Injured in a Boating Accident? Learn How to File a Lawsuit and Secure Compensation for Your Injuries

Boating is a beloved pastime for many, offering relaxation and recreation on the water. However, the fun can quickly turn to tragedy when accidents occur. Boating accidents are more common than you might think, and they can result in serious injuries, significant financial burdens, and emotional distress. According to the Florida Wildlife Commission (FWC), there were 836 reportable boating accidents in Florida in 2020, a 26% increase from 2019. If you or a loved one has been injured in a boating accident, understanding your legal rights and how to file a lawsuit is crucial to securing the compensation you deserve.

Common Causes of Boating Accidents

Boating accidents can stem from various factors, often involving negligence or human error. Identifying the cause is the first step in determining liability and building a strong case. Here are some of the most frequent causes:

Operator Inexperience, Error, or Inattention: Many accidents occur because boat operators lack the necessary experience or fail to pay adequate attention to their surroundings. New boaters may encounter unfamiliar situations, while seasoned boaters might disregard safety guidelines.
Alcohol and Substance Abuse: Operating a boat under the influence of alcohol or drugs significantly impairs judgment, coordination, and reaction time, increasing the risk of accidents. Boating Under the Influence (BUI) is a serious offense with severe penalties. More than one-third of boating accidents are related to BUI.
Speeding and Reckless Operation: Exceeding safe speeds or operating a boat recklessly, such as disregarding speed limits or no-wake zones, can lead to collisions, capsizing, and other accidents.
Lack of Proper Navigation and Right-of-Way Knowledge: Collisions often happen when boaters don’t understand or follow navigation rules, including right-of-way regulations and buoy markers.
Inadequate Maintenance and Equipment Issues: Neglecting regular boat maintenance can lead to equipment malfunctions, such as engine failure or faulty navigation lights, increasing the risk of accidents.
Hazardous Weather Conditions: Storms, strong winds, hail, and heavy rain can make it difficult to navigate and maneuver a boat, increasing the risk of crashing or capsizing.
Inadequate Passenger Behavior: A passenger behaving in a reckless, criminal, or negligent way can cause an accident.

Common Injuries in Boating Accidents

The impact of a boating accident can lead to a wide range of injuries, some of which can have long-lasting consequences. Some common injuries include:

Head Injuries: Collisions can cause severe head trauma or traumatic brain injuries (TBIs), leading to dizziness, confusion, nausea, and long-term cognitive impairment.
Spinal Cord Injuries: The forces involved in boating accidents can result in spinal cord injuries, such as herniated discs, vertebral fractures, and paralysis.
Fractures and Broken Bones: Passengers can be thrown around during a crash, resulting in broken arms, legs, ribs, and other fractures.
Lacerations and Abrasions: Sharp edges, broken glass, or debris can cause cuts and abrasions, ranging from minor scrapes to deep wounds requiring stitches or surgery.
Drowning and Near-Drowning: Capsizing or being thrown overboard can lead to drowning, especially if life jackets are not worn.
Hypothermia: Falling into cold water can cause hypothermia, even in warmer climates, particularly during cooler months.
Internal Injuries: Blunt force trauma can cause internal bleeding or damage to organs, which may not be immediately apparent.
Lacerations and Amputations: Contact with propeller blades can cause deep, disfiguring lacerations and amputations.

Establishing Negligence in a Boating Accident Lawsuit

To successfully file a lawsuit and secure compensation, you must establish that another party’s negligence caused the accident and your injuries. Negligence refers to the failure to exercise reasonable care, and proving it involves demonstrating the following:

Duty of Care: The at-fault party owed you a duty of care to operate their boat safely and responsibly.
Breach of Duty: The at-fault party breached this duty of care through negligent actions, such as speeding, BUI, or failing to maintain their vessel.
Causation: The at-fault party’s negligence directly caused the boating accident.
Damages: You suffered actual damages as a result of the accident, such as medical expenses, lost wages, and pain and suffering.

Who Can Be Held Liable?

