When to File a Jet Ski Accident Lawsuit to Win a Fair Compensation?
From alcohol, drug consumption, and negligence to inexperience and carelessness, there are countless reasons a Jet Ski accident can occur. At Ethen Ostroff Law, we will go the extra mile for you to get the compensation you deserve after a traumatic injury when you file a jet ski accident lawsuit.
Do you have to sue to get compensation for the accident?
If the at-fault party does not have insurance, suing them personally by filing a Jet Ski accident lawsuit might be the best option. For this, you want to look at your total damages, including personal injury and property damage. You might have significant damage that costs you a lot of money, such as your own boat that was involved in the accident and was destroyed. You can recover compensation for it as well. Most importantly, if you were severely injured, you could have at least a thousand medical bills, for which you should also receive compensation.
If the at-fault party has insurance, it’s best to file a jet ski accident claim first. However, the insurance company will probably offer you a low settlement initially. This is why you should talk to an experienced jet ski accident lawyer to fight for the compensation you deserve.
Who can be sued in a Jet Ski accident lawsuit?
1. The boat or jet ski operator:
In most cases, the watercraft operator is responsible for an accident with the watercraft. Boat and jet ski operators have a legal responsibility to others on the water. There are many ways a watercraft operator can cause an accident. An injury accident can occur because of:
- Driving the watercraft at excessive speeds.
- Lack of experience or qualification.
- Having too many boat passengers.
- Driving when conditions are not safe.
- Violating any rules or operation.
- Failing to carry proper safety equipment.
- Boating under the influence (BUI).
Your lawsuit will need to detail what happened to be entitled to compensation. Fortunately, a boat/jet ski accident lawyer can help prove each of the above points to help you win your jet ski accident lawsuit.
2. Owner of the boat:
You might be able to sue the boat owner after an accident. Sometimes, the boat owner is the same person as the operator. Other times, the owner allows another to operate their boat. The boat owners are liable if they consented to another person to use their vessel. Both the boat owner and operator could be at fault for your damages. Hence, you could file jet ski injury claims against one or both parties.
3. An establishment that sells alcohol:
If a bar or restaurant sold alcohol to the watercraft operator, the establishment could be liable. In such cases, hiring a lawyer will help you prove your damages and get a fair jet ski injury settlement for your claim.
4. The boat rental or sales company:
Companies selling or renting watercraft must ensure the vehicles for rent are safe. They have the duty to ensure proper maintenance and fix any issues before renting out the equipment. If a boat or jet ski is unsafe and causes an accident, the company providing the vessel could be at fault.
5. Event hosts:
Social events on the water often involve boats or skis. If an accident happened during the event, those hosting could also be partially responsible.
Partial fault in a boat or jet ski accident case
Before suing someone, you’ll need to determine who is at fault in the accident. Sometimes, more than one party is at fault. Your lawyer will look at any responsibility between you, the operator, and third parties. Under the laws, you can recover damages unless you were 50% or more at fault. However, the courts would reduce your compensation by your percentage of fault.
Moreover, if a boat passenger acted recklessly, they could be liable for an accident. A rowdy passenger could cause someone to fall overboard or become injured while on the boat.
If you were partially at fault for a boat/ski or accidents with watercraft, it could affect your compensation. Talk to an experienced lawyer about the details, so you can weigh your legal options.
Filing an injury case for a boat or jet ski accident
Jet skiing accident cases depend on negligence. Negligence is a lack of care that ordinarily cautious people would have in the same situation. When someone is careless, it can lead to life-threatening situations, such as death.
In building a case, you must show that someone was negligent in your accident. Here are the four elements of a Jet Ski accident case.
1. The boat or jet ski operator owed you a duty of care:
Those who operate watercraft vehicles have a duty to each other. They must be responsible when sharing the waterways.
2. The operator failed in their duty:
If the boat or jet ski operator was careless, they failed in their duty of care. Examples of this carelessness can include:
- Boating under the influence (BUI).
- Driving the boat at excessive speeds.
- Failing to maintain the boat or jet ski properly.
- Not leaving enough room for other water vehicles.
3. The driver’s negligence caused the accident:
The operator’s actions must have led to the accident.
For example, the driver was under the influence of alcohol. If they hadn’t been drinking, the accident wouldn’t have happened. Therefore, the driver is responsible for the accident occurring.
4. You suffered injuries from the accident:
- Medical costs.
- Prescription medications.
- Pain and suffering.
- Lost wages.
- Property damage.
Note that no one is required to carry boating insurance. Your claim options will depend on the at-fault party’s insurance coverage. However, you might have to bring a lawsuit against them to receive compensation if they do not have insurance,
Steps in filing a Jet Ski accident lawsuit
You need to build a strong case before filing a Jet Ski accident lawsuit. After your accident and as soon as you have recovered, here are the essential steps you should take:
- Gather evidence from the accident scene.
- Compile information about who caused the accident.
- Keep track of all of your damages.
- Calculate all your total losses.
- Be careful of what you say about the accident and to whom you say it.
- Hire an experienced lawyer asap to ensure you comply with the statute of limitations.
If you are going to sue, you will need legal representation. So, schedule a consultation with an experienced Jet Ski accident attorney in Philadelphia by calling Ethen Ostroff Law at 610-510-8883. We are not afraid to fight for the recovery you deserve. If you need to file a Jet Ski accident lawsuit to recover your costs, we are here to help. We will connect you with our network of experienced personal injury lawyers in pronto.
