Boat accidents in Jackson, Mississippi, are not only devastating but also complicated when it comes to the legal and liability aspects. As boating continues to be a popular recreational activity on Mississippi’s waterways, accidents caused by negligence, intoxication and equipment failure can result in serious injuries, deaths and financial losses for victims and their loved ones. This article will cover the laws, stats and a famous case.
Personal Injury for Boat Accidents in Jackson, Mississippi
Knowing the laws is key when you are involved in a boat accident in Jackson, Mississippi. Victims seeking compensation must deal with state and federal laws, liability and process.
Boating Laws in Mississippi
Mississippi boating laws are found in Mississippi Code Annotated § 59-21-1 et seq. which covers boat operation, safety and accident procedures. Federal laws enforced by the U.S. Coast Guard apply to certain bodies of water especially when commercial vessels are involved or on navigable waters.
Some of the key laws are:
- Operator Requirements: Boaters must have a valid boating license or certificate depending on age and type of vessel being operated.
- Safety Equipment: Boats must have life jackets, navigation lights and other safety equipment as required by law. Lack of these can be a liability if an accident occurs.
- Boating Under the Influence (BUI): Mississippi has strict laws against boating under the influence of alcohol or drugs. Operating a boat with a blood alcohol concentration (BAC) of 0.08% or higher is illegal and can result in criminal charges and civil liability if an accident occurs.
Liability and Comparative Fault in Boat Accidents
Liability in a boat accident is based on negligence. This means the victim must prove the responsible party was careless and that caused the accident. Some common causes of boat accidents are:
- Excessive Speed: Speeding in congested waterways or near docks is a common cause of accidents. Boats must follow posted speed limits and operate at a safe speed depending on conditions.
- Failure to Follow Navigation Rules: Boaters must follow right-of-way rules and proper signaling to avoid collisions.
- Intoxicated Operation: Boating under the influence of alcohol or drugs is a leading cause of accidents and deaths on the water.
- Improper Boat Maintenance: Failure to properly maintain a vessel, such as making sure the engine, lights and other safety equipment are in working order can also be a liability.
Mississippi is a modified comparative fault state, if the injured party is 50% or more at fault they can’t recover. If the injured party is less than 50% at fault, their recovery will be reduced by their percentage of fault. For example, if a victim is 20% at fault and their damages are $100,000 they will only get $80,000.
Boat Accident Victims
Victims of boat accidents in Jackson, Mississippi can seek both economic and non-economic damages depending on the severity of their injuries and losses.
- Economic Damages: These are measurable financial losses such as medical bills, lost wages, rehabilitation costs and property damage. Victims can also claim future medical expenses if the injuries require long term care or treatment.
- Non-Economic Damages: Non-economic damages are for pain and suffering, emotional distress and loss of enjoyment of life. These are harder to quantify but are important to make sure victims get fair compensation for the broader impact of the accident on their life.
- Punitive Damages: In cases of gross negligence, reckless behavior or intentional misconduct punitive damages may be awarded to punish the responsible party and deter similar conduct in the future. Boating under the influence or reckless operation of a vessel may warrant punitive damages.
How to File a Boat Accident Claim
- Filing a Claim: Victims of boat accidents must file a personal injury claim against the responsible party, usually through their insurance. This involves gathering evidence, documenting injuries and proving negligence.
- Statute of Limitations: In Mississippi victims have three years from the date of the accident to file a personal injury claim (Miss. Code Ann. § 15-1-49). If you don’t file within this time frame you will lose your right to recover.
- Evidence: Evidence in a boat accident claim includes:
- Accident reports from law enforcement or the Coast Guard.
- Witness statements from those who saw the accident.
- Photographs and videos of the scene, including damage to vessels.
- Medical records of the victim’s injuries and treatment.
Boat Accidents in Jackson, Mississippi (2023)
Boat accidents in Jackson are on the rise with the growing popularity of recreational boating and water sports in the area. Looking at the statistics helps us understand the scope and impact.
2023 Total Incidents
In 2023 there were 15 reported boat accidents in Jackson, Mississippi. These ranged from minor incidents with property damage to serious accidents with injuries and fatalities.
Common Causes
- Operator Error: 40% of boat accidents in Jackson are operator error. This includes speeding, not following navigation rules and distracted operation of the vessel.
- Intoxication: Boating under the influence (BUI) is a leading cause of accidents. In 2023 25% of the reported accidents involved alcohol or drug impairment, which increases the risk of collision and fatalities.
- Equipment Failure: 20% of the accidents were equipment failure, engine malfunction, faulty steering system or no safety equipment.
