Homicide is an unjustified killing of a person. Normally, all homicides committed by civilians are regarded as illegal up until a state prosecutor decides whether or not criminal charges are to be brought.
The killing may be justifiable if someone kills someone unlawfully while defending themselves or others. However, if a killing results from negligence, it is still not acceptable, even if it occurs accidentally. If a vessel’s driver causes deaths by overcrowding their vessel, criminal homicide charges may follow in Nevada.
Can I File a Lawsuit for Damages From a Boating Accident?
Each year, more people are hurt or killed in boating accidents. According to data released by the US Coast Guard, there were 5,265 boating accidents, causing over $62.5 million in property damage in the past year. These statistics only include documented boating accidents; they do not consider accidents that may not have been reported.
Any type of watercraft, including yachts, houseboats, cruise ships, and even duck boats, might be involved in a boating disaster. The number of boating accidents yearly will only increase as more individuals own boats. This implies that there will probably be more litigation involving watercraft accident claims in the future.
A boating accident is generally considered to have happened when any of the following circumstances exist:
- During a boat trip or while aboard a boat, someone is hurt, goes missing, or passes away. This implies that a boat need not be moving to be involved in a boating accident.
- In contrast, a boating accident could also happen if the boat sustains damage or the incident harms other objects. In this instance, there may or may not have been injuries to anyone in the watercraft accident.
Injuries that frequently occur in boating accidents include the following:
- Whiplash;
- Losing a limb;
- Fractured bones;
- Your arms, legs, or other body parts have scratches or abrasions;
- Injury to the head, neck, and spine;
- Muscle and tissue injury;
- Drowning or having water in your lungs
The types of injuries one could sustain in a boating accident are not included in the list above. These types of injuries can be affected by various factors, including the size of the boat, the speed at which it was moving before the accident, the weather, the number of passengers, and so forth.
You should contact a nearby personal injury lawyer immediately for more legal guidance if you want to learn more about boating accidents and if you might be eligible for compensation for any property damage or injuries you received in a boating accident.
What Is the Penalty for a Passenger Vessel Death Caused by Overload?
Nevada law states that when too many people are on board, and at least one dies, the person operating or navigating the vessel can be prosecuted with manslaughter.
What Proof Does the State Need to Find Me Guilty of This Crime?
The prosecution must establish that the defendant:
- Operated a ship
- Negligently or purposefully crammed the ship with so many people or stuff that it sinks, sustains damage, overturns, or caused a person to drown or die in another way as a result
What Is the Nevada Definition of Manslaughter?
Charges for both voluntary and involuntary manslaughter are available in Nevada. A human being may be involuntarily killed if there is no malicious intent, the victim of a crime, or carelessness. It is not a premeditated act when a person is killed voluntarily but after being provoked.
Is Reporting a Boating Accident Required?
The law may, in several circumstances, demand that anyone engaged in a boating accident disclose the incident to the appropriate authorities.
For instance, if any of the following circumstances apply, a boating accident will most likely need to be reported:
- One or more people die as a result of the boating accident;
- A major bodily injury to a boat’s operator, a passenger, or a crew member necessitates rapid medical care that goes beyond first aid;
- One or more of the involved vessels entirely disappear, float away, or sink;
- A boat’s operator, a passenger, or a crew member vanishes in a way that raises suspicions of murder, significant injury, or wrongdoing; or
- Over $2,000 worth of damage was done to other property or any of the vessels involved in the collision.
It is also crucial to remember that if reporting a boating accident is mandated by law, the person filing the complaint must do so within 48 hours after the incident. Additionally, suppose a boating accident was not reported within the required 48-hour window. In that case, the person must do so within ten days after the incident if any of the people involved have since passed away.
Most of the time, the forms needed to file a boating accident report can be found and downloaded from the US Coast Guard website. In some circumstances, it may also be necessary to alert the local police.
Finally, a person may want to think about telling their insurance provider about a boating accident if:
- A boating accident resulted in their injuries;
- They were responsible for starting the watercraft accident;
- They harmed a boat or piece of property that wasn’t theirs; or
- A boating accident caused damage to their boat or other property.
Who Is Responsible for Boating Mishaps?
A plaintiff may be able to hold several different people accountable for injuries they suffered in a boating accident.
The facts of a specific case will often be utilized to identify which parties may be held accountable for a boating accident, much like in a car accident litigation.
The following are some typical instances of the kinds of parties that may be held accountable for a boating accident:
- The boat accident’s other participants’ captains or drivers;
- If weakness in the boat’s construction or a faulty component utilized in its construction may have contributed to the accident, the maker, distributor, or seller of the boat;
- Any boaters whose actions may have contributed to the boating catastrophe;
- If the owner of the other boat rented or allowed someone else to captain it when they knew or should have known that they lacked the necessary training to do so;
- The person or organization in charge of looking after the other boat; or
- The leisure or rental firm that granted the other boat’s users temporary access.
As previously stated, the facts of a case will determine the categories of parties that may be liable for the losses brought on by a boating accident.
The following are some frequent illustrations of situations in which the individuals on the above list could contribute to a boating accident:
- Slamming into another watercraft;
- Striking a boat dock;
- Negligently operating a watercraft;
- Neglecting boat maintenance obligations;
- While the boat is underway, distracting the skipper or the driver;
- Driving the boat while intoxicated or under the influence of drugs or alcohol; and
- Using a yacht for rent with broken parts (e.g., the boat engine dies or its gas tank leaks).
What Is the Nevada Law Regarding Overloading Passenger Vessels?
Whether or not there is evidence of negligence or willfulness influences the punishment. If the overloading was deliberate, the offense is voluntary manslaughter, which carries a sentence of up to $10,000 in fines or 20 years in jail. If there were negligence, involuntary manslaughter would be the charge, which carries a maximum sentence of 10 years in jail or a maximum fine of $5,000.
Do I Need a Lawyer?
Accidents happen, but no one should be made to pay for one for which they were not at fault. If you have been accused of manslaughter because a passenger ship was overloaded, speak immediately with a criminal defense lawyer in Nevada.
