Boating Accidents

Boating is a great recreational activity. Boaters can relax on the open water, go fishing, or try more active sports like water skiing. Unfortunately, boating carries some risks of danger. Boating collisions can cause severe injury or fatal drowning accidents.

If someone’s negligence caused a boating accident, you may be able to file a personal injury lawsuit to hold them liable. A boating accident claim can help you recover money for medical bills, loss of income, and property damage. If you have questions about your legal rights after a boat accident, reach out to a boating accident lawyer.

What Are Common Boating Accident Injuries?

There are many possible types of boating accidents, whether you are boating on a pond, river, lake, or ocean. According to the U.S. Coast Guard, the type five common causes of boating accidents are:

• Operator inattention
• Operator inexperience
• Improper lookout
• Excessive speed
• Machinery failure

Alcohol is the leading contributing factor in fatal boating accidents. Alcohol use is a factor in 16% of fatal boating accidents. Boating under the influence of alcohol is not only dangerous, but it is a crime. Boating owners can face penalties similar to those for driving under the influence.

Boating accidents can involve many different types of watercraft. Common recreational boats involved in accidents include:

• Open motorboats
• Kayaks
• Personal watercraft
• Pontoons
• Sailboats
• Kayak or canoe
• Jet skis

When you participate in boating activities, ensure you have all the necessary safety equipment in case you run into trouble. Wearing a life jacket can reduce the risk of drowning, and there should be enough life jackets for everyone on the boat. If you believe the boat owner was negligent in causing the accident, talk to a personal injury lawyer about a boat accident lawsuit.

Who Is Responsible for Boating Accidents?

The person responsible for a boat accident can depend on the situation. The boat’s operator may be responsible for the injuries arising from their negligent operation. The boat operator may have been speeding, operating the boat recklessly, or boating under the influence of drugs or alcohol.

Some cases may involve the behavior of another passenger. These injuries can happen when someone acts recklessly or throws someone who cannot swim into the water. If another passenger causes the accident, they may be liable for a personal injury claim.

If you are using someone else’s boat, the boat owner or rental company may be responsible for the boat. If the owner does not properly maintain the vessel or fails to provide the necessary safety equipment, the owner may be liable for any injuries.

In some cases, the boat manufacturer could be responsible for a defective part or warning on the vessel that caused your injury. In a product liability lawsuit, the manufacturer, vendor, or distributor can be strictly liable for injuries caused by the dangerous product.

How Does Maritime Law Affect Personal Injury?

Typically, state personal injury laws determine who is liable for an injury accident, including car accidents. The state civil court can also decide your boating accident case. However, some boating accidents involve federal admiralty or maritime law. These are the laws that govern and regulate issues on navigable waterways.

Injuries that occur on navigable waterways fall under federal laws. This may include personal injury cases when a crew member is injured in a boating accident, or a ship is lost at sea. Injuries you suffer on cruise ships may depend on the laws of the country where the vessel is registered. You may be dealing with a claim against a company in another country. Talk to a boating accident attorney about what laws will govern your case.

Who Is Responsible for a Drinking and Boating Accident?

Similar to driving under the influence of land, states have laws against boating under the influence. Most states define a BUI as operating a vessel on a body of water under the influence of alcohol. The legal limit for most states is the same as for driving. A boating operator is impaired with a blood-alcohol concentration (BAC) of 0.08 percent or higher.

Boating under the influence may involve criminal charges. However, if you were injured, you may be able to bring a civil claim to recover for the injuries you suffered as a result of the operator boating under the influence.

Do You Need an Attorney for a Boating Accident Injury?

Even a simple boating accident can involve complex questions of state or federal law. You can benefit from talking to an experienced lawyer about your case. An attorney familiar with boating injuries and maritime law can help you file your claim. You have a limited time to file your case under the statute of limitations. Contact an experienced boating accident lawyer about your legal options.