Many Trumbull residents enjoy spending time sailing on Long Island Sound or local lakes, boating, waterskiing or using a personal watercraft in the summer months. Sadly, reckless or inexperienced operators can cause boating accidents that lead to devastating injuries. In these situations, it is best to call a dedicated personal injury attorney like George W. Ganim, Jr. to help.
When negligence leads to injuries, you can seek damages that offset the financial costs and provide you compensation for your injuries. A Trumbull boat accident lawyer can review the circumstances of a specific incident and offer advice about the best way to secure compensation for your injuries and financial losses.
Proving Negligence in Trumbull Boat Accidents
An injured person seeking damages must show that another person’s negligence caused or contributed to the accident. This could be the boat operator, the boat owner or an entity that manufactured or sold a defective vessel. Proving negligence requires you to show that:
- Another party owed you a duty of care
- They breached that duty of care
- The breach caused an accident that injured you
- You suffered documented losses due to the injury
Anyone operating a vessel on navigable waters has a duty to obey all applicable laws and safety regulations. A Trumbull boat injury lawyer can demonstrate negligence by proving that the operator failed to comply with navigation rules, was recklessly operating their boat or did not adhere to established safety procedures.
Who Could be Liable Besides the Boat Operator?
Attorney Ganim can identify other potentially liable parties besides the owner of the boat. If mechanical failure contributed to the incident, a manufacturer or maintenance contractor could be liable. Other boaters and passengers could be liable if their behavior contributed to the accident. If faulty navigation markers or channel maintenance were a factor, the government agency responsible for those could be liable as well.
Comparing Negligence in Boat Collisions
Connecticut follows the comparative negligence doctrine, which allows an injured person to collect damages from other parties even if they were negligent themselves. However, a negligent plaintiff who was more than 50 percent responsible cannot collect any damages at all. A local boat accident attorney could present evidence showing that other parties bore more blame for the accident than you did, thereby securing your right to compensation.
The judge will then allocate responsibility between the parties. If the judge places a percentage of fault onto you, then your damages award would be recued to reflect your degree of responsibility.
Statute of Limitations
Connecticut General Statutes § 52-584 allows an injured person two years from the date of an injury to bring a lawsuit seeking damages. Failure to file suit within that timeframe bars the court from hearing the claim, no matter the evidence.
In situations where the State of Connecticut is a defendant, the injured individual must file a notice of claim with the Claims Commissioner explaining the circumstances that led to the injury with a request for permission to sue. The notice to the State must be filed within one year of the incident while the notice to the municipality must be filed within six months of the date of incident.
Failing to adhere to the statute of limitations or to file a notice of claim means it cannot be presented to a court. If a lawyer is engaged from the early stages of a case, they can ensure that all required documents are filed in a timely manner.
Get a Trumbull Boat Accident Attorney to Pursue Your Case
Insurance companies have teams of professionals whose job it is to minimize the insurer’s liability to you. You should have a professional on your side who can counter these tactics. If you have suffered an injury while on the water, get a Trumbull boat accident lawyer to represent you. Attorney George W. Ganim, Jr. is an aggressive advocate who will work hard to get you the monetary relief that you deserve.