A day on a lake, a river or the ocean can turn serious in seconds. Boats have no lanes, no brakes and often no seat belts, and a person thrown into the water can face a propeller, cold water or a head injury at the same time. After a boating accident, the questions are the same as after a car crash: who was careless, and who is responsible for the harm. The answers can involve more people than the one at the wheel.
What causes most boating accidents
Most accidents come from the operator, not the water: not keeping a lookout, going too fast for the conditions or the crowd, alcohol, inexperience, and careless towing of skiers and tubers. Large wakes near smaller boats, swimmers and docks cause injuries too. Equipment can also fail, such as a steering system, a fuel system or a kill switch that does not work.
The operator’s duty
A boat operator must use reasonable care, like a driver on the road. Operating a boat under the influence of alcohol or drugs is against the law. California now requires most people who operate a motorized boat to carry a California Boater Card, so experience and training are often part of the case.
When the owner is responsible
Often the person driving is not the owner. In California, an owner who lets someone else operate the boat can be responsible for that person’s careless operation. An owner can also be responsible for giving the keys to someone who was drunk, too young or too inexperienced to run the boat safely.
Rentals, tours and personal watercraft
Rental companies, tour operators and jet ski and parasailing businesses must keep their equipment safe and give real instructions. Many ask customers to sign a release. A signed release does not always end the case, especially when the business was grossly careless.
Federal rules can apply
Accidents on some waters fall under federal maritime law, which has its own rules. Boat owners sometimes ask a federal court to limit what they must pay, and those proceedings move fast. Deadlines vary. Act early.
What to do after a boating accident
- Get medical care right away. Near-drowning and head injuries can get worse over hours.
- Report the accident to the authorities. Serious boating accidents must be reported.
- Get names: the operator, the owner, passengers and witnesses, and the boat’s registration number.
- Keep the paperwork: rental contracts, releases, receipts and photos of the boat and the scene.
- Call early, before the boat is repaired or sold.
Read more about our boating accident and recreational boating cases.