Exploring Negligence: How is Liability Determined in Boat Accident Cases?

Boat accidents are complex and can result in serious consequences, from property damage to devastating personal injuries. Determining who is responsible for such accidents requires a careful understanding of negligence, liability, and the circumstances surrounding each case. When accidents happen on the water, the legal landscape is different from those on land. In boat accident cases, issues such as maritime laws, state regulations, and insurance requirements all come into play. Understanding how liability is determined can help those involved in boat accidents navigate the legal process more effectively. Serrano Law provides dedicated legal guidance to help you navigate the complexities of your boat accident case and pursue the compensation you deserve.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

In this page, we’ll explore how negligence plays a role in boat accidents, what factors are considered in determining liability, and the steps you can take if you find yourself in such an unfortunate situation.

Understanding Negligence in Boat Accidents

Negligence is a legal concept that applies to many types of accidents, including those that occur on the water. In essence, negligence refers to the failure of an individual to act in a manner that a reasonable person would under similar circumstances. In boat accident cases, negligence can occur in several ways, including careless navigation, improper maintenance of the vessel, or ignoring weather conditions that make sailing unsafe.

To establish negligence in a boat accident case, it must be proven that the person in question had a duty to act responsibly, that they breached this duty, and that this breach directly led to the accident and resulting damages or injuries. The duty of care in boating extends not only to the operators of the boats but also to passengers, other boaters, and even individuals on shore or in the water.

For example, if a boat operator fails to maintain control of their vessel due to speeding, and this action results in a collision, that operator may be found negligent. Similarly, if a boat owner fails to properly maintain their boat, leading to a mechanical failure that causes an accident, they may be held liable for the damages.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

How Liability is Determined in Boat Accident Cases

In determining liability, the court will look at several factors, including who was responsible for the accident and whether any laws were violated. Boat operators, much like drivers of cars, must follow certain rules and regulations while on the water. These regulations include speed limits, no-wake zones, and rules regarding alcohol consumption. If a boat operator violates any of these regulations and causes an accident, they are likely to be held liable.

However, liability is not always clear-cut. There are situations where multiple parties can share responsibility for a boat accident. For example, if two boaters are involved in a collision, one may be speeding while the other is not paying attention to their surroundings. In such a case, both parties could be found partially responsible for the accident. This is known as comparative negligence, where liability is divided based on the degree of fault each party holds.

Another consideration in boat accident liability is the concept of strict liability. In certain cases, such as accidents involving commercial vessels or rental boats, liability may be placed on the company or individual who owns the boat, regardless of whether they were personally negligent. This can occur when a boat is rented to someone without ensuring that the individual has the proper training or experience to operate the vessel safely.

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The Role of Maritime Law in Boat Accidents

Maritime law, also known as admiralty law, governs activities and accidents that occur on navigable waters, including oceans, lakes, and rivers. This body of law is complex and can differ significantly from state law, which typically applies to accidents on land. Maritime law covers everything from boating accidents to shipping and international trade, and it plays a key role in determining liability in boat accident cases.

Under maritime law, there are specific rules regarding the duties of boat operators and the responsibilities of boat owners. These rules are designed to promote safety and protect individuals who use the water for recreation or work. For example, the Jones Act, a federal law that applies to seamen, allows individuals who work on vessels to seek compensation if they are injured due to the negligence of their employer.

Maritime law can also impact how damages are awarded in boat accident cases. In some cases, the court may apply the rule of “limitation of liability,” which can limit the amount of compensation that victims can receive based on the value of the vessel involved in the accident. This limitation does not apply in all cases, but it is an important consideration in boat accident claims.

Common Causes of Boat Accidents and Their Legal Implications

There are many factors that can contribute to a boat accident, and understanding the cause of the accident is critical to determining liability. Some of the most common causes of boat accidents include operator error, mechanical failure, poor weather conditions, and intoxication.

Operator error is by far the leading cause of boat accidents. This can include anything from misjudging the distance between vessels to failing to follow proper navigation rules. In these cases, the operator of the boat is usually found liable for the accident.

Mechanical failure, such as engine malfunctions or steering problems, can also lead to serious accidents. When mechanical failure is the cause, liability may be placed on the manufacturer of the boat or the individual responsible for maintaining the vessel.

Weather conditions, such as high winds or rough seas, can make boating extremely dangerous. However, it is the responsibility of the boat operator to assess the weather and determine whether it is safe to continue. If an operator chooses to sail in unsafe conditions and causes an accident, they may be held liable for any resulting damages or injuries.

Alcohol plays a significant role in many boating accidents. Operating a boat while under the influence of alcohol is illegal and can result in severe penalties, including fines and jail time. If an intoxicated boat operator causes an accident, they will likely be found liable for any damages or injuries.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Proving Negligence and Pursuing Compensation

If you’ve been involved in a boat accident and believe someone else’s negligence was the cause, it is important to gather evidence to support your claim. This can include witness statements, photographs of the accident scene, and documentation of any injuries or property damage. In some cases, it may be necessary to hire specialists to reconstruct the accident or provide testimony regarding the cause of the accident.

Once negligence is proven, the injured party can pursue compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, and property damage. It is important to remember that each boat accident case is unique, and the amount of compensation awarded will depend on the specific circumstances of the case.

Statutes of Limitations in Boat Accident Cases

Another critical factor to consider in boat accident cases is the statute of limitations, which refers to the time limit for filing a lawsuit. In most states, individuals have a limited time to file a claim for personal injury or property damage resulting from a boat accident. The statute of limitations can vary depending on whether state law or maritime law applies, so it is essential to seek legal advice as soon as possible after an accident.

Failing to file a claim within the statute of limitations can result in the loss of your right to seek compensation. For this reason, it is important to consult with a legal professional who can guide you through the process and ensure that your case is filed in a timely manner.

If you or a loved one has been injured in a boat accident, you may be entitled to compensation for your losses. Navigating the legal complexities of boat accident claims can be overwhelming, but you don’t have to face it alone. Serrano Law is here to help. With a deep understanding of negligence and liability in boat accident cases, our team is committed to providing compassionate and effective legal representation.

Reach out to Serrano Law today to discuss your case and learn how we can assist you in pursuing the compensation you deserve. Contact our firm to schedule a consultation and take the first step toward securing justice.