Several parties could be held liable in a boating accident lawsuit, depending on the circumstances:

The Boat Operator: If the operator’s negligence caused the accident, they can be held liable.
The Boat Owner: If the boat operator was not the owner, the owner could still be responsible, especially if they allowed an unqualified or impaired person to operate the boat.
The Boat Manufacturer: If a mechanical failure or defective part caused the accident, the manufacturer may be held liable in a product liability lawsuit.
The Company or Person Leasing the Boat: As the entity responsible for the maintenance and upkeep of the boat, companies or persons who lease boats out can be held liable for damages if they failed to properly maintain the boat’s operational or safety equipment or failed to properly train boat operators and passengers and this resulted in an accident.
Other Passengers: If a passenger behaved recklessly or negligently, causing the accident, they could be held liable.
Government Agencies: If a government agency misplaced warning buoys or failed to maintain safe waterways, they could be held responsible.

Steps to Take After a Boating Accident

Following a boating accident, taking the right steps is crucial to protect your health and legal rights:

Seek Medical Attention: Prioritize your health and seek immediate medical attention for any injuries.
Report the Accident: Notify the appropriate authorities, such as the Coast Guard or local law enforcement, and obtain a copy of the accident report.
Document the Scene: If possible, document the accident scene by taking photos and videos of the damage, injuries, and surrounding conditions.
Gather Information: Collect contact information from all involved parties, including boat operators, passengers, and witnesses.
Contact a Boating Accident Lawyer: Consult with an experienced boating accident lawyer to discuss your legal options and understand your rights.

Types of Compensation Available

If you have been injured in a boating accident due to someone else’s negligence, you may be entitled to various types of compensation, including:

Medical Expenses: This includes the cost of emergency care, surgeries, hospital stays, physical therapy, and any future medical needs related to your injury.
Lost Wages: If your injuries prevent you from working, you may be able to recover compensation for lost wages and future earning capacity.
Pain and Suffering: You can seek compensation for physical pain, emotional distress, and loss of enjoyment of life caused by the accident.
Property Damage: If your boat or other personal property was damaged in the accident, you may be entitled to compensation for repairs or replacement.
Punitive Damages: In cases of gross negligence or intentional misconduct, you may be awarded punitive damages to punish the at-fault party and deter similar behavior in the future.

Statute of Limitations

It’s essential to be aware of the statute of limitations, which sets the time limit for filing a lawsuit. The statute of limitations for boating accident claims can vary depending on whether state or maritime law applies.

State Law: In Florida, for example, the statute of limitations for boating accidents governed by Florida law is four years from the date of the accident.
Admiralty Law: For boating accidents where the Admiralty law takes precedence need to be filed sooner, within 3 years.

Failing to file a lawsuit within the applicable statute of limitations can result in losing your right to seek compensation.

The Value of a Boating Accident Lawyer

Navigating the legal complexities of a boating accident claim can be challenging. An experienced boating accident lawyer can provide invaluable assistance by:

Investigating the Accident: Gathering evidence, interviewing witnesses, and reconstructing the accident to determine liability.
Negotiating with Insurance Companies: Handling communications with insurance companies and negotiating a fair settlement on your behalf.
Filing a Lawsuit: Preparing and filing a lawsuit if a fair settlement cannot be reached through negotiation.
Representing You in Court: Presenting your case in court and advocating for your rights before a judge and jury.
Understanding Maritime Law: Maritime law, also known as admiralty law, applies to navigable waters and can cover a wide range of issues from personal injury to property damage.

Recent Boating Accident Settlements

\$4,870,578.94 Settlement: A 22-year-old woman was seriously injured when a Boston Whaler Powerboat collided with her Key West boat.
\$1.8 Million Settlement: Gruber Law Offices settled a wrongful death case for \$1.8 Million in a fatal boating accident.
\$17 Million Settlement: In 2010, two Hungarian students drowned and twelve others were injured when the Duck Boat on which they were riding was run over by a barge, which resulted in a \$17 million settlement.

Seeking Justice and Compensation

If you or a loved one has been injured in a boating accident, don’t hesitate to seek legal guidance. A skilled boating accident lawyer can help you understand your rights, navigate the legal process, and pursue the compensation you deserve. Contact a qualified attorney today to discuss your case and take the first step toward recovery.