Personal Injury Law
Boating Accidents
Personal Injury Law
Boat Accident Lawyers
Many assume that the Canadian law treats boating accidents the same as car or truck accidents. In fact, the rules governing boating accidents are different and even more complicated. This is why you need to consult with our boat accident lawyers right away if you ever happen to be involved in one.
At Nanda & Associate Lawyers, we have a stellar record of 20 years in successfully resolving numerous boat accident claims for our clients. With our ‘No Win, No Fee’ promise, you do not have to worry about any legal expenses until the successful conclusion of the case.
Our Personal Injury law services
- Boating Accidents
- Bicycle Accident
- Car Accidents
- Catastrophic Injury
- Chronic Pain
- Cross-Border Injury
- Dog Bite Injury
- Fractures and Orthopaedic Injuries
- Liability in Personal Injury
- Long Term Disability Insurance
Claims - Medical Malpractice
- Motorcycle Accidents
- Nursing Home Negligence
- Occupiers’ Liability
- Pedestrian Accident
- Product Liability
- Slip & Fall Injuries
- Spinal Cord Injury
(Neck, Back, Whiplash & Spinal Cord Injuries) - Sports Injury
- Traumatic Brain Injury (TBI)
- Truck Accidents
- Wrongful Death
What are some of the common causes of boating accidents?
Just as in the case of accidents on land, the main cause of boating accidents tends to be human error. Some of the common causes are as follows:
- Drinking and boating: As you can imagine, boating under the influence of alcohol or drugs is a recipe for disaster. This will slow down your response time, leading to crashes and collisions with other boats.
- Equipment malfunction or failure: This happens more often than you think. Since boating is a hobby taken up mostly during the summer, for the rest of the year the boat is lying unused. Regular maintenance of the boat is often ignored. The result is the poor seaworthiness of the boat, which affects the stability and manoeuvrability of the vessel.
- Poor knowledge of the terrain of the lake: One of the common boating accidents happens when the boat strikes a submerged boulder, object, or even land. This normally happens when you are not familiar with the terrain of the lake and take the boat unintentionally into the shallow regions.
- Adverse weather conditions: It will be difficult to retain control of the boat in the event of high waves and heavy winds. In a heavy storm, even the most experienced boat operators might lose control of their vessel, leading to accidents.
- Inexperienced boat operators: A boat is a very complicated piece of machinery requiring special training to operate and manoeuvre. Do not assume that your driving experience on the road somehow qualifies you to handle a boat on your own.
How a Personal Injury Lawyer can help you.
Fixing the liability for the accident.
As the saying goes, what actually happened and what you can prove in court are two different things. Your Personal Injury lawyer will build a strong case on your behalf and ensure that the defendant or boat owner is held responsible for the damages. This will involve collecting the testimonies of the witnesses, going through the reports from the police and Coast Guard, gathering photographs and videos of the accident, and examining the boat maintenance records if the accident was caused by mechanical or equipment failure. They will be able to clearly establish whose fault caused the accident in the first place.
Fighting for your compensation through negotiations and legal action.
Your lawyer will act on your behalf and negotiate with the insurance provider for a compensation package that covers all your expenses resulting from the accident. They will fight against any attempt by the insurance provider to reduce your claim amount beyond a reasonable level. If an agreement is not reached through negotiations, the next step is to go for legal action by filing a lawsuit against the boat owner for damages. You will then have to prove in court that the negligence or recklessness of the boat operator caused the accident and hold them liable.
We can Help
If you are looking for legal assistance and representation in a boating accident claim, get in touch with our personal injury team today for a consultation.
Frequently Asked Questions
What if I cannot afford to hire a lawyer?
If you cannot afford to hire a lawyer, you could opt for the Contingency Fee arrangement. In such cases, the payment to your lawyers is contingent upon the successful resolution of your case. You will agree to allocate a specific percentage of your compensation package to the lawyers’ fee at the conclusion of the case. At Nanda & Associate Lawyers, we extend this ‘No Win, No Fee’ offer to all our personal injury clients. Reach out to our team today to take advantage of this offer.
Do I need insurance for my boat?
It is always safe to ensure that your boat is covered by insurance for all possible scenarios. However, as far as regulations are concerned, it is not always necessary for a boat to be insured. These regulations vary from province to province. If you are carrying passengers on a public purpose or a commercial vessel, you need to have passenger insurance. This will cover the claims of loss of life or personal injury from any passenger during an accident. However, if you are using a pleasure craft carrying only your friends and family and are not using it for profit, then these regulations do not apply to your boat.
What are the types of compensation I will be entitled to in a boating accident?
If you were injured in a boating accident, you can claim compensation for the medical expenses incurred for the treatment of your injuries. You can also claim compensation for your pain and suffering, any lost wages during your recovery, any damage to your property, and any other out-of-pocket expenses you incurred because of the accident. Normally, your claim will be settled by the boat owner’s insurance provider. Our Personal Injury lawyer will guide you in this process and will also represent you in court if the insurance coverage was not enough or if the boat was not insured at all.
What are the different laws applicable in a boating accident case?
Obviously, boating accidents are different from motor vehicle accidents, and your personal injury lawyer handling the case must be well-versed in the following laws.
- Marine Liability Act
- Canada Shipping Act
- Insurance Act
- Occupier’s Liability Act
- Highway Traffic Act
- Criminal Code
What is the statute of limitations to bring a boating accident claim?
The standard two-year statute of limitations applies to boating accidents as well. You must file your personal injury claim within two years of the accident or within two years of the death of your loved one in the accident. Canadian law allows exceptions to the two-year period only in specific circumstances, such as an injury involving a minor or the mental incapacity of the victim.
Who all can be held liable for a boating accident?
An experienced personal injury lawyer can help you identify the liable parties depending on the circumstances and the causes of your accident. In most cases, some or all of the following parties might be held liable for a boating accident.
- The boat operator
- The boat owner
- The boat manufacturer, if a technical fault was the cause of the accident
- The maintenance service provider, if the accident was caused by a maintenance issue
- The tour operator or the boat rental service provider
What if I am partially responsible for the boating accident?
You may still sue for damages even if you are partially responsible for the accident. Under Canadian law, personal injury cases are often settled on the principle of contributory negligence. The court will determine how much the actions of the parties involved contributed to the accident, and the liability to pay for the compensation is divided proportionately among them. If it were found that your actions contributed at least 30% towards the cause of the accident, you will be awarded only 70% of the eligible compensation.
