Got In A Boating Accident? Explore Your Lawsuit/Legal Options

Being involved in a boating accident is a terrifying experience. If you or a loved one have been injured on the water, it’s crucial to understand your legal rights and options.

This guide will walk you through the immediate actions to take and the potential paths to seek compensation via a lawsuit.

The following question sums up who can benefit most by learning the information covered in this article resource:

Can I file a lawsuit if I was injured in a boating accident due to someone else’s negligence?

So, without further ado, let’s begin by exploring the facts about boat accidents, the relevant laws, the most common causes, and what your legal options are after being in one.

Boat Crash: Navigating the Legal Landscape

Let’s start with the fundamentals by clarifying what exactly constitutes a boating accident. Once you understand these details, you are better prepared to identify who is responsible and how to seek justice for the harm caused by a boat crash.

All of which are crucial to knowing how to move forward from a legal perspective.

What Constitutes a Boating Accident?

A boating accident can involve any number of personal watercraft mishaps and can lead to severe injuries, property damage, and, in some tragic cases, fatalities. This type of watercraft incident can be characterized by one or more of the following:

• A collision between two boats
• Capsizing (Occurs when a boat overturns, often due to dangerous weather or improper weight distribution).
• A boat hitting a submerged object.
• Passenger(s) fall overboard, leading to injury or fatality (drowning is the lead cause of death in boat accidents).
• Grounding (Impact of a boat on a seabed or lakebed from crossing too shallow of water).
• Flooding or swamping (water fills a boat from over the side) leading it to sink.

Chelsea Roller, Boating Community Manager and Product Expert at West Marine (headquartered in the Florida city of Ft. Lauderdale), shared the following relevant insight about a common boating accident hazard with the author and our editorial team.

One common boating hazard is the risk of running aground, especially in shallow or unfamiliar waters, often requiring a towing company to get involved.

To avoid running aground, always consult up-to-date nautical charts and use a depth finder to monitor the water depth as you navigate. If you’re unsure about the water depth, it’s a good idea to proceed slowly and be prepared to stop or reverse quickly.

What Are the Common Causes of Boat Accidents?

Common causes of boating accidents include:

• Negligence: Reckless boating, speeding, following too closely, and failing to follow navigation rules.
• Alcohol or Substance Use: Driving or operating a boat under the influence of alcohol or any other substance (is a crime)
• Distractions: Just like on the road, distractions can lead to increased risks of accidents on the water.
• Inexperienced Operators: Lack of proper training and experience can result in higher risks of accidents.
• Inadequate Lookout: Not having a designated person to watch for hazards and potential dangers in the water.
• Mechanical Failures: Engine problems or other mechanical issues can lead to accidents.

What Are the Impacts of Boat Accidents?

The most common immediate and long-term impacts of accidents in the water include the following for those affected:

• Physical Injuries: They can be as minor as cuts, bruises, or severe injuries like broken bones, spinal cord damage, or traumatic brain injuries. Fatalities can also occur in many cases.
• Emotional Trauma: The stress and fear associated with a boating accident can lead to long-term psychological and mental effects.
• Financial Burden: In addition to bodily and mental injuries, the financial loss can also occur in the form of medical bills, rehabilitation costs, and the repair or replacement of damaged property.

What Is Considered Negligence in a Boat Crash?

For negligence accident cases, negligence occurs when an individual or entity fails to execute reasonable care, resulting in harm to another person.

In the context of boating, this could mean the boat driver was not paying attention to the waterway, ignoring safety regulations, or operating the boat recklessly.

Examples of negligent behavior include:

• Speeding in restricted areas
• Failing to yield the right of way
• Operating the boat while under the influence (BUI)
• Ignoring weather warnings
• Overloading the boat beyond its capacity

Whether you’re a boat owner, passenger, or someone who enjoys recreational activities on the water, knowing what negligent boating behavior looks like can help you take the necessary precautions to avoid an accident involving a boat.

Watch the following video to learn a few helpful tips from a lawyer about what to do if you get stopped by authorities for a suspected BUI.

