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If you have been injured in a boat or other vehicle accident as a result of a defect or the negligence of another person, please contact an experienced personal injury attorney at the national law firm of Lieff Cabraser Heimann & Bernstein, LLP.
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Boating Accidents
- Issue: Boat- and water-related defect injuries
Boating Injuries: Operator Error
Recreational Boating Accidents: Operator Error & Alcohol Use
According to the United States Coast Guard (USCG), the top five primary contributing factors in boat accidents and injuries are operator inattention, careless/reckless operation, passenger/skier behavior, excessive speed, and most dangerously, alcohol consumption.
Effects of Alcohol & Drug Use or Boating Under the Influence (BUI)
Alcohol and drug usage increases both the likelihood and severity of boating accidents (Pacific Institute for Research & Evaluation, July 2006). Just like a car driver under the influence, alcohol impairs a boat operator or ship captain’s motor skills, reaction time and judgment. On a boat or other vessel being operated by a person who is under the influence of alcohol, this has proven fatal again and again for many passengers and other bystanders.
Alcohol or drug use is the leading factor in fatal boating accidents; in fact, it reported as a factor in only 7% of cases, but is the leading factor in 21% of the boat-related deaths. For example, in 2007 the USCG received reports of 2986 accidents, 339 deaths, and 2317 injuries. Those that involved alcohol use account for 391 of the accidents, 145 deaths, and 341 injuries. From this data it is clear that accidents involving alcohol use are more likely to be fatal.
In 1987, the USCG established behavioral and chemical standards of intoxication for recreational boating. It revised the federal rule in 2001 to lower the chemical standard of intoxication to a blood alcohol concentration (BAC) of 0.08% for recreational vessel operators. Today all states and U.S. territories have adopted BUI laws including 33 which use the federal standard BAC.
If you or a loved one was injured because the boat operator was drinking, the operator could be considered negligent and can be held liable in a court of law.
Legal Rights of the Injured
The law in most states provides individuals with legal claims and the right to compensation for injuries they suffer as a result of a defective product or the negligence of another. The injured person may file a lawsuit seeking compensation for his or her pain and suffering, medical expenses, lost past and future wages and punitive damages.
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If you have been injured as a result of the negligence or another, please click here to contact an experienced personal injury attorney at the national law firm of Lieff Cabraser Heimann & Bernstein, LLP.
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Please click here to contact a personal injury attorney at Lieff Cabraser, or call us toll-free at 1 800.541.7358 and ask to speak to attorney Heather A. Foster. There is no charge or obligation for our review of your case.
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