Boat Accident Attorney
Accidents happen on boats, and when they do, things can get legally complicated. This guide breaks down what boat accident attorneys do in simple terms. It explains how they’re experts in maritime law and help people get fair compensation after accidents.
Whether you’re someone who got hurt in a boat accident or just curious about how these attorneys help, this guide makes it easy to understand their important role in sorting out legal issues on the water.
Boat Accident Statistics Across the United States
Recreational and commercial boating is predicted to have nearly tripled in the last decade, with over 14 million boats and personal watercraft registered in the United States. Since the late 1980s, the number of boats has surged by over 2 million, overloading our country’s rivers, lakes, and waterways.
This level of boat use has undoubtedly resulted in an increase in boating accidents. According to the US Coast Guard, there are currently over 8,600 boat accidents per year, with over 900 persons killed and about 4,500 badly injured.
The most prevalent forms of watercraft involved in boating accidents are powerboats such as speedboats, cabin cruisers, and jet skis, while sailboats can also be involved. The most common causes of boat accident injuries appear to be propeller accidents and collisions.
Furthermore, because personal watercraft like jet skis cannot be maneuvered when the throttle is disengaged, unskilled drivers frequently collide when faced with an emergency scenario.
Boats and watercraft registered in the United States should have Coast Guard-approved safety equipment, such as:
- Adults and children can use personal flotation devices of various sizes.
- Sound-making devices, such as a horn, bell or whistle.
- In the event of an emergency, use a working radio to make distress calls.
- Fire extinguishers
- Visual distress signals, such as orange flags or lights
- Ventilation on gasoline-powered boats
These and other safety equipment are critical for boaters of all ages and skill levels because they can help save lives by preventing accidents and serious injuries.
The most common causes of boat accidents are:
Intoxication
More than one-third of all boating accidents involve a boat driver under the influence of alcohol or drugs. California has strong BUI (boating under the influence) rules, yet they are frequently disobeyed. A boat accident attorney can help you recover compensation for injuries caused by inebriated boaters.
Unsafe speed.
Boating too fast for the conditions can result in a serious boat accident. Other boats can be toppled as a result of a careless boater’s wake, or passengers can be harmed if a boat bangs into submerged rocks at high speeds or is unable to stop before colliding with another boat.
Careless and reckless operation of a boat.
Many injuries result from operator negligence. Recreational boats are required to come with fire extinguishers, life vests, horns, and visual indications. Captains must be watchful for other boats and swimmers in the water. A boat accident attorney can assist you in holding negligent owners accountable for their irresponsibility.
Inexperienced Boat Driver
Boat operators must be familiar with the water rules. They must be capable of dealing with emergency situations, as well as driving and steering a boat. Without that expertise, an unskilled boater poses a risk to passengers and other boaters. Operator inexperience is the third greatest cause of boating accidents.
Bad weather conditions.
When out on the ocean, the weather can be unexpected. Operators must remain vigilant for weather changes and pay close attention to predictions and Coast Guard warnings of severe weather conditions. If they do not, they endanger their aircraft and its passengers.
Other causes include capsizing, sinking or flooding, falls overboard, collisions, fire, explosions, and disappearances.
Serious injuries and even death can result from recreational boating accidents, as well as an individual falling over the side of a boat and drowning.
Even if the injuries sustained in the boating accident are minor, it is recommended that you seek medical attention. An injury sustained in a boating accident is frequently underestimated, resulting in ongoing agony, further ailments, and increased financial responsibilities.
Top 5 Vessels Involved in Deaths
Different types of boats face different risks out on the open water. The following are the top five vessel types involved in fatal boating accidents:
Open motorboats
Cabin motorboats
Canoes and Kayaks
Pontoons
Personal watercraft
It is estimated that 84% of tragic boat accident victims were not wearing life jackets before they died.
Personal watercrafts
Personal watercraft, often colloquially known by brand names such as Sea-Doo or Jet Ski, are now commonly seen on leisure water routes, including reservoirs, lakes, and even the ocean. Nevertheless, the presence of these vehicles raises concerns due to the inclusion of several design flaws that could inherently pose risks.
High chance of Injuries
According to published statistics, personal watercraft are significantly more prone to being involved in harmful accidents. Despite constituting only 18 percent of all watercraft, they contribute to a staggering 44 percent of boating injuries.
