Maco, Georgia, is a perfect spot to enjoy spending time on the water. Lake Tobesofkee boasts a beautiful area to fish, swim and enjoy the water. Boating can be exciting or relaxing, or a little of both unless an accident happens.
Reach out to our personal injury lawyers in Macon, GA, to ensure that your rights are protected and that your claim is navigated to ensure you collect the compensation you deserve.
Determining Fault in a Macon, GA Boat Accident
The law in Macon tells us that the liable party in a boating accident is the vessel’s owner. Whether the driver of the boat was operating the watercraft in a dangerous or negligent matter or not, if they had the owner’s consent to use the boat, the owner is held responsible.
Consent from the boat’s owner can be implied. Meaning that if someone in their family, like their spouse, brother or sister, mother or father, or their son or daughter, is operating the boat when the accident takes place, it is assumed that permission to use the boat was given by the owner. Therefore, the owner is liable for the damages the accident creates.
Georgia’s owner-consent statute tells us that the owner allowed someone else to operate their boat, and their negligence is now the responsibility of the boat’s owner. Presumed consent is implied if a family member drives the boat when the accident occurs. This law makes determining boat accident liability easier for those injured in Macon, GA.
Get the strong arm
Macon’s Most Common Boat Accident Causes
While the types of boats enjoying the water around Macon vary, the accidents that occur have similar causes. The following causes are among the most common causes of boat accidents in Macon, GA.
- Operating a boat too fast for conditions
- Inexperienced drivers are often the cause of boating accidents
- Boating under the influence (BUI)
- Violation of boating laws
- Equipment failure issues
- High water levels that hide piers and docks from view
- Adverse weather conditions
- Wakes
Boating accidents most often occur because of negligence. When a boat operator is distracted or careless and causes an accident that leaves you with injuries or damages, you are entitled to file a lawsuit against them.
Trusting Insurance Companies Is Not a Good Idea
While insurance companies present themselves as friendly, helpful neighbors, you should not be fooled. Their job is to make money. To do this, they collect premiums and keep their payouts at a minimum.
They will try to place the blame on you, even if you are not at fault, and try to minimize the damages you sustained. Their entire goal is to pay you as little as they can for the damages you suffered. To protect yourself, contact a boat accident lawyer in Macon to ensure your rights are protected.
Insurance companies will nearly always offer you a lowball settlement offer hoping you will settle for less than the 100% of damages that you are entitled to receive. This tactic must work because it is standard practice. Having a Macon boat accident attorney at your side will ensure that you are not coerced into less financial compensation than you are eligible for due to your injuries and damages.
Types of Watercraft In Macon Boat Accidents
No matter the type of boat, the legal results are the same if an accident happens. In Macon, we see accidents on the following types of watercraft:
- Cabin cruisers and yachts
- Commercial vessels
- Ski, fishing, center consoles, and other motorboats
- Pontoon boats
- Personal watercraft (PWC) such as Jet Skiis, Waverunners, and SeaDoos
- Kayaks, rafts, and canoes
- Sailboats
If you are injured in an accident with any of the above vessels, you have the right to compensatory damages for the harm you were caused. A boat accident lawyer in Macon understands how complicated a boat accident claim can be due to the insurance companies trying to avoid taking responsibility. The talented, experienced legal professionals with John Foy & Associates are called “The Strong Arm” for a reason, we are ready to flex our legal muscle to ensure our clients get what they are entitled to receive.
Recovering Compensation Following a Boat Accident
For those involved in boating accidents, the suffering can be harsh. Medical bills flood in while income is halted. If you have been hurt in a boating accident, you are entitled to full coverage for the damages you incurred. This amount may be more than you originally thought.
You may be entitled to economic, non-economic, and punitive damages. Your boat accident attorney in Macon, GA, will be glad to review your case and help you determine what your financial settlement should look like. Listed below are some common damages you may have sustained:
Economic Damages
Financial losses often accompany a boat accident. Some of the economic damages that boat accident victims most often face are listed below:
- Medical expenses
- Property damage
- Loss of income
- Long-term medical care
- Lost future earnings
- Accommodations made to the home
- Vehicles that accommodate disabilities
- Physical, occupational, and emotional rehabilitation and therapy
- Prosthetics
- Surgeries and procedures
- Mobility devices
- Medical equipment
- Travel to receive appropriate care
Keeping a journal of all the big and small expenses you face after an accident is helpful when trying to remember all the mounting expenses you face.
Non-Economic Damages
Non-economic damages make up a large portion of the damages you sustain after a boat accident. They are harder to calculate monetarily but should not be ignored. Your Macon boat accident lawyer will help you to determine what you are entitled to as a settlement award.
Examples of non-economic damages that you could be entitled to compensation for are listed below:
- Pain and Suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of reputation
- Anxiety and depression
- Loss of consortium
- Loss of reputation
- Loss of educational opportunities
- Loss of career opportunities
- Scarring and disfigurement
- Wrongful death of a loved one
- Damage to relationships
Punitive Damages
Punitive damages are not a given. They are not to compensate the victim for their losses. Instead, they are awarded to punish the boat operator who behaved in a negligent or harmful manner and caused the accident.
Certain things like BUI or driving that caused intentional harm would be why punitive damages are awarded. Georgia’s $250,000 cap on punitive damages would be applicable in most cases unless explicit harm was the cause of the injuries.
Contact Us Today
John Foy & Associates has experience dealing with boating accidents and can help you navigate the rough waters that come with settling an insurance claim following one. To protect your rights and ensure you get what you are entitled to receive, call for a free consultation with a Macon boat accident attorney with our firm today. We offer appointments for English and Spanish speakers.
478-400-4000 or complete a Free Case Evaluation form
