In our last blog, our firm discussed the number of ways in which inclement weather can pose a greater risk to those at sea than to those on land. Despite the fact that there have been several catastrophic motor vehicle accidents throughout the years that were weather-related, the sheer isolation of being out on a vessel during a bad storm exponentially increases a person’s chances of being injured. Without the ability to seek shelter more readily as one would on solid ground, being caught in a bad storm at sea can be extremely dangerous and often lead to injury or worse, fatalities.
When someone is involved in an accident at sea, be it an accident involving a boat, cargo vessel or cruise ship, they always have a right to contact a maritime attorney for assistance to review the matter. An attorney with experience and knowledge in maritime law will then determine whether or not the victim has a viable claim, and if so, will represent them and assist them in recovering compensation. That being said, is it possible for a victim of a weather-related maritime accident to be compensated for their injuries or the loss of a loved one? The answer depends on the circumstances surrounding the accident.
Accidents relating to weather conditions can be very complicated. In instances where someone is injured through no other person’s fault aside from inclement weather, there is little chance of obtaining compensation because no one committed any wrongdoing. However, when there are other factors involved, such as negligence, then it’s possible for victims to have a claim. As an example, failing to avoid extremely bad weather or failing to properly warn the passengers or failing to set the vessel up for bad weather can be the basis of a successful claim.