Boating Accident FAQ
WASHINGTON BOATING ACCIDENT LAWYERS
Do boating accidents only include boats?
No, any accident that involves a boat, ship, jet ski (or other personal watercraft) ferry or other type of watercraft is considered a boating accident. A boating accident can be caused by one boat hitting another, a boat hitting someone on a personal watercraft, or a boat striking debris or obstructions in the water. But boating accidents can also occur when someone falls overboard. Water-skiers may be injured when they lose their balance or are struck by a passing boat after they have fallen. Other boating accidents are caused by the boat capsizing, catching on fire, or flooding.
Do I have to report a boating accident?
Yes, you do if any of the following apply:
1) The accident caused a fatality.
2) Someone disappears off a boat.
3) Someone is injured and needs more that basic first aid to treat the boating injury.
4) The damage to the boat or other property exceeded $2000 (as of 05/2009 in Washington State).
5) The boat is lost completely, such as sinking.
How soon after a boating accident must a report be filed? Who is responsible for filing the report?
If you are the person who was operating the boat, you are required to file the report, unless you are physically unable to do so. The owner of the boat is the next person responsible if you cannot prepare the report.
You must file a written accident report within 48 hours if someone dies or disappears under suspicious circumstances from your boat. You must also file a written report within 48 hours if someone is injured and needs more than first aid treatment. Otherwise you have within 10 days of the accident to file a written boating accident report. You could be fined up to $1000 or imprisoned up to six months, or both if you fail to comply with the law.
Where do I get the forms? And where do I file the report?
You can download the forms from http://www.parks.wa.gov/boating/accidents/Boat%20Accident%20Report.pdf. They should also be available through Washington State Park locations or through the local law enforcement marine unit. Submit the report to a local law enforcement agency.
What are the main factors connected with most boating accidents?
The U.S. Coast Guard reports that the following thing contribute to boating accidents more often than anything else.
Operator distraction cause boat accidents.
The person operating the boat or personal watercraft just wasn’t paying attention to what they were doing. There may be a liability issue here.
Reckless operation of the boat or personal watercraft causes boat accidents.
The person operating the boat or personal watercraft takes risks, such as operating the boat or personal watercraft at too high a speed.
Unruly passengers or reckless skiers cause boat accidents.
Passengers in the boat are horsing around and someone slips and hits their head, falls overboard, etc. A skier tries crazy stunts.
Alcohol consumption contributes to boat accidents.
When a person has been drinking they are far more likely to fall overboard and drown. Alcohol also leads to a lack of judgment which results in many of the other factors listed here as contributing to boat accidents. If you are injured because of someone else’s operating their boat or watercraft while under the influence of alcohol, you have a case for negligence.
Failure to post a proper lookout can cause boating accidents.
Many boating accidents, especially collisions occur because no one is watching for obstacles, other boats, etc. If neglect can be demonstrated, your case is stronger.
An inexperience operator can cause a boating accident.
Just as car accidents are more common among new drivers, anyone who is new to operating a boat or a personal watercraft is at higher risk for causing or being involved in a boating accident.
Equipment failure can cause a boating accident.
From motors that fail to navigational equipment, a boating accident may be caused by the failure of equipment on a boat or personal watercraft.
Weather conditions can cause a boating accident.
This is a major contributor to many serious boating accidents, especially accidents that involve the loss of the vessel. It is important to pay attention to weather advisories so that you are not caught in conditions that your vessel was not designed to handle.
If I am asked to make a statement about my boating accident to a marine patrol officer or the Coast Guard, what should I do?
Seek legal counsel first, if at all possible. If you cannot do this, only provide basic information about the accident. Never admit fault, you can always do that later if you genuinely feel that you contributed to the accident after reflecting on the event. Provide accurate details about the injuries you know that you have. Any that you don’t mention may be harder to prove if they are not included in the official accident report.
What are the boating accident statistics for the U.S.?
About 8000 boat accidents occur every year, with 5000 of those accidents resulting in injuries. Out of 5000 about 800 individuals die. Most fatal boating accidents result when a passenger falls overboard or the boat capsizes. Most non-fatal boating accidents result from collisions.
The U.S. Coast Guard keeps separate records for personal watercraft. About 2000 injuries occur as the result of the 5000 personal watercraft accidents reported each year. Over 60 of the injuries will be fatal.
Are boating accidents regulated by a different body of law than accidents that occur on land?
Boating accidents that occur on waterways that are usable for interstate or international commerce, fall under Maritime Law. This means that a boating accident that occurs in Puget Sound falls within maritime jurisdiction. But a boating accident that happens on the Snohomish River would not come under maritime law and would be handled under the laws of the Washington State.
If I am injured on a cruise ship, can I file a claim?
Yes, but you need to act promptly. Many cruise lines include language in the contract that limits how long you have to file a claim. While Washington State generally recognizes a 3-year statute of limitations, some cruise lines reduce the limitation to 1 year or less. Because you may not have access to the ship again, make sure you document the incident carefully. Take photographs that show where you were injured and show your injuries as well. Get names and contact information from anyone who witnessed the accident.