Here in Northern Georgia, we are fortunate to enjoy many miles of scenic coastline, whitewater rafting on the Oconee as well as beautiful lakes like Allatoona and Lanier. Because of this close proximity to the life aquatic, many Georgians enjoy boating when time and weather permit. And while the vast majority of boaters are safe and responsible, unfortunately, there is a subset of people who choose to drink while driving their boats. As a member of the Lake Lanier Sailing Academy, Mr. Simon has seen firsthand many cases of drinking and boating, especially during the summer months. Because boating can be such a liberating experience and water seems so forgiving, it is easy to forget that the boat is a hugely powerful machine capable of causing severe damage. While there should be no problem for people who are experienced and alert, nightfall and alcohol can easily turn a pleasant day of boating into something more dangerous. If you are involved in a boating accident, you will need the help of our Athens boating accident lawyer.
First, you should understand that boating is no different from driving in the sense that exercising ordinary care is a requirement for both. Beyond that, boaters are required to follow the rules of navigation as well as the Georgia Department of Natural Resources Regulations.
Boaters are expressly prohibited from disregarding the safety of persons or property. Anything that would put people or their property in danger is outlawed, including the following:
If you are found guilty of any of these actions, you will be charged with a misdemeanor, be fined $1,000, and lose boating privileges. Keep in mind that the penalties for boating under the influence (BUI) are more severe if there is a child under 14 onboard.
While within the boating community there are long-standing traditions about how to interact with other boats, most people are unaware of them and simply drive boats like cars, on the right side of the water. Car accidents in Athens are much different than accidents on the water.
When two boats are at an “intersection”, the boat on the right (known as “starboard”) claims the right of way. The other boat, called the “give way” vessel, is responsible for avoiding an accident by changing speed or course.
When there is the chance of a head-on collision, both boats are required to veer starboard to avoid crashing.
Keep in mind, there are many other specific rules for what to do when traveling through narrow channels and river bends, like blowing an air horn once to announce your presence.
It has been said that you cannot squeeze blood from a stone, and the same is true of boaters who have inadequate insurance coverage. In both injury and wrongful death cases, the victim cannot receive the full, objective value of the claim unless the responsible party has enough insurance coverage. Because most boaters are not wealthy people, there are practical limits determining what you can receive.
Although a case involving severe injury or death may be valued at hundreds of thousands of dollars, the boater’s insurance policy frequently does not cover that much money. You should also know that if a person’s insurance does come up short, his or her car and homeowner’s insurance is not available to claim. Our Athens boating accident lawyers can help with these cases.
It is common in cases involving serious injuries for there to be multiple claimants seeking compensation from a boater’s insurance policy. In such situations, each party may try to maximize their share of the available coverage by quickly filing a claim with the insurance company.
If you find yourself in this type of scenario, it is important to have legal representation to protect your interests. Your attorney should investigate whether the responsible party has a boat insurance rider on their homeowner’s insurance or any umbrella policies that could potentially provide additional coverage beyond the primary insurance policy.
Working with a qualified attorney experienced in handling similar cases can help you navigate the complex legal process and negotiate a fair settlement that takes into account the damages and injuries suffered by each claimant.
Some high-end homeowners policies under Chubb Insurance include boat coverage that goes beyond boat-specific policies, but keep in mind that some policies do not cover boats of more than 50 horsepower. It is important for your lawyer to be diligent and careful when handling these complex insurance situations.
Keep in mind that boat injury cases can often involve unique maritime insurance rules, so hiring a competent, experienced lawyer early on will help you navigate this unfamiliar terrain.
At Christopher Simon Attorney At Law, our aggressive Athens boating accident lawyer believes that justice is the result of hard work and dedicated advocacy. We fight for you and your rights. If you have been injured in a boating accident, contact us online or call for a free initial consultation, and find out more about your rights.
