In 2023, there were 245,449 registered boating vessels in Tennessee. During the course of that same year, 163 reportable boating accidents occurred and caused $2,334,075 in damages, according to the Tennessee Wildlife Resource Agency.
If a boating accident caused you injury or harmed someone you love, the Knoxville personal injury lawyers at The Lawyers of Brown and Roberto are here to help. Our firm has focused on fighting for the rights of accident victims for more than 20 years and we’ve been 98% successful in helping our clients recover compensation for losses.
Give us a call today at (865) 691-2777 to schedule a free consultation and learn about the legal advocacy a Knoxville boat accident attorney can offer.
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Common Causes of Knoxville Boating Accidents
Boat accidents can occur for many reasons including:
- Equipment failures
- Failure to observe surrounding areas for vessels
- Poor weather conditions
- Inexperienced operation
- Boat operator intoxication
- Excessive speed
- Reckless operation
Tennessee law makes clear “the owner of a vessel may be responsible for any injury or damage done by his or her vessel whether the owner is present or not.” In many situations, vessel owners can be held liable for the consequences of these unsafe behaviors and made to compensate those who are harmed by issues that arise while on the water.
Injuries Associated with Boat Crashes
Boating accidents can result in devastating injuries that impact every aspect of your life. The force of impact when vessels collide, the risk of being thrown overboard, or contact with moving boat parts can cause serious harm.
If you’ve been involved in a boating accident, you may be dealing with:
- Traumatic Brain Injuries: These can occur from striking your head during a collision or being hit by boat equipment. Even seemingly minor head impacts can lead to concussions or more severe brain trauma.
- Spinal Cord Injuries: The jarring impact of a boat crash can damage your spine, potentially resulting in partial or complete paralysis.
- Broken Bones: The victims involved in boating accidents frequently experience broken arms, legs, ribs, and other bones.
- Lacerations: Propellers, broken glass, and sharp edges on damaged vessels can cause deep cuts requiring extensive medical treatment.
- Burns: When fires or explosions occur due to fuel leaks or electrical issues, you may suffer severe burn injuries.
- Drowning Injuries: Being thrown into the water can lead to oxygen deprivation, which may cause lasting organ damage or death.
- Hypothermia: Extended exposure to cold water can result in dangerous and potentially fatal drops in body temperature.
Determining Liability in Boating Accident Claims
The person or entity responsible for your boating accident must compensate you for your losses. Tennessee law allows you to pursue damages from negligent parties, but identifying the right defendant can be a challenge without the time and resources that a lawyer can provide. The Lawyers of Brown & Roberto will launch a thorough investigation to determine liability and maximize your compensation.
Potentially liable parties in your boating accident may include:
- The Boat Operator: If the person operating the vessel was driving recklessly, under the influence, or violated boating regulations, they can be held responsible for injuries they cause. Their negligent actions put everyone on the water at risk.
- The Boat Owner: Even if the owner wasn’t operating the vessel at the time of your accident, Tennessee law holds them accountable for damages their boat causes. This is true whether they were present or had loaned the vessel to someone else.
- Boat Manufacturers or Repair Companies: When defective equipment or improper maintenance contributes to an accident, the companies that manufactured or serviced the vessel may share liability. Faulty steering systems, engine problems, or other mechanical failures can be grounds for a product liability claim.
Boat Rental Companies: If you rented a vessel that was poorly maintained or if the rental company failed to provide adequate safety equipment or instructions, they may bear responsibility for resulting accidents.
What are Your Rights After a Boating Accident in Knoxville?
If you were involved in a boating accident, you have the right to make a personal injury claim and recover compensation from the vessel owner or operator if you can prove they were negligent or engaged in intentional wrongdoing that was the direct cause of your harm.
You can show negligence both by demonstrating a more reasonable boater would have been more careful or by demonstrating a violation of any safety regulations under the State Boating Act. A regulatory violation can create a presumption of negligence that makes it easier to prove your claim.
A Knoxville boating accident attorney will assist you in gathering evidence including photos from the accident scene, witness testimony, and vessel records to demonstrate if proper maintenance was performed. This can include obtaining information from the Coast Guard or other law enforcement officials who may be investigating the cause of your accident. This can all be helpful in proving how the damage happened so you can make a solid claim.
We can also assist you in gathering documentation to show the extent of your damages, such as medical records or a pain journal, so you can maximize your chances of being “made whole” or compensated fully for medical bills, lost wages, pain, and suffering, and emotional distress.
You have just a year to pursue your case under Tennessee Code Section 28-3-104 so it’s important you meet the deadlines for filing your case. Don’t hesitate to get legal help so your attorney can guide you as you navigate your rights within the legal system.
Navigating the Legal Process for Boating Accidents
The legal process following a boating accident can feel complicated, especially when you’re focused on recovering from your injuries. Understanding what lies ahead can help you feel more prepared and confident as you pursue compensation.
The process typically begins with an investigation into the accident. Your attorney will gather evidence, including photographs, witness statements, medical records, and official reports. Next, they will identify all potentially liable parties and their insurance coverage, and begin the process of filing the appropriate claims.
Most boating accident claims are resolved through negotiation, but if a fair settlement can’t be reached, your lawyer is prepared to take your case to court. Throughout each step, they will keep you informed, answer your questions, and provide honest guidance.
Call Today To Learn How Our Boating Accident Attorneys Can Help You
If you or a loved one was hurt in an incident on the water, contact The Lawyers of Brown and Roberto at (865) 691-2777 today to schedule a free consultation with a Knoxville boating accident lawyer who can help you.