What Are the Immediate Steps to Take After a Boating Accident?

Here are some steps you should take in the immediate aftermath of a boating accident. First and foremost, try to remain calm and ensure you and others involved in the incident get to safety.

Ensure Safety

• Check For Injuries: Assess yourself and others onboard for any injuries or health concerns. Provide first aid to those in need. Move to a safe location if possible.
• Call For Help: Contact emergency services to seek medical help and to alert relevant authorities. Provide your location and details about the accident.
• Stay Afloat: If the boat is sinking or capsized, ensure everyone has a life jacket and can stay afloat until help arrives.
• Seek Medical Attention: Even if injuries seem minor or there are no visible injuries, it’s still necessary to get checked by a medical professional (e.g., collision accidents pose an increased risk of causing internal bleeding from broken ribs).

Report Accident

• Legal Requirement: Many jurisdictions require that boat operators report boat accidents to local authorities when serious injury, death, or substantial property damage occurs.
• Documentation: Provide accurate details about the accident, including the time, location, people involved, and the sequence of events. This information is necessary for any subsequent legal action.
• Collect Evidence: Take photos of the scene, gather witness statements, and document any damages. Keep a copy of the accident report filed with the authorities.
• Insurance Company: Notify your insurance company as soon as possible. Most policies require prompt reporting of accidents.

Boat Owners: Insurance Claim Steps

• Contact Your Insurer: Get in touch with your insurance company to file the claim. Provide all necessary information and documentation.
• Claim Form: Complete any required claim forms provided by your insurer. Be thorough and accurate in your responses.
• Settlement Offer: Carefully review your insurance company’s settlement offer to ensure that it covers all necessary repairs and expenses.
• Legal Advice: If you are concerned about the settlement offer being unfair or insufficient to cover your loss, consider seeking legal advice to protect your rights.

When Is It Necessary to File a Boat Accident Report?

Accidents on the water can be just as serious as those on land, and there are specific scenarios that federal law necessitates filing a report by the operator or owner of the recreational vessel:

• Injuries or Fatalities: If anyone involved in the boating accident is seriously injured or killed, you must file a report. This ensures that the incident is documented and that any necessary legal or medical follow-ups can be conducted.
• Significant Property Damage: You must file a report if the accident results in property damage exceeding a certain monetary threshold. Under federal law, this threshold for total property damage is $2,000, but lower amounts vary among states, so it’s essential to know the jurisdiction’s laws about this requirement as a boat operator.
• Disappearance: If someone goes missing under circumstances that suggest possible injury or death, it is imperative to file a report. This helps authorities in search and rescue operations and in investigating the incident.
• Environmental Harm: Any event that results in environmental damage, such as oil spills or other pollutant violations entering the water, must be reported.

Important Note:

• Minor Scratches on the Boat: Minor cosmetic damage that does not affect the vessel’s operation or safety does not need to be reported.

Why Should You File an Accident Report on a Boat?

Filing an accident report after a boat crash is essential for several reasons:

• Legal Compliance: Failing to report a significant boating accident can result in legal consequences. If you plan to file a lawsuit and seek compensation, it is imperative to have the incident known to the authorities.
• Insurance Claims: It may be a requirement before making the formal insurance claim requesting the insurance provider to compensate you for your damages or injuries. You must list all the details related to the accident to get the best compensation.
• Safety Improvements: Reporting accidents helps authorities gather data to improve boating safety regulations and prevent future incidents.

Understanding these reporting requirements is essential because failing to report a boat accident can result in criminal penalties and may weaken your case.

Boating Accidents: Potential Compensation, Damages, Insurance

Victims of boating accidents can receive various forms of compensation typically paid out by insurance.

The settlement amount for a boat accident can vary due to many factors, such as the severity of injuries, the degree of property damage, and the degree of negligence involved.

While each case is unique, consulting with an attorney can provide a more precise estimate based on similar past cases.

What Types of Compensation Can I Sue for in a Boating Accident Lawsuit?

