Most pleasure boating accidents take place because:
- Your boat hits another boat
- Your boat hits a wave
- Your boat hits another boat’s wake
- Your boat hits a submerged rock, object, or the land
Collision with another boat. Typically, when two motorboats collide, any injured passengers on either boat might have a valid legal case against the two boat operators, similar to a car accident case. In a collision between a sailboat and a motorboat, the motorboat operator is generally more likely to blame than the sailboat. This is because safe boating practices require motorboats to keep out of the way of sailboats. Like road motorists are typically more at-fault than bicyclists and pedestrians when an accident occurs, motorboat operators have a greater duty of care.
Hitting another boat’s wake. When a boat encounters a big wake or wave, the powerful and sudden jolt can knock the passengers down, out of their seat, or even overboard. Unfortunately, legal liability for a wake accident is often difficult to determine. Federal and state boating laws and regulations, along with safe boating practices, require the boat’s operator to keep a proper lookout for anything that might be a danger to their watercraft and its passengers.
However, the boat operator’s liability in a wake accident will usually depend on the situation, such as the:
- Size of the wake
- Boat’s speed
- Visibility
- Boat traffic in the vicinity
- Passengers receiving a warning that the boat was approaching a big wake
- Location of the injured individual—whether they were on a motorboat or a sailboat
Depending on the location of the accident and the boating traffic in the vicinity, the operator of the watercraft that created the wake might also be negligent. For instance, if the boats were in a no-wake zone, such as near a marina or in inner harbors, then any wake is a violation of boating safety rules. The operator causing the wake is negligent. Another example is if a boat was rushing through a crowded area and leaving behind a large wake. Under these circumstances, the boat’s operator could be found negligent for causing too large of a wake for the area. On the other hand, if the accident occurred in an isolated area, then the other boat operator is probably not at fault for a wake accident.
Hitting a wave. An accident caused by hitting a wave is like a wake accident. However, there’s no other boat operator to hold liable. Whether the boat’s operator was negligent or not will usually depend on the circumstances listed above.
Colliding with a submerged rock, other object, or the land. Even in perfect weather and visibility conditions, boats can hit an underwater object or a rock. In bad weather and low visibility, boats can run aground or even crash into a jetty or the coastline. The boat operator’s liability for hitting a fixed object depends on the circumstances. Suppose the operator has nautical charts for the area, is operating the watercraft cautiously and slowly but still hits a rock. In that case, they will probably not be found negligent. However, if they are zipping along in thick fog, without a GPS or charts, and run into a jetty, negligence will apply.
Not having proper safety gear on board. Federal and state boating safety laws and regulations mandate that even small pleasure boats have various kinds of safety equipment on board.
These can include:
- Life jackets for each passenger
- Throwable life rings
- Navigational lights
- Flares
- Loud whistles
- Fire extinguishers
Not having the proper safety equipment onboard may not cause a boating accident, it can hinder rescue efforts if one occurs. Whistles and flares allow the passengers to signal passing boats if their vessel becomes disabled. Life jackets and life rings make it a lot easier to get an individual who has gone overboard back to safety. Lacking adequate safety equipment gear on board could result in a negligence claim against the boat’s owner or operator.
