Boating accidents are often a bit confusing, given that you might not be familiar with how these accidents are reported, who has insurance for these crashes, and when and how you can get compensation. While some boat operators and pilots have insurance, lawsuits could be an option for compensation, too.
In many boating accidents, you can sue for injuries – including for those on the Delaware River. This area has a lot of shipping, but there are also recreational boaters, fishing boats, and boat cruises/tours. If you were hurt while working or riding on any of these kinds of boats, you can often sue for compensation.
For help with your case, call the Philadelphia personal injury lawyers at The Reiff Law Firm today at (215) 709-6940.
Suing for Boating Accidents on the Delaware River
When an accident happens, the parties responsible can usually be held accountable for the injuries the accident causes. Boating accidents are no exception, and lawsuits can often be filed for injuries.
When filing a claim for a boating accident, some operators and owners might have insurance that covers their accident. In these cases, you might be able to file an insurance claim directly with their insurance rather than having to take the case to court, but that claim will not always get you to compensation. Insurance companies often delay claims and work to deny the claim or offer such a low amount for your payout that it doesn’t actually cover your needs. In that case, our Bala Cynwyd personal injury lawyers can help you file a lawsuit instead.
When filing a lawsuit, there may be two possible courts to file in. Many accidents close to land can be filed in local courts, but federal courts often take jurisdiction over “maritime” cases – i.e., cases involving accidents on navigable waters. Our attorneys can help you determine which court will handle your case and how best to file the claim to get you the compensation you need.
Proof Needed to Win a Boat Accident Claim for a Crash on the Delaware River
In a lawsuit, our lawyers will help you meet your “burden of proof” to win the case. This means providing sufficient evidence of how the accident happened and why the defendant is the one who is at fault for the accident. We will also have to produce evidence of the injuries you sustained, the expenses those injuries caused, and how much you deserve in damages for pain and suffering and other “non-economic” damages.
For us to win your case, our evidence must prove the case “by a preponderance of the evidence.” This is essentially a “more likely than not” standard and requires that the jury believes your story ever so slightly more than the defendant’s story. This standard is based on an “all things considered” analysis, meaning that the judge or jury should take everything into account and weigh both sides’ actions, the conditions on the water, visibility, and all other factors in evidence.
Who is at Fault for Delaware River Boating Accidents?
The defendant in your case will usually be an individual, a company, or a combination of people and entities who might share fault. The following parties and people might be at fault in your case, but it really depends on the specific facts of what happened.
Another Boat Pilot/Operator
Often, crashes involving two or more boats can be blamed on one of the operators or pilots. If one of the operators made a dangerous mistake, failed to control their speed appropriately, tried to pass on the wrong side, wasn’t paying attention, or was drunk while operating a boat, we can often hold them responsible for the results of those dangerous decisions.
Boat Owner
If you were a passenger on a boat or ship that was not seaworthy, and that vessel crashed, sank, or capsized because it wasn’t seaworthy, then your claim should usually be filed against the boat owner.
Boat Technicians
In some cases where the boat was not seaworthy, the owner might shift the blame for that to their technician or mechanic – the expert they relied on to get the boat into working order. In many cases, we can sue both parties, and they can determine among themselves which one was at fault.
Company Operating the Boat
In many cases where the owner or operator is at fault, that fault will carry through to the company they were working for when they caused the crash. Shipping vessels, commercial fishing boats, tour/cruise boats, and other vessels operated by companies can usually have the company answer for the harm rather than the individual operator. In these cases, these companies often are the owners rather than an individual, though some of these cases involve a boat owner/operator contracting with a larger company. Liability might stop with the contractor in cases like this.
Sometimes when you are injured as a tour or cruise passenger, your ticket will have specific terms about how the case must be filed and what court will have jurisdiction of the accident. In some of these cases, the terms you agreed to as part of your ticket could also put limits on your case or move it to arbitration. Our lawyers can look into compliance with these terms and potentially seek to have the case filed in court instead of through arbitration, and we can potentially change the court or venue where the case will be heard based on factors outside of what the ticket covered.
In some cases, the ticket might try to serve as a waiver, in which case we might have to get the court to agree that the waiver was invalid or ineffective before we can sue in court.
Call Our Personal Injury Lawyers Today
If you were hurt in a boat accident on the Delaware River, call The Reiff Law Firm’s West Chester, PA personal injury attorneys at (215) 709-6940 right away.
