Boating Accident Injuries: Understanding Your Right to Compensation

Each year, thousands of individuals are injured in boating accidents, many of which could have been avoided. According to the U.S. Coast Guard, in 2023, there were 3,844 boating accidents, resulting in 564 deaths and 2,126 injuries and approximately $63 million dollars of damage to property. If you or a loved one has been injured in a boating accident, it’s crucial to understand your legal rights and the potential for compensation.

What Claims May Arise From Boating Accidents?

Boating accidents can occur due to various reasons, including collisions with other vessels or hidden hazards, leading to serious injuries and property damage. Many of these incidents happen because operators fail to follow safety rules or don’t exercise reasonable caution. If you’ve been involved in a boating accident, you may have a legal claim for compensation.

Common Causes of Boating Accidents

Understanding the common causes of boating accidents is essential for prevention and determining liability. Some of the most frequent causes include:

Operator Inattention: Distractions, such as cell phones or engaging conversations, can divert the operator’s focus, leading to accidents.
Operator Inexperience: Inexperienced boaters may lack the skills and knowledge to handle various situations, increasing the risk of accidents.
Alcohol and Substance Abuse: Operating a boat under the influence of alcohol or drugs impairs judgment and reaction time, significantly increasing the likelihood of accidents.
Excessive Speed: High-speed boating reduces reaction time and increases the severity of accidents.
Improper Lookout: Failing to maintain a proper lookout for other vessels, objects, and hazards can lead to collisions.
Navigation Rules Violations: Not following navigation rules, including right-of-way regulations and buoy markers, can result in accidents.
Machinery Failure: Mechanical failures and improper maintenance can lead to accidents, especially if not addressed promptly.
Weather Hazards: Poor visibility, rough waters, and strong currents can create dangerous conditions for boaters.
Wake and Wave Issues: A sudden maneuver or failure to slow down can contribute to an accident.

Establishing Negligence in a Boating Accident

To receive compensation for injuries sustained in a boating accident, it’s typically necessary to prove that another party’s negligence caused the accident. Negligence means that someone failed to act with reasonable care, resulting in harm. Examples of negligence in boating accidents include:

Operating a boat under the influence of alcohol or drugs.
Speeding or operating a boat recklessly.
Failing to maintain a proper lookout.
Violating navigation rules.
Operating a boat with defective equipment.
Failing to provide adequate safety equipment, such as life jackets.

Types of Legal Claims in Boating Accidents

Several types of legal claims can be pursued following a boating accident, depending on the specific circumstances:

Negligence: The injured person (plaintiff) must prove that the other party (defendant) had a duty to operate the vessel safely, breached that duty, and this breach directly caused the plaintiff’s injuries and damages.
Product Liability: If the accident was caused by a defect in the boat or its equipment, a product liability lawsuit may be brought against the manufacturer, distributor, or seller of the faulty product.
Wrongful Death: In the tragic event that a boating accident results in a fatality, the surviving family members may be able to file a wrongful death claim, seeking compensation for their loss.

What to Do After a Boating Accident

To protect your health and legal rights, it’s crucial to take certain steps after a boating accident:

Ensure Safety and Seek Medical Assistance: Prioritize the safety of everyone involved and seek medical attention immediately if injuries occur.
Report the Accident: Report the boating accident to the appropriate authorities, such as the U.S. Coast Guard or local marine patrol, especially if there are injuries, deaths, or significant property damage.
Gather Evidence: Collect as much evidence as possible at the scene of the accident, including photographs of the damage, location, and any visible injuries.
Exchange Information: Exchange contact and insurance information with the other parties involved in the accident.
Document Everything: Keep detailed records of medical treatments, expenses, and any other related costs.
Consult with a Maritime Attorney: Boating accidents often involve complex legal issues, including maritime law, which differs from general personal injury law.

Compensation for Boating Accident Injuries

If you’ve been injured in a boating accident due to someone else’s negligence, you may be entitled to compensation for various damages, including:

Medical Expenses: Compensation for medical treatment, hospitalization, surgeries, rehabilitation, prescription medications, and ongoing medical care.
Lost Wages: Coverage for lost income if the accident renders you unable to work, both temporarily and in the future.
Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
Property Damage: Coverage for repair or replacement of the damaged vessel or personal items.
Other Compensatory Damages: Compensation for other costs you have incurred due to the accident.

Insurance Coverage and Claims

To secure compensation, it’s essential to consider insurance coverage, both your own and that of the at-fault party. Key insurance types to be aware of include:

Boat Insurance: Boat owners should have insurance policies specifically tailored to their watercraft, covering liability for accidents, property damage, and injuries to passengers.
Personal Injury Protection (PIP): PIP insurance may cover medical expenses, lost wages, and even funeral costs resulting from a boat accident, regardless of fault.

Filing an insurance claim with the opposing party is often the first step following a boating accident. However, insurance claims may not fully compensate for all your losses, particularly if personal injuries are involved. In such cases, seeking a personal injury claim is essential to recovering additional costs such as medical expenses, lost wages, and emotional suffering.

The Claims Process for Boating Accidents

The claims process for boating accidents typically involves these steps:

Reporting the Claim: Report the claim to your insurance company as soon as possible.
Gathering Documentation and Evidence: Collect all relevant information and evidence, including photos, registration numbers, police reports, and medical records.
Filing a Claim with the Other Party’s Insurance Provider: If the other party has insurance, file a claim with their insurance provider as well.
Evaluation and Assessment: The insurance company will assess the damage and injuries.
Negotiating a Settlement or Going to Trial: If a fair settlement cannot be reached, your attorney will prepare your case for trial.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a personal injury claim. Under federal maritime law, the statute of limitations for personal injury claims is typically three years. However, state laws can be shorter or longer, making it critical to understand the specific deadline that applies to your case.

Contacting a Maritime Attorney

Navigating the complexities of boating accident claims can be challenging. Consulting with an experienced maritime attorney can help you understand your rights, gather evidence, negotiate with insurance companies, and pursue legal action if necessary. A skilled attorney can ensure you receive fair compensation for your injuries and losses.

If you or a loved one has been injured in a boating accident, don’t hesitate to seek legal guidance. Contact our firm today for a consultation to discuss your case and explore your options for seeking compensation.