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Boating is a popular way to beat the heat in Arizona, with several large lakes such as Lake Havasu, Theodore Roosevelt Lake, Lake Pleasant, Bartlett Lake, Lake Mead, and many others. Unfortunately, boating accidents are increasing according to national statistics. In 2017 there were 123 boating accidents, where 11 of them were fatal. The top five primary contributing factors in accidents: operator inattention, improper lookout, operator inexperience, machinery failure and alcohol use. That last factor was the leading cause in fatal accidents at 19 percent. If you or a family member were involved in a boating accident, don’t hesitate to call us now.

The Elements of a Boat Accident Lawsuit in Arizona

A boating accident case is essentially a negligence lawsuit consisting of the same elements that make up a car accident lawsuit. The following elements for a successful boat accident lawsuit are as follows:

  1.  There exists a duty of care by the other person;
  2. That person’s conduct breached that duty;
  3. An actual injury or damages resulted from that breach; and
  4. That breach was proximate cause, or the actual reason, for that injury.
While the elements of a boating accident injury are similar to that of a car accident, there are some unique potential facts that may exist in a boating accident that don’t exist in a car accident. Under normal circumstances, for a car accident lawsuit to exist your vehicle must be hit by another vehicle, whiplash for simply having to slam on the brakes to avoid another vehicle is often insufficient for a lawsuit. However because boats can create a wake, if another boat negligently creates a wake which hits the boat you’re in causing injuries, a potential lawsuit may exist for those injuries.

How Hitting Another Boat's Wake Can Cause a Lawsuit

When a negligent boat operator cuts in front of another boat and creates a big wave or wake, the jolt of hitting that wave can potentially knock passengers down, throw them overboard, or even worse, cause the boat to lose control. Because Arizona and federal boating laws and regulations strictly require boat operators to keep a proper lookout for other boats and keep sufficient space to be safe, such an action would likely be considered negligent. The following are some potential facts to consider whether hitting another boat with a wake could be considered negligent:

  • The size of the wake
  • The visibility on the lake
  • The speed of the boat
  • The amount of boating traffic in the area
  • Whether the injured person was on a boat or slower vehicle like a sailboat or kayak

Injured and Unable to Visit Our Office? No Problem.

We know it’s difficult enough recovering from injuries caused by a serious accident, often times we have new clients who are unable to travel. That shouldn’t prevent you from getting the legal representation you need and deserve though. With the Law Offices of Andrew R.C. Davis, we’ll send a lawyer out to meet with you anytime and anywhere to discuss your case personally. The following are locations in Arizona we serve:

  • Phoenix Area (Scottsdale, Tempe, Mesa, Gilbert, Chandler, Glendale, Peoria, Surprise, Carefree, Apache Junction)
  • Tucson Area (Oro Valley, Catalina Foothills, Marana)
  • Bullhead City
  • Lake Havasu City
If you live outside these locations, don’t worry we’ll still make the trip, just give us a call and we’ll make the arrangements.

Call (480) 565-3021 Now For a Free Consultation, We Can Help 24/7


(480) 565-3021


(480) 900-2182


Scottsdale Location

1910 S. Stapley Dr.

Ste. 221

Mesa, Arizona 85204


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. We invite you to contact us and welcome your calls and electronic mail. Please do not send any confidential information to us until an attorney-client relationship has been established.

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