Boating accidents pose a much more urgent emergency than car accidents, due to the risk of drowning. Boaters who are knocked unconscious can die or become permanently disabled within minutes, even if their injuries are fairly minor. Even with this elevated risk, operating a boat is treated as a far more casual activity than driving a car, and the laws are much more lax regarding training and licensing. In some states, even young children are allowed to operate motorized boats.
Types of Boating Accidents
Boating accidents do not always involve a crash. Examples of different types of boating accidents include:
- Boat vs. boat collisions
- Boat vs. water skier collisions
- Swimmers hit by watercraft
- Collisions with obstacles
- Propeller injuries
- Capsizing
- Sinking
- Fires and explosions
- Lost boats
- Missing boaters
- Drowning and near-drowning
Boating Accident Law
If you have been injured or lost a loved one in a boating accident, you should talk to an experienced boating accident attorney in your area. Boating is covered by federal, state, and local laws, and there are many variables which can affect your case including the type of waterway, type of watercraft, your relationship to the boat owner or operator, and the ages of those involved in the accident.
A local attorney who has experience handling boating accident claims will be familiar with the laws in your area and will know which laws apply to the waterway on which your accident occurred.
Boat Accident Reporting
Under federal law, boating accidents meeting certain criteria must be reported to the state by the boat operator. If the boat operator is deceased or is not able to file the report, the boat owner must file it. The report must be filed within 48 hours if any of the following occurred:
- Someone died in the accident
- Someone was injured and required more than first aid
- Someone disappeared and has not been found
Accidents which do not involve injuries, disappearance, or death must be reported within 10 days if any of the following conditions apply:
- Property damage to the boat and other property combined was at least $2,000
- Any boat involved in the accident was a total loss
Common Causes of Boating Accidents
Accurately determining the cause of your boating accident is very important to your case because it points to the defendant or defendants who must be named when you file your boating accident claim. Common causes of boating accidents include:
- Operator inexperience
- Intoxication
- Inadequate boat maintenance
- Defective boat or equipment
- Operator error
- Reckless boating
- Excessive speed
- Illegal racing
- Distracted operator
- Failure to have a proper lookout
- Hazardous water conditions
- Hazardous weather