Given that Hawaiʻi consists of eight main islands, and a total of 137 islands, islets, and atolls in the Pacific Ocean, it is little wonder that water sports are such a popular pastime in our state. Residents and tourists alike love to get out on the water, whether you are swimming, surfing, riding a jet ski, or taking a boat ride. While these recreational activities can be a lot of fun, they can also be incredibly dangerous.
If you are hurt in a boat or jet ski accident, you might be able to file a lawsuit against the driver or owner of the watercraft. Through a personal injury claim, you can recover money for your property damage, medical bills, lost wages, pain and suffering, and other losses. Our Honolulu personal injury lawyers will fight to get you the compensation that you deserve for your injuries.
At Miyashita & O’Steen, we are fierce advocates for clients who have been injured in all types of accidents throughout Hawaiʻi. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we get money for you. Contact our law offices today to schedule a free consultation with a skilled Honolulu boating and jet ski accident attorney.
Why Boating and Jet Skiing Are So Common
There are few things more enjoyable than a day spent on the water. Unfortunately, water sports, such as boating and jet skiing, can also be incredibly risky. According to data from the U.S. Coast Guard, Hawaiʻi has the
There are several reasons why boating and jet skiing can be so dangerous in our state. As an initial matter, tourists and residents do not need a license to operate a jet ski or motorboat in Hawaiʻi. Instead, to operate a recreational motorized vessel with an engine power over 10 horsepower, you simply need a
Jet skis are considered “thrill crafts” rather than motorcrafts. Given the number of jet ski accidents and incidents, the state has implemented additional requirements for jet ski operation. To operate a thrill craft (or personal watercraft), you must have a NASBLA credential and take a basic boating safety course. You must also have a Thrill Craft Operator certification.
While these requirements are a start, they do not guarantee that a person is skilled and knowledgeable when it comes to operating a boat or jet ski. Lack of hands-on experience can be a cause of many accidents, particularly in situations where the water is choppy or the weather turns.
Beyond inexperience, some of the other primary causes of boat and jet ski accidents include:
- Not paying attention
- Speeding
- Failing to look out for other watercraft and hazards
- Alcohol and/or drug use
- Environmental factors such as bad weather
- Equipment failure
In Hawaiʻi, boat and jet ski accidents also tend to spike around major holidays, like the Fourth of July, when there are a lot of people out on the water. This can lead to collisions, particularly when many boat and jet ski operators are also partying and may be drinking.
Boat and jet ski accidents can cause injuries that range from relatively minor, like cuts and bruises, to life-threatening. As Honolulu boat accident attorneys, we have represented clients who have suffered a range of injuries, including:
- Broken bones
- Limb loss
- Hypothermia
- Concussions
- Traumatic brain injuries (TBIs)
- Spinal cord damage
- Internal organ damage
- Whiplash
Unfortunately, drowning is also incredibly common when it comes to boat and jet ski accidents. The risk of drowning is increased when operators and passengers fail to wear life jackets and take other safety precautions. Our law firm has represented families in wrongful death claims related to fatal boat and jet ski accidents.
If you were involved in a boat or jet ski accident, you might be able to file a lawsuit against the at-fault party. Our experienced Honolulu jet ski accident lawyers can help you understand your rights and options during a free initial consultation.
Liability for a Hawaiʻi Boat or Jet Ski Accident
If you are injured in a boat or jet ski accident, you might be able to file a lawsuit against the at-fault party (known as the defendant). These cases are usually based on a theory of negligence, which is the failure to use reasonable care under the circumstances. In some situations, such as an accident caused by a person under the influence, the case might be based on intentional or reckless conduct.
In a boat or jet ski accident lawsuit, you might be able to sue:
- A passenger
- The owner of the boat or jet ski
- The manufacturer of the watercraft
- A lifeguard
- Anyone else who may have caused or contributed to the accident
For example, consider a situation where you were kayaking when a jet ski crashed into you. The operator had rented the jet ski from a local company and did not have any of the required certifications. In this case, you might be able to file a claim against both the operator who crashed into you and caused your injuries and the rental company that owns the jet ski and failed to make sure that the operator had the appropriate certifications.
