Arkansas has a lot to offer when it comes to recreational boating. With its numerous lakes and rivers, boating enthusiasts and vacationers have plenty of options for water adventures. However, boating accidents can happen, and victims should be aware of their rights under Arkansas law. This article will discuss the laws that govern boating accidents in Arkansas, the types of damages that victims can recover, and the steps that they can take to protect their rights.
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Boating Laws in Arkansas
Boating regulations in Arkansas are governed by the Arkansas Game and Fish Commission. The commission has the power to make and enforce rules and regulations concerning boating safety, equipment, and operation. Boaters in Arkansas must strictly comply with these rules and regulations to avoid accidents and injuries.
Here are some of the boating laws in Arkansas that boaters must follow:
Boating Licenses
Anyone who operates a motorized boat in Arkansas is required to obtain a boating license, except for those who were born before January 1, 1986. Boaters can obtain a license by completing an approved boating safety course.
Speed Limits
Boaters must follow speed limits in Arkansas waterways. The speed limit on lakes that are 150 acres or less is 40 miles per hour. The speed limit on lakes that are larger than 150 acres is 50 miles per hour. Boats are not allowed to operate at speeds higher than 5 miles per hour within 100 feet of any vessel, buoy, person, or shoreline.
Intoxication
Boating while under the influence of drugs or alcohol is illegal in Arkansas. Boaters who have a blood alcohol concentration (BAC) of 0.08% or higher can be charged with boating under the influence (BUI). BUI is a serious offense that can lead to fines, imprisonment, and the revocation of boating privileges.
Life Jackets
Boaters must have a properly fitting life jacket for every person on board. Children under 13 years old must wear a life jacket at all times while on board a moving vessel.
Types of Damages
Boating accidents can result in serious injuries or even death. Victims of boating accidents may be able to recover damages for their injuries or losses under Arkansas law. Here are the types of damages that victims may be able to recover:
Medical Expenses
Victims can recover damages for all medical expenses related to their injuries, including hospital bills, medications, doctor’s appointments, therapy, and rehabilitation.
Lost Income
Victims may be compensated for lost income due to their injuries. This includes past and future lost wages, as well as any loss of future earning capacity.
Pain and Suffering
Victims may receive compensation for physical pain and emotional suffering caused by their injuries. This category of damages is less tangible and more difficult to quantify than others.
Property Damage
If the victim’s property (such as their boat) was damaged in the accident, they may be able to recover compensatory damages to repair or replace it.
Punitive Damages
In rare cases, victims may be entitled to punitive damages. These damages are intended to punish the negligent party for their wrongful behavior and to deter others from engaging in similar conduct in the future.
Steps to Take After a Boating Accident
Victims of boating accidents should take certain steps to protect their rights and to increase their chances of recovery. Here are the steps that they should take:
Seek Medical Attention
The first and most important step is to seek medical attention for any injuries sustained in the accident. Even if the injuries seem minor, victims should consult a doctor to ensure that there are no underlying medical issues.
Report the Accident
Boating accidents that result in injury or death must be reported to the Arkansas Game and Fish Commission within five days. The report must include the names and contact information of those involved, the date and time of the accident, and a description of what happened.
Document the Accident
Victims should gather and document as much evidence as possible after the accident, including photos of the scene and the damage, witness statements, and police reports.
Contact a Lawyer
Victims should contact an experienced boating accident lawyer as soon as possible. A lawyer can help victims navigate the complex legal process and maximize their recovery.
Conclusion
Boating accidents in Arkansas can be devastating for victims and their families. However, victims have legal rights and may be entitled to compensation for their injuries and losses. Understanding Arkansas boating laws and working with an experienced lawyer can help victims protect their rights and seek appropriate compensation.