While the Phoenix metropolitan area is hardly a haven for fans of boating and other waterborne activities, there are still several places around the Grand Canyon State with waterways deep and wide enough for personal watercraft of various sizes. Unfortunately, in any place where people are operating powered machines, there are likely to be at least a few people operating those machines in an irresponsible and unsafe way, which sometimes leads to accidents with devastating consequences.
If you were hurt in a boating accident caused by someone else’s misconduct, you may be able to file civil suit against them with a personal injury attorney’s help in much the same way you could sue after a traffic collision on land. If you want the best chance at achieving a positive outcome from your case, you should strongly consider retaining a Tolleson boat accident lawyer from Phillips Law Group, where we have decades of experience handling claims like yours effectively and efficiently.
Establishing Grounds for a Boat Injury Claim
Just like motor vehicle drivers have a legal “duty” to obey traffic laws as well as watch out for nearby vehicle and foot traffic while driving, operators of both powered and unpowered watercraft in “navigable waterways” are expected to follow local rules — for example, slowing down in designated no-wake zones — and avoid getting too close to other vessels or swimmers. Anyone who causes an otherwise preventable injury by “breaching” this duty can be held financially liable for the consequences of that injury based on their legal “negligence.”
One thing worth noting about boat accidents in particular is that companies which rent boats to people for daily or weekly use are generally not liable in legal terms for accidents that their renters cause once they take possession of their rental vessel. In some situations, however, a Tolleson boat accident attorney can help file suit against a rental company that knowingly provided a defective boat to a renter, or that allowed a visibly intoxicated or unqualified renter to take possession of a boat that they later injured someone else with.
How “Comparative Negligence” Could Affect Civil Recovery
Legal counsel can also play a key role during boat injury litigation in disproving allegations of “comparative fault” made against an injured person. In brief, Arizona Revised Statutes §12-2505 allows courts to assign a percentage of fault to any accident victim whose own negligence played a part in causing their accident, at which point the court — or an insurance company acting with the knowledge that a court would back them up if needed — may reduce the total compensation awarded to that injured person in proportion to their share of total fault.
Fortunately, Arizona follows a “pure comparative negligence” approach to this legal principle, which means there is no amount of fault an injured person could hold other than 100 percent which would disqualify them entirely from getting any civil compensation at all. That said, this can still be a major obstacle to achieving fair financial restitution in many situations, and it is one of many such obstacles that a boat injury lawyer in Tolleson can provide vital help navigating around.
Get in Touch With a Tolleson Boat Accident Attorney Today
Collisions between maritime vessels on the water can often be just as dangerous, if not more so, than collisions between speeding cars on land. Even worse, there may be surprisingly little evidence available in the aftermath of a boating accident to establish who was at fault for the incident or, in some cases, even who was involved at all.
All this makes it especially important to have help from dependable legal representation while pursuing financial recovery after a crash of this nature. Call Phillips Law Group today to speak with a team member and learn how a Tolleson boat accident lawyer can help you get the compensation you deserve.
Your initial visit is at no cost to you, and you are under no obligation to work with us afterward. We look forward to putting our 30+ years of experience to work for you. Reach out today to learn more!
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