How Do Accident Laws Change When I’m On A Lake?
Every year there are countless accidents involving boats on Ontario waterways. These accidents can be particularly severe given the potential speeds involved and the lack of safety systems available. While you can still sue an at-fault boater for damages caused by their negligence, boating accidents are treated much differently than motor vehicle accidents in Ontario.
The first major difference is access to benefits. In the event you are injured in a motor vehicle collision, you are entitled to claim benefits for medical and rehabilitation, attendant are and loss of income. These benefits are not available in the event of a collision on the water.
The second difference is that damages for boating accidents are capped by the Marine Liability Act. Regardless of the number of claimants, the maximum amount of damages that an at-fault party can be responsible for is $1,500,000.00. This can be particularly challenging if there are multiple parties who have suffered life altering injuries.
The third difference between automobile accidents and boating accidents is the lack of mandatory insurance. Unlike cars, trucks, ATVs and snowmobiles, there is no requirement that the owner of the boat carry third party liability insurance. While many people do, the failure to carry insurance could add complications to recovering compensation, as an injured person may be required to seize assets of a negligent person to satisfy judgment.
If you’ve been injured in a boating accident, it is essential that you understand your rights and options. Contact our office today to discuss your case free of charge.
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The son of a grocery store clerk, Kevin grew up outside of Perth, Ontario. He credits his humble beginnings with the development of his underdog mentality, an approach he has carried into his legal career.
He attended McMaster University for two years before being granted early admission to Osgoode Hall Law School. After being called to the bar in 2008, Kevin began practising law in Hamilton before joining a leading Toronto litigation firm, representing Canada’s largest insurance companies on personal injury actions. “I didn’t find it fulfilling,” Kevin recalls. “I was helping companies save money, when what I wanted to do was help the people going up against these major corporations.” Since joining Oatley Vigmond, Kevin has used his insurance-industry experience to protect his clients and recover the compensation they deserved. He’d been at Oatley Vigmond for two months when he settled a matter for a client at a mediation. “You felt the burden of the litigation, and her injuries, lifting off her. I wanted to help even more people experience the relief of having their uncertainty lifted.’”