What Massachusetts Law Says About Vessel Collision Claims

In Massachusetts, the law surrounding vessel collision claims is governed by a combination of state regulations and maritime law. Understanding these legal principles is crucial for anyone involved in boating accidents, whether as a boat owner, operator, or passenger.

Massachusetts General Laws, Chapter 90B, outlines several statutes regarding boating and watercraft operations. The law emphasizes the need for operators to exercise due care and maintain a proper lookout to avoid collisions. When a vessel collision occurs, the responsible party can be held liable for damages if negligence can be proven.

Negligence in vessel operations may stem from various factors, including speeding, failure to adhere to navigational rules, improper vessel maintenance, or intoxication. The law requires that all boat operators have the necessary licenses and follow safety regulations to minimize the risk of accidents.

In the event of a collision, Massachusetts law allows claimants to seek compensation for various damages. These can include medical expenses, property damage, lost wages, and pain and suffering. However, it is essential for claimants to gather evidence, such as photographs, police reports, and witness testimonies, to support their claims.

Massachusetts follows a comparative negligence standard, which means that if both parties are found to be at fault, damages may be reduced based on the percentage of fault attributed to each party. For example, if one vessel is deemed 70% responsible for the collision, it can only recover 30% of the total damages incurred.

Additionally, victims of vessel collisions must be aware of the statute of limitations for filing a claim. In Massachusetts, plaintiffs generally have three years from the date of the accident to initiate a lawsuit. Failing to file within this timeframe may result in losing the right to seek compensation.

For those navigating the complexities of vessel collision claims, consulting with an experienced maritime attorney can be beneficial. An attorney can provide guidance on the intricacies of the law, help gather evidence, and advocate for a fair settlement. They can also ensure that all procedural requirements are met, maximizing the chances for a favorable outcome.

In summary, Massachusetts law provides a framework for addressing vessel collision claims, holding negligent parties accountable while allowing victims to seek compensation for their losses. Understanding these regulations is essential for anyone involved in boating, helping to promote safer waterways and protect legal rights.