Michigan summers and boating go together like peanut butter and jelly… macaroni and cheese… Batman and Robin… they just go together.
Although boating should be fun, sometimes accidents happen. Navigating all the legal complexities and unfamiliar jargon following a boating accident is extremely taxing. If you’re left picking up the pieces following a mishap on the water – life can feel extremely overwhelming.
This blog looks to explain some of the intricacies associated with boating accidents and insurance coverage – so you know what to expect and how to protect yourself if the unexpected happens.
Common Causes of Boating Accidents
Boating accidents may feel shocking and rare, but they’re more common than you might think. In 2023 alone, Michigan recorded 82 boating accidents — resulting in over 20 deaths.
It is reassuring to know this number is trending downward, with our state seeing over 30 less accidents in 2023 compared to 2019.
Still, the fact remains – there is a real possibility you might get into an accident the next time you are on the water. Although the likelihood is low, there is a chance that disaster will strike!
Some common causes of boating accidents include:
- Operator Inattention
- Operator Inexperience
- Excessive Speed
- Alcohol Use
- Equipment Failure
- Weather Conditions
- Violating Navigational Rules
See our past blogs on boating safety, the importance of no wake zones, and jet ski use for a more thorough explanation of how to stay safe on the water and avoid the worst case scenario.
What to Do Immediately After a Boating Accident
For the sake of this blog, let’s try and imagine a scenario where the worst case plays out and you and your loved ones are involved in a serious boating collision. What should you do?
Ensure everyone’s safety (Render Aid): The very first thing you should do following a boating accident is assess the situation and make sure everyone is okay. Some typical first steps following a boating accident include:
- Stop your vessel.
- Help anyone out of the water that may have fallen overboard.
- Make sure everyone that needs a life jacket gets one.
- Render first aid to anyone suffering from injuries.
Both federal and state law requires individuals to render aid to all parties involved in a boating accident – as long as doing so does not endanger your boat or the individuals on board.
There are also protections in place to shield bystanders from liability, in the event you attempt to render aid to an accident you were not involved in.
Move to a Safe Location (If Possible): If possible, remove yourself from the scene of the accident. Move to calmer waters where a further assessment of the damage and injuries sustained can take place.
If you are unable to move your boat, anchor the vessel so it stays stationary. Also make sure to turn off the engine to reduce the risk of a fire starting.
Notify Authorities: After removing yourself from harm’s way, alert local authorities of the accident. Call 911 if there are any serious injuries or if someone is missing.
By law, you are required to report any accident resulting in death, disappearance, or major damage (over $2,000). Even if you don’t have a legal obligation, it’s still a good idea to report an accident to the local marine authorities or the US Coast Guard. This may help your insurance claim and/or lawsuit in the long run by establishing a concrete record of what happened.
Exchange Information: Make sure to collect the names, contact information, addresses, and boat registration numbers (if applicable) of everyone involved. This includes any and all boat drivers, passengers, and witnesses to the accident
Document the Scene: Take thorough photos, videos, and notes documenting the scene. The more detail and information you can record, the better.
Make sure to capture:
- All boats involved in the accident and the damage they incurred.
- All injuries sustained as a result of the accident.
- Any property (besides boats) that was damaged (seawalls, bridges, docks, etc.)
- Weather conditions when the accident took place.
If you haven’t already done so, this would also be a good time to collect witness statements. These statements can potentially be very powerful to your case down the line.
Avoid Admitting Fault: Be polite and respectful of everyone at the scene of the accident. However, it’s important to not say too much. Do not speculate or take any blame. Even an innocent, “I am so sorry, I didn’t see you there” can be used against you.
A general rule of thumb is to disclose as little information about yourself as possible at the scene of the accident. This helps ensure nothing you say gets used against you.
Insurance and Compensation
Unlike auto insurance, boat insurance is not included in Michigan’s no-fault system. This makes for a slightly different legal playing field following an accident on the water (verses on the road).
Being that injuries are not covered under a no-fault system, initial medical care typically falls on the health insurance and/or homeowner’s insurance of the injured individual.
If there was another boater involved in your accident and you feel they may have been acting negligently – there may be a real opportunity for you to file a lawsuit against the other boater. If your injuries are serious and/or your property damage is extensive, you can help cover some of these costs by seeking compensation from the liable boater.
In some cases, rental companies and boat manufacturers can also be held liable following an accident. If routine maintenance was not completed or there was a defective part aboard your vessel, you may have a case against the entities mentioned above.
Get David Get Paid
Femminineo Law has been helping individuals get back to their feet following accidents on the water for over 30 years. You can rest assured that the team at Femminineo Law is more than capable of obtaining the maximum amount of compensation for you following a boating wreck.
Put your trust in Femminineo Law and see why we are the premier name for boating accident injury compensation.
Give us a call at 855-65-CRASH, or visit our website at getdavidgetpaid.com, today!
Get David, Get Paid.
