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There are numerous types of boats available for hire
including cruise ships, casino boats, and fishing
charters. There are also numerous private pleasure craft
on virtually every body of water in every state. In
addition to boats, personal watercrafts, such as jet
skis, have become quite popular and are found virtually
everywhere. So, it is not surprising that boating
accidents are becoming more common than ever before.
Boating is an increasingly popular form of recreation,
and can be very enjoyable, if done responsibly. Many
times, inexperienced or negligent boat owners and
operators can ruin an otherwise exciting time and cause
extensive damage and injuries. It is a general rule of
law that the owner and operator of a boat has a duty to
exercise the highest degree of care in order to prevent
injuries and death to others.
Any injury that occurs on, or with a boat, ship, ferry
or personal water craft is considered a boating
accident. Most boating fatalities are not
weather-related. Fatalities typically occur in open
vessels on inland waters in the afternoon when the
weather and visibility are good and the winds and water
are calm. A number of events can lead to accidents on
the water. The following is a list of some of the most
common causes of recreational boating accidents:
- Collision,
capsizing, flooding, or sinking – These can be the
result of alcohol, wind, rain, sun, or waves, or a
lack of experience in boating.
- Accidents from
boating activities – Boating activities such as
water skiing can be dangerous when participants
either fail to practice safety procedures or when
they do not take into account water depth,
obstacles, and proximity to shore.
- Explosion or fire –
Fuel is the most likely source of a boat fire.
Explosions or fires often result from damage to or
improper maintenance of the fuel system.
- Electrocution – This
typically occurs due to lightning or the vessel
striking a power line. The danger posed by lightning
is just one reason why it is imperative to avoid
water under threat of storm.
Boat operators who are
involved in accidents must report the accident if the
accident has resulted in a death or disappearance of a
person, has caused an injury requiring medical attention
beyond normal first aid, and if property damage exceeds
$500. An operator involved in a boating accident must
stop their boat immediately at the scene of the accident
and give assistance to anyone injured in the accident.
The operator must also give their name, address and
identifying number of their boat to the other boat’s
operator and/or owner of damaged property. Failure to
remain on the scene, render aid, and timely report the
boating accident to an appropriate law enforcement
agency is a crime. Also, be sure to report the incident
to your insurance company to be safe and always if a
state or federal report was made.
Boating accident reports are required to be filed
within:
- 48 hours of the
occurrence or if a person has died
- 48 hours if a person
is injured and medical treatment beyond first aid is
required
- 10 days if there is
only damage to property
The information you
supply is used to develop safety regulations and
manufacturing standards for the benefit of the boating
public. The information is also used in boating safety
education programs and other boating safety initiatives.
Without good data, a boating safety hazard might be
completely overlooked and other boaters could be hurt or
killed.
Federal statutes, often referred to as admiralty laws or
maritime laws, apply to ships three miles from shore on
the Atlantic side and nine miles from shore on the Gulf
side of the states. Included within maritime law is the
doctrine of un-seaworthiness. A vessel is not seaworthy
if it lacks the proper equipment or devices to allow it
to engage safely in the trade for which it was intended.
In addition to federal maritime law, there are several
federal laws, which protect employees who work on boats:
The Jones Act and the Death on the High Seas Act. These
laws are intended to protect employees who work on
vessels on any “navigable” waters, regardless of whether
those waters are considered state waters or federal
waters.
If you have been injured while boating, you should
contact an attorney so that they can help you bring a
claim against the operator and owner of the vessel.
Commercial vessels tend to carry insurance while private
vessels are often insured under a homeowner’s policy of
insurance. Either way, you may be entitled to
compensation for the damages that you have incurred. As
with all personal injury cases, there is a statute of
limitations in these types of cases, so do not delay in
contacting a Hardison & Associates, LLP Boating Accidents
Lawyer by calling
1-800-434-8399 or
via e-mail. Otherwise you may lose out on
receiving benefits that you are entitled to.
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