Boating Accident Law

Boating accidents can arise from collisions with other vessels or from striking hidden hazards, and they can lead to serious injuries and property damage. Many of these incidents occur because operators fail to follow safety rules or do not exercise the caution that a reasonable person would under the circumstances. Someone involved in such an accident may have a legal claim for compensation.

Maritime Law vs. State Law

Maritime law, often known as admiralty law, typically governs accidents on navigable waters, such as large rivers and oceans. This body of law has its own set of rules regarding liability, such as distinctive time limits for filing claims and particular considerations for commercial vessels. For accidents on smaller lakes and rivers, state law often governs. It is important to identify the relevant legal framework when seeking damages.

Practical Steps After an Accident

People who have been in a boating accident should seek medical care. If possible, though, they should document the scene where the accident occurred, gather contact information from involved parties and witnesses, and notify the appropriate authorities. These steps can help preserve evidence that may become important for proving negligence or refuting liability claims. Medical records and photos of injuries or property damage can also strengthen a case for compensation.

Collisions Between Watercraft

Some of the most frequent accidents involve collisions between boats, jet skis, and other personal watercraft. Such collisions may stem from speeding, distracting behaviors like texting, and violations of local boating regulations. In many states, for example, powered boats must yield to sailboats because they are generally less maneuverable. Failing to keep a proper lookout, such as not paying attention to nearby swimmers, can also cause a crash. Boating under the influence of alcohol or drugs is both illegal and dangerous. Such behavior can lead to criminal penalties as well as substantial liability in personal injury cases.

Accidents Involving Wakes, Waves, and Submerged Objects

Operators have a duty to anticipate wakes, waves, and submerged obstacles. A sudden maneuver or failure to slow down can contribute to an accident. In some cases, fault may be shared between a boat that created a wake and a boat that was affected by it. Marinas and other no-wake zones may impose regulations that, if violated, can serve as evidence of negligence. However, hitting an underwater object is not always the fault of the boat operator if they maintained a reasonable lookout, relied on appropriate maps, and had no reason to suspect the obstacle’s presence.

Proving Negligence

To recover compensation for injuries, a victim generally must show that another party did not act with reasonable care, that this failure caused the accident, and that actual harm resulted. For example, if a boat operator is texting while operating the vessel and improperly collides with another boat, the operator’s conduct was probably negligent. A passenger is typically not responsible for a boating accident unless they actively contributed to the incident, and an injured passenger can seek recovery from any at-fault operator, including the operator of their boat.

Damages for Boating Accidents

An injured person may be able to recover damages for medical expenses and property damage, and for lost income if an accident renders them unable to work. They may also seek non-economic damages, including compensation for pain and suffering or a diminished quality of life. Insurance coverage can be a significant factor, since many boat owners carry specialized policies. In situations where there’s not enough insurance, an injured person may try to recover from the at-fault party directly. The effective gathering of evidence, including photographs, witness accounts, and medical documentation, can play a major role in supporting any claim.

Last reviewed April 2025