An article from the American Medical Association highlighted that emergency rooms treated over 8.5 times more injuries related to personal watercraft than those from motorboats.
Furthermore, whereas drowning accounts for a majority of boating injuries, personal watercraft injuries are frequently caused by blunt-force trauma, including traumatic brain damage.
Drowning incidents offer more opportunities for prevention and intervention by friends, family, and emergency personnel. However, when injuries involve blunt-force trauma on the water, providing proper first aid becomes more challenging.
If injuries occur in a boating accident, what specific actions should be undertaken ?
If you find yourself injured in a boating accident, it’s essential to know the necessary steps for your safety and potential compensation. Each year, the United States witnesses thousands of boating accidents, some leading to severe or fatal injuries.
While powerboat accidents are most prevalent, incidents can involve any type of water vessel. Regardless of the specific circumstances, the actions you take following a boating accident are crucial in securing appropriate compensation.
Steps to Follow after a Boating Accident
If you are physically able, immediately after an accident, it is advisable to get in touch with the Coast Guard to report the incident. The Coast Guard will dispatch emergency personnel to the scene for providing medical assistance and assessing the situation.
It is mandatory to inform the Coast Guard in the event of a boating accident resulting in injury or death. Notification is also required if the vessel has been completely destroyed or if you estimate property damage exceeding $2,000.
While awaiting the Coast Guard, initiate the process of gathering information. Attempt to acquire the names, contact details, and insurance information of any other boaters involved in the accident.
Additionally, collect contact information for passengers and eyewitnesses to the incident. Avoid admitting fault in any conversations following the accident.
Promptly after the accident, take the following actions:
Notify your insurance company.
Contact a boat accident attorney.
These steps are crucial for ensuring a comprehensive and timely response to the boating accident, addressing medical needs, gathering essential information, and managing legal considerations effectively.
Types of Damage in a Boat Accident Lawsuit
Experiencing a boating accident can be deeply traumatic and have a lasting impact on your life. If you were part of a boating incident resulting from someone else’s negligence or wrongdoing, you have the right to seek compensation for the losses you’ve suffered.
Here are some of the damages that you may be able to claim in a boat accident lawsuit.
Costs of Previous and Future Medical Treatment
Slips and falls, near-drowning occurrences, and propeller wounds caused by a boating accident can result in high medical bills and continuous healthcare costs.
If your legal counsel can prove through a lawsuit that the other party or parties were totally responsible for the incident, you may be entitled to full reimbursement for all previous and future medical treatments required for your injuries.
This includes not just immediate doctor and hospital expenses, but also rehabilitation, treatment, and any necessary healthcare supplies.
Remuneration for Pain and Suffering.
Boating accidents can result in chronic pain and emotional trauma. If you suffered serious injuries that caused you considerable agony and emotional suffering, or if you lost a loved one in a boating accident, you may be able to receive compensation for your pain, suffering, and emotional distress.
An qualified boat accident lawyer can ensure that you get compensated for the pain, distress, and sleepless nights caused by someone else’s negligence.
Lost Wages
A boat accident may force you to miss work for an extended period of time or prevent you from accomplishing your previous job. If a negligent boater causes you to lose money or impairs your capacity to work, you can receive compensation for your financial losses, lost benefits, missed promotions, and other damages to your earning potential.
A qualified boating accident attorney can calculate your salary losses and present an convincing case for your lost wage claims.
Damage to property
If your boat is damaged in a boating accident and the other party is at fault, you are entitled to remuneration for the fair market value of your boat or the cost of any necessary repairs. You can also file a claim for personal property that was damaged, lost, or destroyed in the boating accident. Your boat accident lawyer can assist you in calculating your property damages and submitting reimbursement claims to the appropriate parties.
5 Tips for Purchasing and Operating a Safe Boat
If you’re concerned about your own and your passengers’ safety, you’re probably looking for the safest boat you can buy. But, with so many types on the market, how can you know which one is best for lowering your chances of being injured in a boat accident? Here are five suggestions you might wish to consider:
Different vessels are created for different purposes, thus it’s critical to buy a boat specifically for your intended activity. Some boats are meant for fishing, while others are for waterskiing and racing.
