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If someone sustains injuries onboard most types of watercraft, be it a motor boat, sailboat, cruise ship, etc., the Plaintiffs must prove that their injuries resulted from someone’s negligence or wrongdoing. Here is a partial list: 

1) The alleged Negligent Defendant owed a Duty of Reasonable Care to the Defendant; 

2) The Defendant breached that duty of reasonable care by acting unreasonably or failed to act as a prudent reasonable person would have, under the circumstances;

3) The injuries to the Plaintiff were directly and approximately caused by Defendant’s negligence or wrongdoing.

4) The injuries were reasonably foreseeable at the time the alleged carelessness took place.

5) The Plaintiff sustained injuries or damages.

In collisions between two water vehicles, generally one or both operators could be at fault. Much like car crashes, the injured parties onboard either watercraft would have a legal case against one or both operators of the vehicles. In collisions between a sailboat and a motorboat, the motorboat is, most often, found at fault. Because safe boating practices, referred to as “The Rules of the Road,” require motorboats to keep out of the way of sailboats. That is because Motorboats are more maneuverable than sailboats.

When a boat hits a big wake or wave, created by another boat, the jolt to the boat can knock the passengers down or throw them around or out of their seats or overboard. In this category of accidents, the rule is not as brightly defined as one would expect. Federal and state boating laws and regulations, as well as safe boating practices, require boats’ operators to keep proper lookout for anything that might be a hazard to their boats and passengers. Liabilities for injuries caused by wake or wave created by another boat would depend on the attendant circumstance in each case. Here are some factors that may be examined to delineate liabilities:

• The size of the wake created by defendant’s boat;
• The speed and size of the boat which created it;
• The weather and visibility conditions;
• Boat Traffic in the immediate area of the accident;
• Whether the operator warned the passengers of the approaching dangerous wake;
• Whether the injured person was aboard a motorboat or a sailboat, and so on.

Whether the operator of the boat that created the wake was negligent or not depends on the accident location; the boating traffic in the area and many other factors that must be determined.  For instance, If the boat creating the wake was in marinas or in the inner harbor areas, it is clearly a violation of the boating safety rules, and the operators would be found negligent. That is because such areas are generally No Wake Zones.  On the other hand, if the wake that caused the injury occurred in open sea, the other operator of the boat that created the wake may not be negligent.

In case of an accident caused by collision between a boat and a submerged object or rock or shore, the operator’s liability for the injury depends on the attendant circumstances. For example, if the operator has a thorough knowledge of the nautical charts for the area, and is traveling cautiously, but still hits a rock, he or she is probably not going to be found negligent. On the other hand, if he or she is zooming along in dense fog, without reasonable knowledge of navigation charts, radars or GPS equipment, and runs aground or collides with an object, most likely the operator would be held liable. That is because a prudent and reasonable operator under such circumstances would be more careful.

Federal and state boating laws coupled with admiralty and maritime laws regulate Safety rules and mandate watercrafts, even small pleasure boats to have various kinds of safety equipment such as life jackets, fire extinguishers, flares, etc., on board. While failure to have the proper safety equipment on board will probably not cause an accident, it can hamper the rescue efforts afterward. If the boat becomes disabled, flares and whistles allow the crews and/or the passengers to signal passing boats. If someone falls overboard, life jackets and life rings could make it much easier to get that person back on board. Thus, lack of proper safety equipment on board could lead to a claim of negligence against the watercraft’s owner and/or operator.

Similar to any other accident, plaintiffs in watercraft accidents are entitled to recover medical expenses, pain and suffering, lost earnings, and a host of other damages.

Navigating through the convoluted laws and rules of water vehicle accidents is a harrowing experience. Many types of complex legal theories and maritime laws regulate waterways. For example, state and federal laws require boat owners and operators to maintain their crafts in a water worthy condition. In addition, the laws prohibit negligent operation in any way, shape or form.  Negligence may take place in many ways including high speeds, alcohol or other drug use, boating near swimmers, operating the vessel in unsafe weather or high speed, and many others. Reckless and negligent acts of boat operators result in many grave injuries, loss of lives and/or damaged properties, every day. While one cannot control the unreasonable ways that others operate their boats or other water vehicles, seeking proper legal help is a choice!

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If you’ve been injured or a loved one was killed in any type of water vehicle accident, please click or call Chosen Lawyers for a FREE and CONFIDENTIAL case Evaluation, right away. The Highly Capable, Credible and Compassionate Chosen Boat Accident Lawyers know how to navigate the multitude of complex laws and shifting facts and circumstances of your accident and obtain FULL and COMPENSATION for You. There is no upfront cost to you and your Chosen Lawyer will not get paid, until You Win Your Case. Let’s Mark your Territory!