Recreational Vessels...
Boating Accident Law
Boating accidents are often more complex than the typical car accident at a stop sign. In any accident, the role of an attorney will be to investigate what happened, determine who was at fault, verify insurance coverage, preserve evidence… then use everything gathered to obtain the best possible verdict or settlement for the client.
Why is it more difficult to do this for accidents taking place on the water? There are no traffic lanes. There are no skid marks. Most boat operators are not generally licensed as they would be with cars - where minimum levels of competencency are established by state DMV offices. Licensed mariners working on commercial vessels do hold licenses, based on vessel tonnage and use, as well as endorsements for certain activities.
After a boating accident, there are important questions to answer. Where was each vessel positioned? What were the headings of the boats at the time of impact? Who had right of way? On the water, determining fault will require application of the Navigation Rules, or Collision Regulations*
Boating accidents can open the door to maritime law. Many Supreme Court and Appellate Court decisions have held that boating accidents could be subject to maritime law if they met a number of conditions. If a boating accident occurred on navigable waters and it had the potential to disrupt maritime commerce, a federal court could hear the case and apply maritime law.
* The Navigation Rules, or Collision Regulations are also known as COL REGS. Some old-timers still use the term "Rules of the Road."
What should you do immediately after a boating accident?
Legal Issues in Boating Accidents
