| Most boating accidents can be cured by wearing | | | | injury occurred due to faulty equipment or driver |
| good quality life preservers. That's the biggest | | | | negligence, you may have a case. |
| takeaway I can provide you with. If you intend to go | | | | * Driver Error. Many accidents occur due to |
| out on a boat make sure you have vests and other | | | | negligence, intoxication, or lack of education of the |
| PFD's (personal flotation devices) available. | | | | boat driver. |
| But let's say you took that precaution, and even | | | | * Boat Capsizing/Equipment Failure. A surprisingly small |
| other precautions recommended to you during your | | | | number of accidents occur as a result of equipment |
| boating safety training. Despite all of your preparation | | | | failure. However, negligence and lack of proper |
| you still incurred an injury or got into an accident | | | | preparation can cause this to be an issue. |
| while in the water. What do you do now? | | | | * Cruise Liner Incident. Cruise liners offer a whole |
| This article is here to share some of the most | | | | different set of circumstances than normal |
| common statistics regarding boating accidents to help | | | | watercraft. All manner of injuries can be sustained on |
| make you an informed boater. In addition, it is going | | | | a cruise liner, and if you believe it was caused by the |
| to analyze what you can do from a legal perspective | | | | crew or poor conditions, you may be able to pursue |
| to make sure you are properly compensated for the | | | | the situation legally. |
| negligence or incompetence of an outside party that | | | | * General Intoxication. Whether it be via the driver, |
| damaged your property or caused injury to you or | | | | passengers, crew, or whatever, intoxication is a |
| your loved ones. | | | | leading cause of drowning and injury on boats. |
| Boating Statistics: | | | | Filing a Boating Accident Report |
| When trying to frame the circumstances of your | | | | Something that goes hand-in-hand with boating |
| accident, it might help to know some of the common | | | | accidents is the BAR, or boating accident report. |
| statistics involved in boating accidents every year. | | | | Most boaters are made aware of the federal and |
| On average, there are appx 700 reported boating | | | | state rules regarding accident filing when going |
| deaths every year in the United States. Furthermore, | | | | through boater safety training. However, when an |
| there are appx 4,500 accidents reported every year. | | | | accident occurs that you believe might require legal |
| Interestingly, it is believed that only 10-15% of all | | | | involvement, it is important to understand the rules |
| incidences are properly filed. | | | | more thoroughly. |
| Property damage involved with these events is | | | | According to accidentinfo.com/blog |
| disproportionately large when compared to more | | | | when-to-file-a-boating-accident-report-bar/, a BAR |
| common land accidents. In 2008 there was an | | | | must be filed when: |
| estimated $54 million dollars in damage across the | | | | "1. A person dies; or |
| country. For some more interested stats, consider | | | | 2. A person is injured and requires medical treatment |
| those compiled on commanderbob.com/cbstats.html: | | | | beyond first aid, i.e. treatment at a medical facility or |
| " * Over two-thirds of all fatal boating accident | | | | by a medical professional other than at the accident |
| victims drowned, and of those, ninety (90) percent | | | | scene; or |
| were not wearing a life jacket. | | | | 3. Damage to vessels and other property totals |
| * Only ten percent of deaths occurred on boats | | | | $2,000 or more or there is a complete loss of any |
| where the operator had received boating safety | | | | vessel; or |
| instruction. | | | | 4. A person disappears from the vessel under |
| * Seven out of every ten boaters who drowned | | | | circumstances that indicate death or injury. |
| were using boats less than 21 feet in length. | | | | If you experience a boating accident where one or |
| * Careless/reckless operation, operator inattention, | | | | more of these criteria have been met, you must file |
| no proper lookout, operator inexperience and | | | | a BAR within 48 hours if: |
| passenger/skier behavior rank as the top five | | | | 1. A person dies within 24 hours of the occurrence; |
| primary contributing factors in accidents. | | | | or |
| * Alcohol use is the leading contributing factor in fatal | | | | 2. A person requires medical treatment beyond first |
| boating accidents; it was listed as the leading factor in | | | | aid; or |
| 17% of the deaths. | | | | 3. A person disappears from the vessel. |
| * The most common types of vessels involved in | | | | You have 10 days to file a BAR if the damage only |
| reported accidents were open motorboats (43%), | | | | involves the vessel and/or property. Be aware that |
| personal watercraft (23%), and cabin motorboats | | | | these are the minimum requirements for federal |
| (15%)." | | | | regulation of BARs and individual states may have |
| Types of Boating Accidents: | | | | stricter reporting requirements." |
| It was touched upon in the statistics section, but let's | | | | Seeking Legal Compensation |
| list some of the most common types of accidents to | | | | Some accidents are quite simple and only involve you |
| determine if your situation falls into one of these | | | | as the boater or passenger. However, if it involves |
| criteria. | | | | multiple parties or a need for compensation from an |
| * Boat Collision. Quite simply this entails two or more | | | | external source, it is important to get in contact with |
| boats striking each other. However, collision can | | | | a professional boating accident attorney even before |
| happen in a variety of places, including crowded | | | | you start this process. They will be able to give you |
| docks, narrow passageways, and on the open sea. | | | | proper advice and keep you from sabotaging your |
| * Object Collision. Similar to boat collisions but with | | | | own case. |
| objects either at dock or in the open water. Object | | | | Be sure to find an attorney who is not only skilled at |
| collision can be the fault of the boat operator, or can | | | | boating accident cases in general, but who is also an |
| be caused by negligent/inappropriate placement | | | | expert at your states specific rules. The stringency |
| objects by other boaters or water officials. Examples | | | | of boating law varies from state to state and it is |
| include loose buoyees, inner tubes, boat parts, etc. | | | | critical to make sure you are doing everything you |
| * Water Skier/Tuber Incident. Water skiing can be | | | | can to prove you were not at fault, or even partially |
| extremely exhilarating, but it also has inherent risks. If | | | | responsible for the incident. |
| you went on a skiing or tubing trip and you believe | | | | |