After a Boating Accident: Steps to Take to Protect Your Claim

Boating is a beloved pastime, offering relaxation and adventure on the water. However, accidents can happen, and knowing how to respond is crucial. In 2024, the U.S. Coast Guard reported 3,887 boating incidents, resulting in 556 deaths and $88 million in property damage. If you’re involved in a boating accident, taking the right steps immediately can significantly impact your ability to protect your health and legal rights and pursue a claim for compensation.

1. Ensure Immediate Safety and Provide Assistance

The very first priority after a boating accident is to ensure the safety of everyone involved.

Check for Injuries: Assess yourself and others for injuries, even if they seem minor. Some injuries, like head trauma or internal bleeding, may not be immediately apparent. Seek immediate medical attention for anyone injured.
Provide Assistance: If possible and without endangering yourself, assist anyone who needs help. This could involve helping them stay afloat, administering first aid, or calling for emergency services.
Secure the Area: If the boat is still operational and it’s safe to do so, move it away from immediate hazards like shipping lanes or shallow areas.

2. Report the Accident to the Authorities

Reporting a boating accident is a legal requirement in many jurisdictions, especially if the accident results in injuries, death, significant property damage, or a missing person.

Who to Contact: Depending on the location and severity of the accident, contact the U.S. Coast Guard, local law enforcement, or the state’s boating authority.
What to Report: Provide a detailed account of the accident, including the time, location, conditions, and any injuries or damages.
Why Report: Reporting the accident creates an official record of the incident, which is crucial for insurance claims and potential legal action. Failure to report can result in fines or even imprisonment. In California, failing to report an accident as required by law is a misdemeanor punishable by a fine not exceeding $1,000, imprisonment not exceeding six months, or both.

3. Document the Scene and Gather Evidence

Collecting as much information as possible at the scene of the accident is vital for building a strong claim.

Take Photos and Videos: Capture the scene from multiple angles, including damage to the boats, visible injuries, weather conditions, and any contributing factors.
Collect Information: Exchange contact and insurance information with all parties involved. Obtain boat registration numbers and contact details from any witnesses.
Preserve Physical Evidence: Save any physical evidence, such as damaged equipment or debris. Avoid altering the scene unless necessary for safety reasons.

4. Seek Medical Attention and Document Injuries

Even if you feel fine after the accident, it’s essential to seek medical attention as soon as possible.

Get a Medical Evaluation: A doctor can identify any hidden injuries and provide a medical record of your condition.
Document All Treatment: Keep records of all medical expenses, including doctor visits, hospital stays, physical therapy, and medication.
Why It Matters: Medical records are crucial for proving the extent of your injuries and their connection to the accident.

5. Contact a Boating Accident Attorney

Navigating the legal complexities of a boating accident claim can be challenging. Consulting with an experienced attorney can significantly improve your chances of a successful outcome.

Legal Guidance: A boating accident attorney can advise you on your rights and obligations, explain applicable maritime laws, and help you understand the legal process.
Investigate the Accident: An attorney can conduct a thorough investigation to determine the cause of the accident and identify all liable parties.
Negotiate with Insurance Companies: Insurance companies may try to minimize payouts. An attorney can negotiate on your behalf to ensure you receive fair compensation.
File a Lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court.

6. Understand Liability and Negligence

In most boating accident cases, liability is based on negligence. This means proving that someone’s carelessness or failure to act reasonably caused the accident.

Common Examples of Negligence:
- Operating a boat under the influence of alcohol or drugs.
- Speeding or reckless operation.
- Failure to maintain a proper lookout.
- Inexperience or lack of training.
- Violation of boating laws or regulations.
Proving Negligence: To win a boating accident claim, you must prove that the other party had a duty of care, breached that duty, and that their breach caused your injuries and damages.

7. File an Insurance Claim

Report the accident to your insurance company as soon as possible.

Provide Accurate Information: Be factual and concise when describing the accident. Avoid speculation or admitting fault.
Cooperate with the Investigation: Provide any requested documentation or information to your insurer.
Be Cautious: Insurance companies may try to get you to settle for less than you deserve. It’s best to have your attorney handle communications with the insurance company.

8. Preserve Evidence and Document Everything

Preserving evidence is critical for supporting your claim.

Keep All Records: Maintain copies of all documents related to the accident, including accident reports, medical records, insurance policies, and correspondence.
Preservation of Evidence Letter: Your attorney may send a preservation of evidence letter to the other parties involved, instructing them to preserve any evidence related to the accident.
Why It Matters: Evidence can be lost or destroyed over time, so it’s essential to take steps to preserve it as soon as possible.

9. Understand Potential Compensation

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

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and long-term care expenses.
Lost Wages: You can recover lost income if your injuries prevent you from working.
Pain and Suffering: You may be compensated for physical pain, emotional distress, and diminished quality of life.
Property Damage: You can recover the cost of repairing or replacing damaged property, such as your boat or personal belongings.
Wrongful Death: In the tragic event of a fatality, surviving family members may be able to file a wrongful death claim to recover damages for funeral expenses, lost financial support, and loss of companionship.

10. Be Aware of Time Limits

Each state has a statute of limitations, which sets a deadline for filing a lawsuit. Failing to file within the prescribed time frame can result in losing your right to seek compensation. In Michigan, the statute of limitations for personal injury claims is typically three years from the date of the accident.

Conclusion

Boating accidents can have serious consequences, but by taking the right steps, you can protect your health, your legal rights, and your ability to recover fair compensation for your losses. Remember to prioritize safety, report the accident, document the scene, seek medical attention, and consult with an experienced boating accident attorney.