There are many types of economic and non-economic damages you can seek in a boat accident lawsuit. These include:

Types of Damages and Compensation

• Medical Expenses: This covers the costs of both present and future medical care related to the injuries sustained in the accident, such as the expense of hospital admission, medicines, physical therapy, rehabilitation, etc.
• Lost Wages and Loss of Earning Capacity: If the injuries result in time missed from work, you can claim compensation for lost wages. It also includes any negative, long-term impact on earning potential.
• Pain and Suffering: This compensates for any bodily injuries and emotional distress that were caused by the accident.
• Property Damage: This covers the costs to repair or replace damaged property, including the boat and any personal belongings.

What Factors Influence Compensation Amounts?

• Severity of Injuries: More severe injuries typically result in higher compensation.
• Impact on Quality of Life: If the injuries significantly impact your ability to enjoy life or perform daily activities, this can increase the compensation amount.
• Degree of Negligence: The extent of the other party’s negligence can affect the compensation. Gross negligence or reckless behavior may result in higher awards.
• Availability of Insurance Coverage: The available insurance coverage can also influence the compensation you receive. If the at-fault party has a substantial insurance policy limit, it will be easier to secure a higher settlement.

Understanding the nature of compensation you can expect from a boating accident lawsuit will set you up for realistic expectations on the verdict. Your lawyer can provide a more detailed assessment based on the specifics of your case.

What to Know About Boating Insurance?

Boating insurance is essential for protecting yourself, your passengers, and your vessel. Various types of policies are available, each offering different levels of coverage.

Types of Boating Insurance Infographic

Here’s an overview of the main types of boating insurance:

Liability Insurance

• Coverage: This policy covers legal liability for bodily injury or property damage that has occurred while operating your boat. It includes medical expenses, legal fees, and repair costs for the other party’s property.
• Importance: Liability insurance is crucial for protecting a liable party’s financial assets in case of an accident where they are found at fault.

Collision Insurance

• Coverage: Collision insurance covers the cost of repairing or replacing the boat in the event of a collision with another boat or object resulting in considerable damage.
• Importance: This policy ensures that the policyholder can repair or replace the boat without bearing the entire financial burden.

Comprehensive Insurance

• Coverage: Comprehensive insurance covers damage to the plaintiff’s boat from non-collision incidents, such as theft, vandalism, fire, or natural disasters.
• Importance: This policy provides boat owners with broader protection for their vessels, covering many potential risks.

Uninsured/Underinsured Boater Insurance

• Coverage: This policy covers your medical expenses and property damage if an individual is involved in a boat accident with an uninsured or underinsured boater.
• Importance: It ensures that they are protected even if the other party lacks sufficient insurance coverage.

Medical Payments Coverage

• Coverage: This policy covers medical expenses for the injured parties, such as passengers, irrespective of who is at fault in an accident.
• Importance: It provides peace of mind knowing that medical costs will be covered in the event of an accident.

Personal Effects Coverage

• Coverage: This policy covers personal belongings on the boat, such as fishing equipment, electronics, and clothing, if they are damaged or stolen.
• Importance: It ensures that any valuable personal items are protected while on the water.

Towing and Assistance Coverage

• Coverage: This policy covers the cost of towing a boat if it becomes disabled on the water and other emergency assistance services.
• Importance: It provides boat owners with essential support such as on-water towing and wreckage removal (if a boat sinks) in case of mechanical failure or other emergencies. It’s like roadside assistance and tow truck coverage, except for recreational watercraft and sailboats.

Filing a Boating Accident Lawsuit in the US

Who can file a lawsuit for a boating accident? Anyone who has been injured or suffered damages in a boating accident can file a lawsuit as a plaintiff.

This includes boat passengers, operators, property owners, and even bystanders. In cases of wrongful death, family members of those who were killed can file a lawsuit.

The plaintiff must demonstrate that they have been directly affected by the accident, whether through physical injury, emotional distress, or financial loss.

