In 2023, the US Coast Guard reported 564 boating fatalities, representing a decrease of 11.3% from 2022. The Coast Guard says there were 3,844 overall boating incidents, a 4.9% decrease from the previous year.
According to boat accident lawyer Michael J. Ecuyer, boating accidents can result in a wide range of injuries, including abrasions, bruises, cuts, brain, neck, and spinal cord injuries, broken bones, drowning, whiplash, and death.
In this article, you will learn more about the important factors associated with boating accidents and the legal consequences that follow. Knowing this information will equip you with the necessary knowledge to safeguard yourself and your rights.
Common Causes of Boating Accidents
When out on the water, you can keep yourself safe by paying attention to the common causes of boating accidents.
According to a Michigan boat accident lawyer, one of the leading causes of boat accidents is the negligent actions of the boat operator. Distractions while operating a boat have resulted in numerous incidents of collisions or grounding.
Another major cause of boat accidents is speeding. Speeding reduces the operator’s reaction time, resulting in less time to avoid hazards, difficulty in navigating safely, and inability to quickly respond to sudden changes in conditions.
Alcohol use has been one of the worst factors in many accidents, negatively affecting a boat operator’s coordination and judgment.
Inexperienced sailors frequently exhibit inadequate training and poor judgment.
Staying vigilant and always choosing safety in boating can help you avoid potential hazards.
Legal Responsibilities of Boaters
If you own a boat, you should be aware of your legal responsibilities when operating it and keeping everyone on board safe.
Take charge of your boat and abide by the laws. You must observe water speed limits, keep your navigation lights in proper condition, and regularly check your vessel for any mechanical issues and damage.
You must equip the boat with the necessary safety equipment, such as life jackets and fire extinguishers. In case of an accident, you must attend to the injured and if there were any casualties. If there are other parties involved, it is always best to share information, which you can use if any legal disputes arise.
When navigating in the water, clear your mind of any worries and avoid distractions. Failure to be accountable can result in legal consequences such as fines, penalties, or even criminal charges.
Injury Claims and Compensation
When filing for injury claims and compensation, examine the legal rights awarded to the injured party and provide evidence to back your claims through photographs, witness statements, and medical records.
A lawyer can assist you in calculating the damages, such as medical bills, wage losses, and physical and emotional pain, in an accident case. Be ready to handle negotiations with the insurance company and, in the event of a lawsuit, make court appearances.
Work on your claim requirements as soon as possible after the accident to comply with your state’s statute of limitations. Invest in a boat accident lawyer to guide you throughout the legal process.
Managing Maritime Law
To function properly, maritime law requires the establishment of a distinct set of statutes governing undertakings and practices involving navigable waters.
For example, the Jones Act compensates injured maritime workers. The act allows maritime workers to sue their employers for negligence. The Longshore and Harbor Workers’ Compensation Act provides compensation for maritime workers who are not covered by the Jones Act.
Federal laws and different states may have varying laws on liability, negligence, and jurisdiction.
Steps to Take After a Boating Accident
During a boating accident, you need to immediately check everyone’s safety. Observe for any sign of injuries and ask somebody to get medical help if necessary.
Try to move your boat to a safe place, but do not leave the scene. Obtain important details from the other involved operators, including names, insurance, and the registration number of the boat.
Document your accident by taking photos and describing the weather and sea conditions. If possible, try to get testimonies from any witness. Report the accident to the respective authorities and consult a lawyer for advice.
Your immediate actions after the accident will help you defend yourself either legally or financially. You can protect your rights and possibly receive the compensation you deserve for an injury by having strong evidence that supports your claim.