Hamilton County Boat Accident Lawyer
If you were injured or suffered damages in a boat accident, you might be considering how to move forward. Unfortunately, the law surrounding boat accidents could be difficult to navigate. A Hamilton County boat accident lawyer could offer their experience, helping you overcome the legal obstacles at hand. An attorney could provide legal support as a local personal injury attorney, helping you recover the compensation you deserve.
Causes of Boat Accidents
A boat accident could happen from a variety of causes. One example is submerged objects. It could be very difficult to see anything below the boat, especially if the water is murky or there are rainy weather conditions. Shallow embankments, rocks, and other floating objects could cause a boat accident. Waves are another leading cause of boat accidents. A large wave could capsize a boat, or send one boat drifting into another. Wakes created by other boats have also been known to cause accidents.
Colliding with another boat is another common occurrence. But it is rare that a boat operator crashes into another boat intentionally. Most of the time, operators unintentionally cause an accident. When someone commits an accident unintentionally, he or she could still be held civilly liable for damages under the theory of negligence. There are four elements that a boat crash lawyer in Hamilton County must be proven in order to bring a successful negligence claim:
- The defendant owed the plaintiff a duty
- The defendant was negligent by breaching their duty
- The plaintiff caused the defendant’s damages
- The plaintiff suffered harm
Liability Issues in Boat Accidents in Hamilton
Comparative fault is a legal doctrine that helps the court determine whether the plaintiff may recover if they are found partially to blame for the accident. Tennessee follows the 50 percent bar rule, which states that plaintiffs more than 49 percent to blame for the boat accident would be barred from recovery. Plaintiffs less than 50 percent at fault may recover damages, reduced by their portion of fault. Plaintiff may also assert comparative fault as an affirmative defense under Tennessee Rule of Civil Procedure 8.03.
Another issue that could arise is the Jones Act. Under the Act, maritime employees, also known as seaman, may seek damages against his or her employer for negligence. Seaman, under the Act, are members of a boat crew that perform at least 30% of their work on the vessel. Employees must prove that the owner, captain, or crew of the vessel was negligent, causing their injuries. A boat collision lawyer in Hamilton County might be able to assist those that have been in either a private boat accident or one involving their employment.
Consider Contacting a Hamilton County Boat Accident Attorney Today
Boats alone are not inexpensive, and an accident could lead to costly repairs. Worse yet, injuries suffered during the accident could also create medical bills and other expenses that you may not feel prepared for.
If you are having trouble with the losses that you have suffered from your boat accident, a Hamilton County boat accident lawyer might be able to help. An attorney could go through your case and inform you about your available options for relief.
Learn about the ways an attorney might be able to help your legal situation. Call today, and schedule a consultation now.
