Virginia Beach Boating Accidents Lawyer

What Do I Do if I Have Been Involved in a Boating Accident?

• Stop and assist: If you are the operator of a boat that was involved in an accident of any magnitude in the state of Virginia, you are legally obligated to stop and provide any needed aid. You could be charged with a criminal offense, similar to a hit-and-run, should you neglect this basic post-accident procedure.
• Notify local law enforcement: Your first call should be to 911, who will send local law enforcement or sheriff’s deputies to the scene of the accident. The United States Coast Guard or Conservation Officers will also respond if called.
• Collect all available evidence: The more proof you are able to gather that supports your account of events, the more solid your personal injury claim will be later on. Use your phone’s camera to take photos and videos. Write down the names and current contact information of any eyewitnesses. Do not fix your craft or get rid of a single piece of equipment until you speak with an attorney and they have told you to do so.
• Seek medical attention: Make an appointment with your family physician as soon as you are able to do so. Boating accidents can result in traumatic brain injuries, damage to your soft tissue, as well as damage to your internal organs that might not be apparent right away.
• File a report: You will be required to submit a report in writing to the Virginia Department of Game and Inland Fisheries no more than 48 hours after your accident if you were the operator of a boat that caused the critical injury or death of another person. There is a VDGIF report form specifically for boating accidents that can be found here.
• Reach out to Virginia Beach Injury: We will promptly begin investigating your claim and deal with any other issues that you might need to be addressed in the wake of a boating accident, including working with your insurance company.

What Was the Cause of My Boating Accident?

• Distracted driving: Distracted driving is just as unsafe out on the water as it is on the highway. Due to the fact that boating often entails acting quickly in order to circumvent accidents, failure to pay full attention is particularly hazardous.
• Improper lookout: The operator of a boat is constantly on the lookout for other people, boats, or miscellaneous objects that might be in the water. If you wait until the second to avoid an accident, you might be forced to make a sudden, sharp turn, a maneuver that could cause your boat to overturn.
• Driver inexperience: People who have not been trained on the proper way to drive a boat or a personal watercraft often display errors in judgment due to a lack of experience. They make basic mistakes and break well-known navigational rules that place them and those around them in danger.
• High speeds: It is careless to drive a boat or personal watercraft at excessive speeds, particularly when the water is full of other people enjoying similar activities. When the operator of a boat is speeding, they do not have enough time to react to potential danger and avoid oncoming boats, people swimming, and miscellaneous objects. They could also leave large wakes that place other boating enthusiasts in danger.
• Drunk boating: Just like driving a car while under the influence, boating is extremely unsafe when the operator’s physical and mental capacities have been diminished by the consumption of alcohol. Alcohol also makes you dehydrated, which can negatively impact your decision-making capabilities and basic thought processes.
• Mechanical malfunction: A boat that is defective in its design or a boat that has not been kept up to a certain standard could easily cause victim injuries caused by some sort of mechanical failure. For example, a boat might run into water that is too shallow or strike a submerged rock or tree if a GPS system or depth finder is not working properly. Equipment failure can also result in those on board suffering from carbon monoxide poisoning.
• Violating the rules of navigation: Driving your boat or steering your personal watercraft into areas labeled as “no-wake zones” and failing to yield the right-of-way are some commonly-seen examples of boaters violating the rules of navigation, an action that could put other operators, their family and other passengers, and those around them in danger of being seriously injured.
• Dangerous waters: Your odds of being involved in a catastrophic boating accident increase exponentially when the waters are choppy, you are in an area with lots of debris below the water line, or is heavily trafficked.
• Overcrowded vessel: Anytime too many passengers are on board a boat, the risk of someone falling over the side or being tossed overboard during a maneuver is much greater.

Possible Damages Following a Recreational Boating Accident

Boating Accidents at Marinas

Admiralty and Maritime Law

• Jones Act Claims: Regardless of whether the victim was working on a tugboat, a ferry, or an oil rig, the victim is able to file a claim under the Jones Act if their injuries were the fault of another person. The Jones Act was enacted in 1915 and enables seafarers to file a claim of personal injury against any negligent crew member, employer, agent, officer, or any other person.
• Maintenance and Cure: Commercial fishermen and seamen have the right to obtain maintenance and cure from their employers in the event that they are injured. Unlike the Jones Act, their employer does not have to demonstrate negligence. Maintenance and cure is essentially the maritime equivalent of workers’ compensation.
• Unseaworthy Vessels: Maritime law places the burden of maintaining the seaworthiness of a vessel on the owner. If the motor or any piece of equipment on the vessel is faulty, the injured seaman is able to file a claim for damages according to basic maritime law.
• Third-Party Claims by Longshoremen, Stevedores, and Shipyard Workers: As stated in maritime law, workers in the maritime field who sustain injuries can also file an additional injury claim, even if they have already filed a claim for maintenance and cure, provided that certain conditions are met.

What Are My Legal Options Following a Virginia Boating Accident