Establishing liability and proving negligence are critical criteria when attempting to file a successful boating accident lawsuit.

How do I Prove Negligence in a Boating Accident Lawsuit?

To prove a negligence claim for a boat accident, you must demonstrate that:

• The defendant owed you a duty of care, which they breached.
• You suffered actual harm as a result of the breach. It caused your injuries or damages.

Steps to Prove Negligence & Establish Liability

• Consult a Personal Injury Lawyer: Seek legal advice to understand your rights and options. A lawyer specializing in boating accidents can provide valuable guidance.
• Physical evidence: You must demonstrate that the other party’s negligence caused the accident and all subsequent injuries. To prove your claim, compile tangible evidence in the form of pictures, videos, or any other relevant media.
• Reckless Boating: Show that they violated boating laws, operated the vessel recklessly, or failed to maintain their equipment properly.
• Eye Witness Testimony: The testimony of those who saw the boating accident incident can be pivotal in establishing negligence.
• Expert Witnesses: Hiring experts in boating safety and accident reconstruction to provide their professional opinion on the accident can help prove your case.
• Comparative Fault: In some cases, multiple parties may share responsibility. Understanding how each party contributed to the accident is crucial.

There must be evidence of injury or property damage resulting from the accident.

Watch this video with practicing lawyers discussing the concepts of evidence and negligence concerning a recent collision between multiple boats.

Medical records, repair bills, recorded camera footage, and photographs can serve as crucial evidence. These elements help create a straightforward narrative of how the accident occurred and who is responsible.

What Are the Steps to File a Boat Accident Lawsuit?

Filing a lawsuit after a boat accident can seem overwhelming, but having a knowledgeable boat accident lawyer by your side can make the process more manageable.

They can guide you through each step, ensuring that you have the best chance of securing the compensation you deserve.

• Initial Consultation: Discuss in detail everything about the boat accident with an experienced boat accident attorney and assess your case’s viability. Clearly communicate the incident without missing out on any details.
• Gather Evidence: Collect all relevant documents, photos, witness statements, and medical bills related to the boat accident. This evidence will support your claim and help establish the other party’s negligence.
• Send the Demand Letter: After completing all necessary treatment for your injuries, your lawyer will send a demand letter outlining the reasons for the amount of money you seek to be paid for the harm you experienced from the boating accident.
• File a Complaint: Your lawyer will file a formal complaint on your behalf in court. This document clearly outlines and establishes the cause of action, details of your allegations, and the compensation you seek.
• Negotiation and Settlement: In some scenarios, settlement can happen out of court through negotiations. Your lawyer will negotiate with the other party’s insurance company or legal representatives to reach a fair settlement.
• Trial: If a settlement isn’t reached, the case may go to trial, where both sides will present their side, and a judge or jury will determine the outcome.

Statute of Limitations: Filing a Boating Accident Lawsuit in Different States

The statute of limitations dictates the time duration within which a lawsuit must be filed. If you miss this deadline, you may lose your legal right to seek compensation for your injuries or damages.

Statute of limitations for boating accident lawsuits varies by state, and understanding these differences is essential for timely legal action.

• Personal Injury: In most states, the statute of limitations for personal injury claims, including those arising from boating accidents, ranges from 1-3 years. For example, California has a 2-year statute of limitations, while Florida allows four years.
• Property Damage: Claims for property damage typically have a longer statute of limitations, often ranging from 2-6 years. For instance, you have three years to file a property damage claim in New York.
• Wrongful Death: If a boating accident results in a fatality, the statute of limitations for wrongful death claims is usually shorter, often between 1-3 years. Texas, for example, has a two-year statute of limitations for wrongful death claims.

Exceptions and Special Considerations

• Discovery Rule: Some states have a “discovery rule,” which means the statute of limitations starts when the injury is discovered, not when the accident occurred.
• Minors: If the injured party is a minor, the statute of limitations may be extended until the minor reaches the legal age.
• Government Entities: Special rules and shorter time frames may apply if a government entity is involved.

