Comparitive Fault In Boating Accidents

Comparative fault is an insurance term that is used when it is said that both parties contributed to the accident. For example, if you are injured in a car accident because another driver runs a red light, you might think that the accident is solely the other driver's fault. However, if your injuries are far more extensive because you weren't wearing your seat belt, then you can be said to have been negligent, too. This means that, for the purposes of establishing payment, you carry some comparative (or negligent) fault in the accident.

In boating accidents, it can be very difficult to determine fault. Most boating accidents are caused by one or more of the following:

?¢ Carelessness
?¢ Operator Inexperience
?¢ Operator Inattention
?¢ Excessive Speed

As a result, comparative fault is often applied for the purposes of paying damages in a boating accident.

The Importance of Filing a Boating Accident Report

Many boating accidents are never reported, even though it is required by Federal law that you file an accident report with the nearest boating authority whenever:

A person dies; or
A person is injured and requires medical treatment beyond first aid, such as treatment at a medical facility or by a medical professional other than at the accident scene; or
A person disappears from the vessel under circumstances that indicate death or injury.
Damage to vessels and other property totals $2,000 or more or there is a complete loss of any vessel.

In addition, you must file your report within 48 hours if one of the first three criteria was met. You have ten days to file your report if the damage only involves vessels and/or property. Failure to file your boating accident report is a misdemeanor in some states, and all boat operators are responsible for knowing state and maritime laws whenever boating in navigable waters.

You May Need Legal Assistance

Because comparative fault is often used in assessing damages in a boating accident, it's wise to have legal assistance for navigating through your claim. Even if you bear some of the blame for the accident, it's important that you do not shoulder more than your reasonable share. Using the skills of an attorney can help ensure that you get fair treatment from the insurance companies involved and that you are properly reimbursed for your vessel and any injuries.

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