To win a personal injury lawsuit, the accident victim (plaintiff) generally has the burden of proving that the defendant did something wrong. In negligence cases, this requires introducing evidence of the following four elements:
- Duty: The defendant owed you a duty to use reasonable care.
- Breach:The defendant violated that duty in some way, such as by speeding in a congested area of the water.
- Causation: The defendant’s violation was the direct cause of your injuries.
- Damages: You suffered losses as a result.
Importantly, negligence is a two-way street. Just as defendants can be held accountable for negligence, your own negligence can affect your case.
Most personal injury lawsuits are resolved outside of court. Our experienced Honolulu boat and jet ski accident attorneys will work hard to negotiate a settlement that compensates you for all of your losses. If the defendant and their insurance company refuse to offer you a fair settlement, we will take the case to trial and ask the jury to return a verdict in your favor.
Compensation and Settlements in a Hawaiʻi Personal Injury Case
In a personal injury case, you may be entitled to recover financial compensation for all of your losses. In negligence claims, this will include money for your economic and non-economic damages. If the defendant acted intentionally or recklessly, you might also be able to recover punitive damages.
Economic damages pay for your direct financial losses. They may include property damage, lost wages, reduced earning potential, medical bills, and future medical treatment. Economic damages are calculated by adding up your expenses and losses, plus your anticipated future losses.
Non-economic damages pay for your intangible losses. Examples of non-economic damages include pain and suffering, reduced quality of life, scarring, disfigurement, and emotional distress. In Hawaiʻi, pain and suffering damages are capped at $375,000 in some personal injury cases.
Punitive damages may be awarded in cases where the defendant’s conduct was intentional or reckless. They are designed to punish a wrongdoer instead of compensating a victim for their losses. If someone were operating a boat while drunk or high, they could be liable for punitive damages on top of your compensatory (economic plus non-economic) damages.
If a loved one dies in a boating or jet ski accident, then their surviving family members may file a wrongful death claim. A wrongful death action can be brought in a case where the deceased person (decedent) could have filed a personal injury lawsuit if they had survived the accident. For example, if the driver of the boat that a loved one was on got drunk and crashed into a pier, and your family member died, you can sue the operator for your losses.
In Hawaiʻi, a surviving spouse, reciprocal beneficiary, children, parents, or anyone who was dependent on the decedent may file a wrongful death claim. In addition, the personal representative of the decedent’s estate can file a wrongful death lawsuit on behalf of the estate to recover reasonable expenses related to their final illness/injury and burial.
Through a wrongful death lawsuit, you may be able to recover:
- Damages paid to the estate, including funeral costs and medical care
-
Damages paid to family members and dependents, including:
- Loss of society, companionship, comfort, consortium, or protection
- Loss of marital attention, advice, or counsel
- Loss of filial care or attention
- Loss of care, attention, advice, or counsel of a reciprocal beneficiary
- Loss of parental care, training, guidance, or education
Punitive damages cannot be awarded in a Hawaiʻi wrongful death lawsuit. However, the decedent’s estate can pursue a survival action to recover compensation for economic, non-economic, and punitive damages. This money addresses the harm that the decedent experienced as a result of their own wrongful death.
Money paid to the estate goes to pay off any debts that the estate may have incurred as a result of the wrongful death. Any remaining funds will be distributed to the decedent’s heirs and beneficiaries. Money paid to family members and dependents goes directly to them.
As seasoned Honolulu personal injury lawyers, our goal is to get our clients maximum compensation for their injuries. If you have been hurt in a boat or jet ski crash, we can help. Contact our law offices at any time to talk to a member of our legal team.
Reach Out Today for a Free Consultation with a Honolulu Boating Accident Attorney
If you have been hurt in a boat or jet ski accident in Hawaiʻi, you might be unsure of your rights or where you can turn for help. Our law firm will fight to get you the compensation that you deserve. We will take on the insurance company for you so that you can focus on your recovery.
At Miyashita & O’Steen, we offer legal representation to clients throughout Hawaiʻi who have been hurt in all types of accidents. We won’t back down from a fight and won’t rest until we get you maximum compensation for your losses. To learn more or to schedule an appointment with a Honolulu jet ski or boat accident attorney, give us a call at 808-425-9755 or fill out our