Alternative Dispute Resolution: Mediation or Arbitration

Alternative Dispute Resolution (ADR) offers a way to resolve legal disputes without going to court. Popular ADR methods include mediation and arbitration.

Mediation

Mediation involves the participation of a mediator, a neutral third party who acts as a bridge between the two disputing parties and conducts the necessary steps to reach a mutually accepted agreement.

The mediator does not have the power to make any decisions but rather facilitates communication and negotiation. Both parties present their perspectives during mediation, and the mediator helps identify common ground to resolve the case.

The goal is to reach a settlement that satisfies both parties.

If an agreement is reached, it is put in writing and can be legally binding. Mediation is confidential, less formal, and allows the parties to maintain control over the outcome. It can also preserve relationships and provide creative solutions that a court might not offer.

Arbitration

Arbitration involves a neutral third party, known as an arbitrator, who listens to both sides and makes a binding decision. It is more formal than mediation but less so than a court trial.

Arbitration is usually faster and less expensive than litigation. The arbitrator’s decision is final and enforceable in court, providing a clear resolution.

In arbitration, both parties present evidence, testimonies, and arguments to the arbitrator, who then decides based on the information provided. The process can be binding or non-binding, depending on the agreement between the parties.

Even in ADR, having legal representation is advisable. An attorney can help prepare your case, represent your interests, and ensure that any agreement reached is fair and legally sound.

ADR offers a flexible and potentially more cost-effective way to resolve disputes arising from boating accidents. By understanding the options and benefits, you can make an informed decision about the best approach for your situation.

Who We Are: Express Legal Funding

We are Express Legal Funding, a nationally recognized and trusted pre-settlement funding company and brand based in Plano, Texas.

We assist plaintiffs in personal injury and other types of civil lawsuits by helping them cover their living expenses and other costs during the litigation process.

Key Questions & Concerns About Boat Accidents

In this section, we answer some of the most frequently asked questions and concerns our readers have about boat accident lawsuits.

What is the first action required after a boating accident?

The first action required is to ensure everyone’s safety and seek medical attention. Immediately addressing any injuries you may have is crucial to prevent further harm caused by the boating accident.

Can I file a lawsuit if a defective product caused the boating accident?

Yes, you can file a product liability lawsuit if a defective product, such as a faulty engine or safety equipment, caused the boat crash. The manufacturer or distributor may be held liable for the damages, including the cost of your medical treatment.

Speaking about defective products causing accidents, you can read our article about death wobbles in cars and trucks.

What is a reportable marine incident?

Under federal law, a reportable marine incident is any event causing death, serious injury, or significant property damage of $2,000 or more. You must report this incident to the appropriate authorities as a boat driver involved in the accident.

In Florida and Texas, significant property damage for reportable boating accidents is $2,000 or more in total property damage.

In contrast, the minimum amount of property damage for reportable boating accidents is $500 for California and only $100 for Mississippi.

Can Express Legal Funding help if I’ve been injured in a boating accident?

Yes. We are here to help you every step of the way during this challenging time. Express Legal Funding can provide you with financial assistance through its pre-settlement funding service while your lawsuit is pending.

Don’t have an attorney yet? No worries, we can refer you to one.

These immediate cash funds can help cover medical bills, living expenses, and other costs, ensuring you don’t have to settle for less than you deserve due to financial pressure.

Being hurt and out of work does not have to mean not having enough money to pay your bills with Express Legal Funding.

Call our toll-free number or apply online for legal funding anytime, 24/7. Our bilingual Spanish receptionists are standing by, ready to answer your call.

What are the qualifications to get legal funding for a boat accident?

To qualify for legal funding for a boating accident claim, you must have a claim with an attorney representing you on a contingency fee basis for the case.

Our underwriters at Express Legal Funding evaluate the strength of your case and the likelihood of a favorable outcome (there needs to be a defendant with the means to pay a judgment, such as an insurance company).

Once your application is approved, you can typically receive funding in your account within 24 hours, often the same day.