Boat Accident Information

Information on Boating Accidents, including an overview of the types of Boating Accidents, a list an explanation of the causes of Boating Accidents, a guide for determining liability, and an overview of the statute of limitations.

Understanding Boating Accidents · Types of Boating Accidents · Boating Accident Causes · Liability and Fault · Statute of Limitations

Understanding Boating Accidents

Boating is a popular recreational activity with people of all ages, but as more individuals spend free time on the water, the risk of involvement in a boating accident has also increased. Boats are more dangerous than many people realize, and boating accidents affect thousands of people every year in the U.S. The United States Coast Guard defines a boating accident as one of the following three scenarios:

(1) A boat passenger dies or becomes seriously injured (2) A boat passenger disappears and death or injury is suspected (3) A vessel causes or sustains damage.

It is important to understand that boating accidents are not limited to collisions, but may occur whenever a someone is killed, injured or disappears while boating. Boat crashes and accidents can result in serious personal injury, death, and high damage claims.

Types of Boating Accidents

In the U.S., collisions are the most common type of boating accident, and are mainly due to operator negligence, speeding, or carelessness. Collisions can occur when a boat collides with another boat, personal watercraft, or with a fixed or floating object such as a rock, log, bridge, or dock. Collisions can cause serious damage, injury, and even death. Other types of boating accidents include:

Capsizing: when a boat turns on its side or turns completely over Swamping: when a boat stays upright and fills with water Running aground: the impact resulting from running aground while traveling at a high speed can cause damage to the boat and passengers Falls overboard Fires Drowning accidents DUI boat accidents Slip and fall accidents on boats or docks Injuries occurring on docks and harbors Boating accidents caused by boat defects Propeller strikes

Boating Accident Causes

Many boat accidents are preventable. According to the U.S. Coast Guard, the most common causes of boat accidents include: alcohol use, careless or reckless operation, excessive speed, hazardous waters, operator inattention and operator inexperience.

These are some additional common causes of boating accidents:
Failure to have a proper lookout Ignoring posted signs and warnings Operating a damaged or defective boat Operating a boat in hazardous weather conditions

Another point to keep in mind is that boat engines produce toxic carbon monoxide, which may cause death or serious injury to passengers if they are exposed to high concentrations of the gas.

Liability and Fault

Determining liability in a boating accident can be difficult because unlike vehicle accidents, boating accidents often leave few clues behind to be evaluated by investigators.

The operator of a watercraft is liable if it can be proven that he or she failed to observe and operate the watercraft using ordinary care. Additionally, if a person operates a boat or other watercraft under the influence of alcohol, he or she could be liable. The owner of a watercraft or boat may be liable if he or she knowingly permitted the watercraft to be operated by someone who was under the influence of alcohol or drugs. The operator of a boat must be knowledgeable in the use and operation of the watercraft. Failure to be sufficiently knowledgeable could make the operator and/or owner liable if someone is injured as a result of this lack of knowledge.

An important issue in determining liability in a boating accident is whether the claim is subject to admiralty jurisdiction. If the accident occurred on navigable water, admiralty law applies. Navigable water, for purposes of admiralty jurisdiction, is defined as a body of water which by itself or along with other waters, provides a highway over which commerce is or may be carried on with other states or foreign countries. If the accident did not occur on navigable waters, state law applies.

If the boat involved involved in a boating accident carries passengers for hire, it is considered a "common carrier" and is subject to liability if the highest degree of care has not been excercised.

Comparative fault is often applied to boating accidents, which means that blame for a boating accident could be shared by each vessel operator and must be determined by a court.

If you have been involved in a boating accident, it is important to contact an attorney with experience in boating accident claims and maritime law to advise you on how to proceed.

Statute of Limitations

In order to ensure that you do not waive your right to possible compensation for the injuries suffered in your boating accident, you must file a claim before the statute of limitations expires. The statute of limitations restricts the time period during which a person can file a lawsuit. After this period expires, you lose your right to bring a claim in connection with your boating accident. The statute of limitations for boating accidents depends on a number of factors, including where the accident occurred, whether it is subject to maritime or state law, and the type of claim that is being filed. In order to be certain that the statute of limitations on your boating accident case does not run out, it is advisable to contact a lawyer as soon as possible.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags: Boating Accidents · Legal Help · Watercraft Accidents