Passengers could be knocked down from their seats or even thrown overboard in the face of a wake. The boat operator is directed by law to be mindful for anything that might lead to a wake accident. This is really a tricky one because the legal liability of a wake accident is sort of ambiguous and the liability foisted on the operator is drawn from circumstances like –
- Traffic in the region of accident
- The speed of the boat
- The size of the wake
- Prior notice to passengers when approaching the wake
- The type of boat the passenger is on (motorboat or sailboat)
It’s also worthy to note that if boating accident occurs in an isolated area of the water then the other boat whose operator is not responsible for the wave does not have any fault. In a similar situation, the above listed circumstances affect how claims of a wave accident is made due to a boat operator’s negligence.
These are very similar types of accident that differ by the number of boats involved. While more than one boat is involved in a wake accident, just one boat is involved in a wave accident.
Poor visibility in the water could lead a boat operator to run into some submerged objects. It can happen even in cases where visibility is not a challenge. Claims of liability for this type of negligence is dependent on the circumstances surrounding the collision. If an operator is running at a great speed without GPS, especially in a dense fog, and he runs into any object, It could easily be claimed that he/she displayed negligence. However, if an operator unfortunately runs into a submerged object, rock or land while driving cautiously and with a GPS, this might not be seen as negligence.
The guiding laws clearly state that certain safety equipment should always be available on the boat regardless of its size. The availability of these safety equipment on board does not guarantee the non occurrence of accidents, but it is very instrumental in rescuing affected passengers. If you or any of your loved ones happen to be a victim of a boating accident due to the unavailability of safety equipment on board, we can help you file a legitimate claim negligence against the boat owner.