Boating Accidents

Frequently Asked Questions about Boating Accidents

Boating accidents can cause personal injury and death. The most frequently occurring incidents are collisions, flooding, fire aboard the boat, sinking, capsizing, passenger overboard, and complete disappearances.

What factors contribute to boating injuries?
The American Boating Association lists the top 6 contributors to boating accidents:

• Careless or reckless operation
• Operator inexperience
• Operator inattention
• Excessive speed
• Hazardous waters
• Alcohol use

What kinds of watercraft have the highest boating accident rates?
Total injuries and deaths are highest in open motorboats. Next highest are personal watercraft, like Jet Skis. Cabin motorboats and human-powered craft such as kayaks, canoes, and rowboats have significantly lower rates of injury and death

What is the most frequent cause of death in recreational boating accidents?
About 70% of all fatal boating accidents result in drownings.

How preventable are drownings?
Of these drowning victims, 90% were not wearing a personal flotation device (PFD or life jacket). Coast Guard fatal accident data for 2004 show that 431 lives could have been saved had boaters worn their life jackets.

Can boating safety instruction reduce the number of fatal boating accidents?
Very likely. Approximately 70% of all reported fatalities occurred on boats where the operator had not received boating safety instruction.

What does the Jones Act cover?
The Jones Act is similar to the Federal Employers Liability Act (FELA). It applies to seamen and other shipboard employees, and provides that if an employee is injured aboard ship, the employer must provide the injured employee with transportation home, and wages while aboard ship. The employer must cover the injured employee’s medical expenses, and in cases of negligence, possibly damages for pain and suffering.

What does the Death on the High Seas Act cover?
If you have lost a loved one who was serving on a ship, you may be eligible for compensation under the Death on the High Seas Act. If your loved one died as a result of an unseaworthy vessel or other employer’s negligence, you and your family may file for compensation under the Death on the High Seas Act.

If I or a loved one has been injured in a boating accident or on a commercial vessel, may I file a lawsuit?
You should consult an experienced boating accident attorney to determine whether you have a claim for which you may seek compensation. You should seek consultation as soon as possible, because some laws specify time limits for filing claims.