Boating accidents can be governed by federal maritime law or state law, depending on where and how they happen. Deadlines and reporting rules can differ from ordinary car crash cases.
Common causes
- Operator inattention, speed or impairment.
- Collisions with other boats, docks or objects.
- Equipment failures and maintenance problems.
- Lack of lifejackets or safety gear.
- Water sports and towing accidents.
Which law applies
Accidents on navigable waters may be subject to general maritime law, which has its own rules about fault and remedies, while some are governed by state law. The general federal maritime deadline for personal injury suits is three years, but a passenger ticket, such as a cruise ticket, can set a shorter contractual deadline, sometimes one year. Check the deadline as soon as possible.
Reporting duties
Boat operators are generally required to file an accident report with state authorities when someone dies, disappears or is injured beyond first aid, or when damage exceeds a set amount. Federal rules set a threshold of $2,000 in property damage or a complete loss of the vessel for reporting under Coast Guard rules, and states may have their own. Reporting can create a record useful to your claim.
What a lawyer does
- Identifies the governing law and deadlines.
- Preserves evidence such as the vessel, logs and maintenance records.
- Investigates operator conduct, safety equipment and alcohol.
- Reviews cruise or rental contracts.
- Pursues claims against owners, operators, rental companies and manufacturers.
After a boating accident
- Get medical help and call for rescue if needed.
- Report the accident as required.
- Photograph the vessels, injuries and scene.
- Get witness and operator details.
- Check insurance, including the boat owner's policy and any marine coverage.
Frequently asked questions
Is my boat injury claim a state or federal case?
It depends on where it happened and the facts. A lawyer can tell you which law applies.
How long do I have to sue a cruise line?
Often a short contractual period stated in the ticket, so check it quickly.
Is boat insurance required?
It varies by state, but marine liability coverage is common.