Charlotte Boat Accident Lawyers
North Carolina is a popular destination for tourists and residents looking to enjoy our beautiful coastline. North Carolina has 300 miles of Coastline and over 30 lakes in the region. There are additional waterways throughout the state. Because of our temperate climate, there are nearly always people enjoying water sports, boating, and other water activities in North Carolina. There are many fun boating opportunities in North Carolina, but there are also many opportunities for serious boating accidents.
When a boat operator fails to use reasonable care and skill while navigating the vessel in a waterway, passengers, other boaters, and nearby swimmers can suffer life-changing injuries. As with people who have been injured in a car accident, the victims of boating accidents in North Carolina can bring a personal injury lawsuit against the person or company whose negligence caused their injuries.Determining Liability in a Boating Accident
If you become injured in a boating accident, you can hold the person who caused the accident financially responsible for your injuries and damages. However, determining what caused the accident can be challenging, especially if the boating accident happened at high speeds or in open water.
If there are many witnesses who can testify to what happened leading up to the boating accident, you will have an easier time proving what occurred. Establishing the cause of the accident can be even more challenging when there was inclement weather or rough water when the accident occurred. There are many different causes for boating accidents, including the following:
- Failing to abide by traffic laws on the water
- Excessive speeding
- Failing to pay adequate attention while underway
- Steering the vessel inappropriately
At Arnold & Smith, PLLC, our experienced courtroom-ready lawyers know how to investigate personal injury lawsuits effectively. We will use our resources and experience to discover evidence and attempt to show that the defendant was liable for causing your injuries. Once we determine who caused the accident and gather evidence proving the defendant’s fault, we will explore whether any insurance policies will provide you coverage for the damages you have sustained from your injuries. Our lawyers have extensive experience negotiating with insurance companies and holding them accountable, ensuring they treat you fairly.Negotiating With the At-Fault Party
In some cases, the person or company at fault may be willing to settle the dispute with you to avoid a lawsuit and trial. Settling the case can save everyone time and resources. Still, you should only accept a settlement offer when it is fair and provides you with enough compensation to cover your ongoing lost earning capacity and medical care costs. A settlement is not possible in some cases, and you will need to file a personal injury claim against the party that caused your injuries.
In a personal injury lawsuit, you will need to establish multiple elements before you can recover compensation. First, you will need to show that the defendant failed to act reasonably under the circumstances and failed to do so. You will need to show that the vessel’s operator did not use reasonable care and skill and that this failure to act according to the standard of care caused your injuries.
North Carolina is a contributory negligence state. As a result, you may not be able to recover compensation if the court determines that you were at fault, even to a small degree, for your own injuries. For example, if the court determines that you were 1% at fault for the boating accident, you will not be entitled to any compensation for your injuries. North Carolina's severe contributory negligence rule makes it even more critical that you work with an experienced lawyer who can advocate that you are not at fault for your accident.
Successful plaintiffs are entitled to economic and non-economic damages for their injuries. We will help you calculate all of your damages, including your past and future medical expenses, reduce earning capacity, lost wages, and pain and suffering.Consult With a Charlotte Boating Accident Lawyer
If you have been injured in a boating accident in North Carolina, you need an experienced lawyer who can aggressively advocate for your rights. At Arnold & Smith, PLLC, our personal injury lawyers have a proven track record of success in obtaining the full amount of compensation our clients deserve. We provide potential clients with a free initial consultation to learn more about our law firm and ask questions. Contact us today at 704-370-2828 to schedule your consultation more about how we can advocate for your rights.