Fault and Damages

The person at fault for a boating accident is the person whose negligence caused the accident. Typically, this is the person who must pay for damages. An individual is negligent when he or she did not act with reasonable care under the circumstances, such as violating applicable safety laws or operating the boat in a reckless manner. If more than one person was found to be negligent, each person could be responsible for compensating those injured according to their level of fault. If the victim was also at fault, the amount of damages awarded will be decreased according to the fault of the victim or eliminated entirely, depending on state law. Those who are at fault have a responsibility, if capable, to render aid to those involved in the accident.

Damages in a boating accident lawsuit may involve property damage, medical expenses, lost wages, pain and suffering and punitive damages.

Common Causes

The most common causes of boating accidents are collisions with other boats, collisions with fixed objects, people falling overboard, capsizing, and skier mishaps. Capsizing and falls overboard resulted in more than half of the reported fatalities in 2004. Other potential accidents involve sinking or flooding, explosions, fires, disappearances, and carbon monoxide asphyxiation. Alcohol is involved in over one-third of boating accidents and boating while under the influence of alcohol or drugs is illegal in every state.

After an accident, the boat operator is responsible for filing an accident report unless he is physically unable. It is then the boat owner’s responsibility to submit the report. Reports need to be reported to the State Boating Law Administrator when:

• A life is lost
• Someone is injured requiring medical attention beyond first aid
• A person disappears under circumstances suggesting injury or death
• The boat is damaged or there is a complete loss of any vessel.

A boating accident report is only required by federal law when the damage exceeds $2,000. States may have lower damage thresholds with many set around $500.

Reporting boat accidents is required within:

• 48 hours of the accident when a the person dies within 24 hours
• 48 hours when an injury requires medical attention beyond first aid
• 48 hours when a person goes missing suggesting injury or death
• 10 days when there is only damage to the vessel or property.

The US Coast Guard Infoline can be contacted for help in reporting an accident.

Life Jackets

The U.S. Coast Guard requires that each boat carry one life jacket or personal flotation device (PFD) that is US Coast Guard approved (Type I, II, III, or V) for each person aboard. Vessels 16 ft. and longer (other than canoes and kayaks), are required to carry at least one throwable PFD (Type IV). Adults are not required to wear the PFDs while in the boat, but they must be readily accessible.

All states have laws requiring children under a certain age to wear PFDs while on board, often those under 12 or 13 years of age. Some states though, only have requirements for children under 6 or 7. States may have exceptions where children are not required to wear a life jacket when they are in a cabin or below deck or for certain boat sizes. Eleven states do not have life jacket requirements and are now covered under federal law. Federal law requires children under the age of 13 to wear a PFD while on a boat in a federal waterway. This federal law only applies to states without PFD laws, and does not affect state laws that have lower age limits or other exceptions. A statistic to remember is 90% of drowning deaths occurred without life jackets.

If you or a loved one has been injured in a boating accident, seek the advice of an experienced personal injury attorney or boating accident lawyer right away, before your state's statute of limitations prevents you from suing. If you would like an experienced attorney to review your case, you can fill out our free case evaluation form.