Birmingham is an inland city, and this lack of water access means for many residents frequent trips to the ocean, or other bodies of water like the Tennessee River. Boating for pleasure is a year-round activity. Unfortunately, it can put you in danger, and possibly lead to a boating accident due to another’s negligence or unfamiliarity. High winds, choppy water, and overcrowding are just some of the trouble you might face.
The prospect is daunting, especially after the fact. If you’ve been injured on a boat or in the water through no fault of your own, Morgan & Morgan can help. Our Birmingham attorneys are ready to help you by investigating your claim and explaining your options. Contact us today.
Birmingham Recreational Boating Accidents
Some might think boating isn’t exactly a huge draw for inland Birmingham, but for those willing to make the trek to the Coosa or another nearby river can find some action. Our attorneys have successfully argued for negligence in a variety of circumstances, including:
- Hit a big wave or wake at an excessive speed
- Navigated in heavy weather, causing individuals to fall overboard
- Made contact with propellers
- Operated at a high speed
- Did not carry the proper equipment
- Collided with another boat or object
- Overcrowded or overloaded the vessel
These are just a few examples of negligent behavior. A strong Birmingham attorney can help you determine if you’re a victim of another’s negligence.
Work-Related Maritime Accidents
For those that call the high seas their office, workplace boating accidents are governed by a different set of principles than recreational boating accidents. Specifically, they’re covered by provisions of the Jones Act, which gives individuals who work on the high seas an avenue of recourse in case they are injured on the job.
An individual who suffers an injury while working offshore or aboard a vessel may be able to file a workers’ compensation or negligence claim.
Workers’ Compensation Claims: An injured individual can file a workers’ compensation claim under state or federal law to receive benefits, including medical treatment.
Negligence Claims: Alternatively, the aggrieved can file a claim against an employer, third party or boating insurance company. To prevail, the plaintiff will have to prove a negligent act of another led to his or her injuries. In certain states, to prove negligence, the plaintiff must show that:
- The accused owed the plaintiff a duty of care;
- That duty of care was breached;
- The accused person’s negligence was the cause of the accident; and
- Injuries were sustained as a result.
In order to prove negligence you and your attorney will need to provide evidence. Evidence that may be helpful in proving negligence includes:
- Photographs of the injury or property damage;
- Videos or photographs of the scene of the accident;
- Eyewitness statements or testimony; and
- Police reports.
Contacting an experienced maritime and admiralty attorney can help individuals understand their rights under federal, state, and international waters laws, and collect the documentation needed to file a successful claim.
Contact a Knowledgeable Birmingham Attorney to Represent You
The circumstances around a boating accident, particularly at the workplace, can be “up for debate” according to some insurance companies or negligent parties.
Sadly, your injuries aren’t up for debate, and you deserve compensation for what you’ve endured. A reliable Morgan & Morgan maritime attorney can help you understand your position, investigate the facts, and determine how best to proceed with your case. Fill out a free, no-risk case evaluation form if you’re ready for justice today.