As more people enjoy water sports and boating during the summer, understanding your rights and responsibilities regarding boating and boating accidents becomes essential, especially if you encounter an injury and need a boat accident lawyer.
At the National Boating Safety Advisory Committee meeting held in 2023, the U.S. Coast Guard released a report on 2022 recreational boating incidents. The report showed 636 boating fatalities nationwide in 2022, a 3.3 percent decrease from 658 deaths in 2021. [1]
From 2021 to 2022, the total number of accidents decreased by 9 percent (from 4,439 to 4,040), and non-fatal injuries decreased by 15.9 percent (from 2,641 to 2,222). Alcohol remained the leading factor in fatal boating accidents in 2022, accounting for 88 deaths, or 16 percent of all fatalities.
Additional data for 2022 revealed: [1]
- The fatality rate was 5.4 deaths per 100,000 registered recreational vessels, a 1.8 percent decrease from the previous year’s rate of 5.5 deaths per 100,000 vessels. In 1971, when the Safe Boating Act was passed, the rate was 20.6 deaths per 100,000 vessels.
- Property damage totaled $63 million.
- The top five contributing factors in accidents were operator inattention, operator inexperience, improper lookout, excessive speed, and machinery failure.
- Of the drowning victims with reported life jacket usage, 85 percent were not wearing a life jacket, and 75 percent of all fatal boating incident victims drowned.
Maritime accidents involve various vessels, such as boats, ferries, ships, tankers, and jet skis. Compared to car accidents, boating accidents can be more complex due to fewer witnesses and the lack of physical evidence. If you need to seek compensation for damages, a knowledgeable boat accident attorney can systematically handle the process.
Common causes of boating accidents include:
- Weather conditions
- Hazardous waters
- Collision with other vessels
- Collision with submerged objects
- Capsizing
- Operator inexperience
- Operator error
- Navigational error
- Distraction
- Violating navigation rules
- Overspeeding
- Recklessness
- Manufacturing defects
- Mechanical failure
- Malfunctioning equipment
- Inadequate safety precautions/equipment
- Fires/explosions
- Falling overboard
- Improper lookout
- Intoxication
Intoxication is a leading cause of boating accidents. Boating accident lawyers often request toxicology tests. For example, in the high-profile boat accident that killed Adrienne Vaughan, president of Bloomsbury USA, in August 2023, the toxicology test of the speedboat’s skipper showed alcohol and cocaine use. [2]
Operating a boat while intoxicated can impair judgment, coordination, and reaction time, and decrease awareness, putting passengers’ lives at risk. Intoxication can increase the risk of collisions, capsizing, and drowning.
Dealing With A Boat Accident Lawyer
Dealing with a boat accident injury can be overwhelming, especially when seeking compensation from another party. Boating accident attorneys start by investigating the circumstances of the accident and gathering evidence. They understand the applicable laws and can determine liability. With this information, your attorney can negotiate with the defense or the opposing party’s insurance company. If negotiations fail, they can file a personal injury lawsuit.
Determining fault is crucial in a boating accident. Boat owners and operators are responsible for implementing safety measures, and if an accident leads to injury or death, they may be held liable. To seek compensation, these conditions must be met:
- The other party had a duty of care.
- There was a breach of that duty.
- The breach resulted in the accident.
- The accident caused your injuries.
While boat owners and operators are often at fault, other parties may also be responsible. In some cases, multiple parties may share liability. Boat accident attorneys consider various factors to determine fault and liability.
After a boating accident, seeking professional legal help is crucial. The opposing party may have their own lawyers, so being well-prepared is essential. Howard Injury Law can represent you in negotiations and, if necessary, in court.
Contact Howard Injury Law:
📲 702.331.5722
🗣 Se Habla Español
🗣 Wǒmen shuō
For ongoing news updates and safety tips, follow us on Instagram, Facebook, or X and stay informed.
