According to the statement of claim in this lawsuit, Gilbert Bayer alleged Anthony Loya was negligent in his operation of a jet ski by losing control and running over Bayer on his personal watercraft.
The accident happened in Aug. 2014 and left Bayer with neck, back and body injuries. He chose to file a personal injury lawsuit to obtain compensation for medical bills, physical impairment, pain and suffering, loss of earnings, disfigurement, mental anguish and loss of earning capacity. The plaintiff seeks a possible $1 million settlement.
Even though both men were running their personal watercraft in what they felt was a safe manner, Loya made a mistake that took his craft over Bayer’s. Loya was speeding. The trick with jet skis is that turning the power off disables the steering. Once Loya shut the craft off, he would have no control over where it went.
Whether the rest of the details in this case are to be added to the statement of claim remains to be seen. However, there are other issues to be taken into consideration, such as each jet ski operator’s training, whether they were licensed, what speed were both going, whether they had sufficient experience handling such craft and whether either of them was operating while under the influence.
Personal watercraft accidents are treated in the same manner as car accidents. Just as there are rules for the road, there are rules for boating on waterways. Those in violation of those rules do receive fines and suspensions.
Whatever the reasons for Loya’s actions, he may be considered to have been negligent, and as such, it would make him responsible and liable for the collision. If that is proven in court, Bayer may be awarded compensation for his claims.
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