the case moves to the next phase of litigation, where an individual may seek financial compensation for their injuries in the form of damages.
Comparative Fault
One of the primary defenses the defendant may raise against the plaintiff is found under Louisiana Civil Code Article 2323. Under comparative fault, a defendant can allege that, while they caused the accident, the plaintiff was partially to blame as well.
This then becomes a legal argument over the percentage of fault that each party shares. If the defendant is successful in this case, the court may reduce the plaintiff’s total amount of financial compensation by their percentage of fault.
Reach out to a Ponchatoula Boat Accident Attorney
If you are injured from an accident and now facing medical bills, lost wages, and other losses, you may be under serious financial stress. With the assistance of a Ponchatoula boat accident lawyer, you may be able to bring a claim against the responsible party and obtain compensation for these damages. To learn more about your legal options, call today.