Tennessee Personal Injury Law: Boat Related Injuries
In southeastern states like Tennessee where there are plenty of rivers, lakes, and other natural recreations readily available, legal issues naturally surface on a regular basis regarding incidents involving boats. The expansive system of waterways in Tennessee allow for a substantial boater population and with this large number of boating persons comes a strong risk of accidents and injuries. Although one might thus consider boating to be a dangerous activity, it also succeeds in providing many citizens with a leisurely and productive passion that increases their quality of life at no expense to others. Still, victims of incidents related to boating deserve proper compensation for suffering and injuries incurred and responsible parties in such situations should be properly penalized if there was any neglect or abuse of safety precautions.
Statistics In Tennessee:
A study conducted in 2010 by the Tennessee Wildlife Resource Agency (TWRA) recorded over a hundred reported accidents involving boats that resulted injuries to involved parties. Of this number, nine such incidents were proven to be fatal. Further investigation led TWRA specialists to determine distraction to be the most common factor leading to injury-causing incident among boaters. Despite river system of almost a thousand square miles in the state of Tennessee, collisions between persons operating boats are not always easy to avoid and proper safety precautions, as well as an active vigilance, should always be a boater’s priority.
Causes Of Boating Accidents:
There are any number of reasons why an accident might occur involving a boat on a waterway. It is important to realize that operating a boat is no different from operating any other sort of motor vehicle, so safety measures taken when driving a car or motorbike are comparable if not identical. Frequent causes of boating related incidents include, but are not limited to:
- Negligence or inattention due to distraction or other relevant factors;
- Impairment of a boater who is under the influence of alcohol or narcotic substances;
- Unreasonable behavior on behalf of a boater;
- Underage or improperly trained persons operating a boat.
Operating A Boat Under The Influence:
Tennessee legislation maintains that a boater will be considered under the influence of alcohol if his or her blood alcohol content, or BAC, is over 0.08%. This is the same requirement enforced for drivers of automobiles and other motor vehicles, and officers have the right in many cases to administer the same sobriety tests performed to determine intoxication for drivers of motor vehicles. Boating accidents caused by boaters under the influence of alcohol accounted for 5.7% of the total in the study conducted by the Tennessee Wildlife Resource Agency in 2010.
Requirements For Boating:
Before operating a boat or other watercraft, a person in the state of Tennessee must first meet the legal requirements for boaters. Boating without the appropriate training is never a good idea and many incidents on Tennessee waterways are the result of boaters who are not qualified to operate their crafts. Persons in the state of Tennessee who are born after the first of January in 1989 must complete a boating safety examination before they are permitted to drive a boat. This test acquaints new boaters with safety precautions, common mistakes, and waterway regulations.
Boating And Liability:
There are circumstances in which victims of a boat related accident can be awarded damages other involved persons. Error on behalf of the boater causing the accident is one factor that guarantees damages, but proprietors of involved watercrafts might also be held liable to some degree even if they were not present when the incident occurred. If injuries were sustained a victim suffered in some form from a boating accident, then he or she is entitled to compensation and should take legal action to ensure that he or she receives appropriate benefits.
Legal Representation For Boating Incidents:
Contact our offices if you have any questions about boating regulations in Tennessee, or if you or a loved one has been involved in an accident related to boating. Our team of attorneys has the experience, connections, and resources that are best suited to secure a successful outcome for most boating related cases. The longer you wait to seek legal representation, the higher the risk of missing out on a satisfactory settlement – so don’t wait! Set up an initial consultation and get started on the road towards proper compensation for your losses.