- Environmental Factors: 15% of the accidents were environmental factors, poor weather, strong currents or low visibility. These make boating more dangerous and require operators to be more aware.
Effects on Victims and Families
Boat accidents can be devastating for victims and their families. Common injuries include:
- Traumatic Brain Injuries: Collisions cause head trauma resulting in long term cognitive impairment.
- Broken Bones and Lacerations: The impact can cause fractures, deep cuts and other painful injuries.
- Drowning: Unfortunately drowning is a leading cause of death in boat accidents, especially when life jackets are not worn.
Beyond the physical injuries boat accidents can cause emotional and financial hardship. Medical bills, rehabilitation, lost wages and the emotional toll on families can be overwhelming.
Notable Personal Injury Case in the Last 10 Years
One of the biggest boat accident cases in Jackson, Mississippi was a collision between two recreational boats on Ross Barnett Reservoir that resulted in serious injuries and a major verdict.
Jones v. Lakeview Marina Case
Emily Jones, 35, was operating her boat on the reservoir when she was hit by a boat driven by a marina employee. The employee was found to be speeding and not following navigation rules and caused the collision which resulted in multiple fractures and a traumatic brain injury to Jones.
Verdict and Settlement for the Plaintiff
Emily Jones sued the marina for the employee’s negligence and the marina’s failure to train staff in safe boating practices. After several months of litigation the case settled for $2 million. The settlement covered Jones’s medical bills, lost wages, rehabilitation costs and non-economic damages for her pain and suffering.
Long term effects on Boating Safety Regulations
This case had a lasting impact on boating safety regulations in the area. The marina implemented stricter training for employees and enhanced safety protocols including enforcing speed limits on their vessels and requiring staff to complete boating safety courses.
Boat Accident Lawyer
Boat accident claims are complex and require experienced legal representation to get fair compensation for your injuries and losses. An attorney will guide you through the process from filing the claim to settlement or litigation.
Case Review and Investigation
Attorneys handling boat accident claims start by reviewing the case. This includes:
- Gathering accident reports and witness statements.
- Consulting experts, such as accident reconstruction specialists, to determine fault.
- Reviewing medical records to get the full extent of the injuries.
Settlement and Litigation Process
Many boat accident cases settle through negotiations where attorneys get a fair amount for the victim. However if the at fault party or their insurance company won’t offer a reasonable settlement the case may go to trial. During trial attorneys present evidence, call expert witnesses and argue for maximum damages.
Ongoing Client Support and Representation
Throughout the process the victim gets an attorney who provides ongoing support. This includes legal guidance, answers to questions and advocacy for the victim’s best interests in settlement talks and court.
Why Keller Swan for Boat Accident Cases?
Keller Swan’s attorneys practice personal injury cases including boat accidents and have a history of good results for their clients.
Boat Accident Litigation Experience
Keller Swan has experience in boat accident cases and knows the intricacies of maritime law and boating regulations. Our attorneys are qualified to handle these complex cases so you get the compensation you deserve.
Results
Keller Swan has settled and tried high profile boat accident cases and gotten big results. Our dedication to excellence and client satisfaction is what drives us to fight for the rights of the accident victim.
One on One Client Care and Case Management
At Keller Swan we know every case is different and we give one on one care to every client. We take the time to get to know you, your needs, concerns and goals so you get the attention and support you need through the process.
What to Do After a Boat Accident
If you’ve been in a boat accident do the following to protect your rights and build your case:
Get Medical Attention and Document Injuries
Your health is first. Get medical attention immediately even if your injuries seem minor as some conditions may not show up until later. Get a detailed medical report and keep track of all medical treatment and expenses related to the accident.
Gather Evidence and Report the Accident
Take pictures or video of the accident scene: damage to the vessels, visible injuries and the surrounding area. Get witness information and file a report with local authorities or the Coast Guard.
Talk to a Boat Accident Lawyer
Call Keller Swan to talk to a boat accident attorney about your case and options. An attorney will review your case, help you get more evidence and guide you through the claim process.
File a Claim and Negotiate a Settlement
Work with your attorney to file a personal injury claim and start settlement talks with the at fault party’s insurance company. If a reasonable settlement can’t be reached your attorney will be prepared to take the case to trial to get you the compensation you deserve.
Call Keller Swan Now
If you or a loved one has been hurt in a boat accident in Jackson, Mississippi call Keller Swan today. Our attorneys will fight for you and make sure you get the justice and compensation you’re entitled to. Call now for a free consultation and get started.