Purchasing the appropriate type of watercraft for a particular activity may ensure that it is used for its intended purpose, resulting in safer boating overall.
Consider the location. Choose a vessel that is appropriate for the canal in which you intend to operate it.
An airboat is barely a good boat to take out into the broad ocean, and many fishing boats are not built to withstand extended journeys at sea. Consider the local river you’ll be navigating and choose a boat that meets your demands.
Many local areas impose restrictions on the types of boats that can be operated on specific waterways. Read up on local legislation. You don’t want to invest in a boat just to find out that you can’t use it in your local lake.
Think about the size. vessel overcrowding is one of the most common causes of injury. To ensure everyone’s safety, make sure your boat is large enough to accommodate everyone in your group and never overload it.
Boat size is also significant when deciding where you’ll sail. Smaller canals demand narrower vessels, and a big boat may be unable to sail in some regions.
Understand the boat’s engine. According to Boating Magazine, there are various faults that boaters can make with their engines. Engines can overheat and catch fire if not properly maintained and checked on a regular basis.
Before acquiring a vessel, ensure that you have a thorough understanding of the engine’s capacities and maintenance requirements to avoid a boat accident injury caused by engine failure.
Do a safety check. Have the boat inspected before purchasing. If you decide to buy a used boat, you need ensure that it is in good condition. A trained inspector may inspect everything, including the hull and systems.
There is no “one-size-fits-all” solution when it comes to purchasing a boat. The perfect vessel will be determined by the type of waterways you’ll be navigating, the number of people on the boat, and the activities you’ll be doing.
It doesn’t hurt to talk to family and friends who own boats and try out other models before making a selection.
Finally, keep in mind that the best investment you can make in your own safety is not to buy a boat. Invest in marine safety courses and life jackets.
There have been hundreds of situations involving capsized boats, explosions, collisions, and other accidents that resulted in passengers falling overboard. Many of the victims were unconscious.
If a victim is wearing a lifejacket, whether aware or unconscious, it will keep them afloat until aid arrives. In many cases, a lifejacket is the only means of protection from a sea calamity.
Frequently Asked Boating Injury Questions
1. What types of boats are most often involved in accidents?
While any boat might be involved in an accident, the majority of boating accidents happen on powerboats or personal watercraft. Some boating accidents involve large commercial boats or even small sailboats, but these are uncommon.
If you have been wounded or a loved one has died in a boating accident, regardless of the type of vessel involved, you want an aggressive injury lawyer on your side.
2. Is drowning the only possible watercraft accident injury?
Drowning happens frequently in boating accidents, however there are also injuries such as:
- Head and Brain Injuries
- Broken or broken bones.
- Amputations
- Back and spinal cord injuries.
Any of these injuries can result in death. The majority of boating fatalities are caused by drowning, although catastrophic injuries are far more common. If your loved one died in a boating accident, you may be able to file a wrongful death lawsuit.
3. What are the most common causes of boating accidents?
Alcohol use is a major cause of boating accidents. However, many watercraft accidents are caused by unskilled drivers, mechanical failures, or adverse weather. Because your accident could have multiple causes, you’ll need an injury lawyer to investigate and determine responsibility. Only an expert boating accident lawyer can help you receive the maximum compensation you deserve.
4. What kind of damages can I seek in a boating accident lawsuit?
Attorneys will fight for the highest possible compensation for the following:
- Property damage.
- Medical expenses.
- Lost wages
- Emotional anguish.
- Physical pain.
The damages sought in your lawsuit will be based on how your boating accident has affected your life in particular.
5. Is there a statute of limitations for boat accident lawsuits?
Boating accidents may fall under maritime or personal injury law, but in South Carolina, both have a three-year statute of limitations. However, having three years to pursue legal action does not imply that you should wait three years to bring a claim. In fact, the longer you delay, the more difficult it will be to achieve an adequate settlement. It is always in your best advantage to call a boating accident lawyer at our company as soon as possible to begin the process and guarantee that you receive the settlement you deserve.
6. What are the leading causes of boat accidents?
The majority of boating accidents are caused by high speeds, alcohol, inexperience, dangerous circumstances, or equipment failure.
Also read: Maritime Injury Lawyer: Protecting Your Rights at Sea
