A duck boat is an amphibious tour bus used to show tourists around a city via waterways and roadways. It is not considered a ferry.
Recently, many accidents have occurred in and around duck boats while they are being operated on land and in the water. These types of tour boat accidents have resulted in serious injuries and deaths.
What Type of Injuries are Sustained in Duck Boat Accidents?
Duck boat accidents can occur in several ways. The resulting injuries may depend on whether the accident happened while the vehicle was on land or in the water. For example, boating accident injuries that can happen while the bus is in the water include:
- Lacerations to legs and arms
- Neck and spinal injuries
- Muscle and tissue damage
- Loss of limbs
If the accident happens on land, a passenger may sustain:
- Head injuries
- Broken bones
- Lower back injuries
Also, injuries can depend on several other factors, including the speed of the boat, the weight of the boat, and the number of passengers loaded onto the boat during the time of the accident.
Can I Sue If I Am Injured on a Duck Boat?
Duck boat companies are considered common carriers. They offer services to the public in exchange for payment. As a common carrier, the duck boat company has a duty to:
- Provide boats that are reasonably safe and also fit for the purpose intended;
- Exercise all precautions for passenger safety;
- Comply with safety rules;
- Provide drivers who have reasonable driving skills;
- Warn passengers of any potential dangers; and
- Various other requirements, depending state or local laws.
What Must I Prove in a Lawsuit Against a Duck Boat Company?
Depending on the nature of the accident, a plaintiff must usually prove that the duck boat operator negligently caused the accident. Negligence involves the failure to use the level of care a common carrier would in similar or same circumstances. To prove negligence, a plaintiff must show:
- The duck boat company had a duty to the plaintiff to not allow the injuries to occur;
- The duck boat company breached the duty of care;
- The duck boat company was the cause of the accident; and
- The plaintiff suffered injuries because of the duck boat company’s negligence.
Lastly, the plaintiff must suffer damages that can be calculated and are measurable. For instance, this can often be calculated through hospital bills and other costs.
Do I Need a Personal Injury Lawyer for a Duck Boat Accident?
If you were injured by a duck boat, it is in your best interest to speak with a personal injury lawyer about the accident. An attorney in your area can file a lawsuit on your behalf provide you with representation and guidance during the legal process.