8.20.2024

Injured By A Drunk Boater In Virginia Beach? Know Your Rights

Written by: Virginia Beach Injury Law

Virginia Beach's beautiful waterways offer endless opportunities for recreation. Boating, jet skiing, and paddle boarding are popular ways to enjoy the sunshine and scenery. Unfortunately, a relaxing day on the water can turn tragic when another boater is under the influence.

Our aim is to educate you about your rights if you've been injured in a boating accident caused by a drunk boater in Virginia Beach. We'll discuss Virginia's Boating Under the Influence (BUI) laws, the dangers of drunk boating, and the steps you can take to seek compensation for your injuries.

The Dangers of Drunk Boating

Drunk boating is just as dangerous, if not more so, than driving under the influence of alcohol.

  • Impaired Judgment: Alcohol slows reaction time and affects coordination, making it difficult for boat operators to make safe decisions, navigate properly, and react to hazards.
  • Reduced Awareness: Alcohol impairs balance and diminishes spatial awareness, increasing the risk of collisions with other boats, docks, or swimmers.
  • Delayed Response: Alcohol slows reaction time, making it harder for drunk boaters to avoid obstacles or respond to emergencies.

The consequences of drunk boating can be devastating, resulting in serious injuries, property damage, and even death.

Virginia's Boating Under the Influence (BUI) Laws

Virginia has strict laws against operating a boat under the influence of alcohol or drugs. These laws are similar to those governing driving under the influence (DUI).

Blood Alcohol Content (BAC) Limits for BUI in Virginia

The legal BAC limit for operating a boat in Virginia is .08%. This means that a driver is considered to be under the influence if their blood alcohol content is .08% or higher. Just like with DUI, even a BAC below .08% can lead to a BUI conviction if the operator is demonstrably impaired.

Penalties for BUI Convictions in Virginia

A BUI conviction can result in significant penalties, including:

  • Fines: Up to $2,500 for a first offense, more for subsequent offenses.
  • Jail Time: Up to one year for a first offense, more for subsequent offenses.
  • Boating License Suspension: Loss of boating privileges for up to a year.
  • Ignition Interlock Device (IID): Required to install a breathalyzer in your boat for a period of time after a conviction.

Injuries Caused by Drunk Boating Accidents

Drunk boating accidents can cause a wide range of injuries, including:

  • Traumatic Brain Injuries (TBIs): Head injuries are common in boating accidents, especially if thrown from the boat.
  • Spinal Cord Injuries: Collisions or falls can damage the spinal cord, resulting in paralysis.
  • Broken Bones: Impacts from other boats, docks, or the water can cause fractures.
  • Lacerations: Propellers and other sharp objects can cause serious cuts.
  • Drowning: Falls overboard, unconsciousness, and injuries can lead to drowning.

What to Do If You've Been Injured by a Drunk Boater in Virginia Beach

If you've been injured in a boating accident caused by a drunk operator, there are important steps that you must take. 

First, seek medical attention immediately. Your health is the top priority. Get checked out by a doctor, even if your injuries seem minor.

Contact the Virginia Department of Wildlife Resources (VDWR) to report the accident. 

Gather evidence. If possible, take pictures of the scene, the damage, and any injuries.

Contact a Virginia Beach boating accident lawyer. An experienced lawyer can help you understand your rights, navigate the legal process, and fight for the compensation you deserve.

How a Virginia Beach Boating Accident Lawyer Can Help

A Virginia Beach boating accident lawyer can provide invaluable assistance in navigating the complex legal process. They will thoroughly investigate the accident, gathering evidence such as police reports and witness statements. By determining liability, they identify the responsible party and the extent of their negligence. Additionally, lawyers calculate the full scope of damages, including medical expenses, lost wages, and pain and suffering. 

Expert legal representation is crucial when negotiating with insurance companies, known for attempting to minimize payouts. If necessary, a skilled attorney will advocate for your rights in court, ensuring your best interests are protected. Moreover, a lawyer can provide essential guidance on the intricacies of maritime law and ensure that all deadlines and procedures are met, allowing you to focus on your recovery without the added stress of legal complexities.

Drunk Boater Left You Stranded? VA Beach Injury Law is Here to Help

At Virginia Beach Injury Law, we understand the devastating impact a boating accident caused by a drunk boater can have on your life. Our experienced boating accident lawyers are dedicated to helping victims recover compensation for their injuries and hold negligent parties accountable. 

Don't let a drunk boater's negligence ruin your life. We offer compassionate support and personalized legal guidance throughout the claims process, ensuring your rights are protected and you receive the maximum compensation you deserve. Give us a call at (757) 802-4662 or contact us online for a free consultation. We are committed to fighting for your justice and helping you rebuild your life after this traumatic experience.

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