When it comes to enjoying a day out on Virginia’s abundant waterways with our friends and families, we tend to forget that safe boating requires skills, experience, and a level of preparedness that ensures that all days end with nothing but fantastic memories.
While Virginia has some of the country's most scenic and versatile boating, not all outings end happily. Regarding education, training, or licensing, it may be surprising that next to nothing is required before anyone can take a boat out on the water and operate it. A split-second decision made by someone with little to no experience on the water can leave passengers with catastrophic injuries or worse.
If their negligence causes harm, they should be held accountable. At Coletrane & Messersmith, we represent individuals and their families who have suffered injuries due to other’s negligence. In the aftermath of an accident, you deserve representation from someone who puts your family first.
Common Causes of Boating Accidents in Virginia
While Virginia’s waterways are filled with boaters out for a beautiful day on the water, they are often filled with boaters who are young and inexperienced. Boating accidents don’t just cause damage to property and injuries, but they can also be deadly. Recreational boating accidents happen more often than we like to think, and they can include small crafts such as jetskis, wakeboards, and even towed floats.
Some of the most common causes of boating accidents are:
- Operator Inattention: A lack of a proper lookout, overcrowding, or distracted boating is one of the most common causes of boating accidents.
- Operator Inexperience: A lack of training, education, or experience can lead to simple mistakes and navigation rules violations that endanger everyone.
- Excessive Speed: Recreational waters can be crowded, and reckless speeding can put everyone’s lives at risk, resulting in dangerous wakes and no reaction time.
- Boating Under the Influence: The influence of drugs or alcohol can impair someone’s mental and physical abilities to be cautious and react on the waterways.
- Mechanical Failure: Boat operators have a duty to care for their passengers and everyone on the water. Ensuring that your boat receives timely and regular maintenance and repairs will keep everyone’s safety a top priority.
- Hazardous Waters: Congested waterways with traffic, volatile weather, or choppy waters can lead to a catastrophic boating accident.
Whether a boat operator didn’t provide enough care or lacked experience and faced changing weather or dangerous seas, they are responsible for their passenger's safety. Boating operators need to ensure that their boat is operational, stocked with functioning safety equipment like life jackets and fire extinguishers and that they have the experience to take others out on the water.
Most Common Injuries From Boating Accidents
Most boating accidents and injuries can be prevented, so owners and operators need to stay proactive about their boating safety and equipment. Understanding the most common injuries can help boaters take preventative measures and stay prepared for anything.
The most common injuries are:
- Cuts
- Broken bones
- Spinal cord injuries
- Head trauma
- Drowning
- Hypothermia
- Carbon monoxide poisoning
If you or a loved one has been injured in a boating accident that could have been prevented, contact us today to explore your legal options. After suffering a boating accident, it’s difficult to know where to turn; let Coletrane & Messersmith help you.
What to Do if Your Boat is in an Accident in Virginia
Like all accidents, they can leave you shocked and happen when you least expect them. Always prioritize everyone’s wellbeing after any accident, and for a boating accident, strive to get everyone safely back in the boat as soon as possible.
If you find yourself in a boating accident:
- Seek medical attention
- Report the accident to Virginia’s Department of Wildlife Resources
- Collect contact information from all parties
- Document details of the accident
- Date and time
- Boat details and information
- Life jacket information
- Any details that are pertinent to the accident
- Contact law enforcement or the US Coast Guard to ensure a report is made
- File a boat accident injury claim
Hiring an experienced boat accident injury attorney to handle your claim will ensure you receive the maximum compensation available to you and your family. The attorneys at Coletrane & Messersmith can help you through the vital steps and legal waters of this difficult time.
Who is Liable in a Boating Accident in Virginia?
Boating accidents and maritime law make establishing negligence and liability difficult, but with the right legal team, they can help you file your claim to hold them accountable. While the operator or owner is usually primarily liable, that liability can extend to anyone who contributed to the accident.
Those who can be held liable include:
- Operator
- Owner
- Manufacturer
- Passengers
- Other boaters
- Rental companies
Recovering damages in a boating accident can be incredibly complex. Still, if another person’s negligence caused you or your loved ones suffering, catastrophic injury, or even wrongful death, you have the right to seek compensation.
What Kind of Damages Can I Recover From My Virginia Boating Accident?
When a boating accident happens, it can leave victims with life-altering injuries, and while these injuries need more medical treatment and care, they can also leave those injured and unable to work for months or even years. Long-term care, multiple surgeries, and disability can leave a recreational day on the water and turn a family into a crisis.
While we know that no amount of money can compensate you and your family for the suffering you’ve endured, it can ensure that you don’t face financial strain and allow you to receive the treatment that you need to recover. Our lawyers proudly serve families throughout coastal Virginia, including Hampton and the surrounding communities. Our attorneys are waiting for your call at (757) 223-4455. Start your road to recovery by contacting Coletrane & Messersmith.
FAQs:
What should I do immediately after an accident?
After a boating accident, you should always seek medical attention, even if you do not feel injured. Then, you should ensure that details are collected and a report is made to ensure your attorney can use it to strengthen your claim.
What compensation can I seek in a boating accident injury claim?
If you or a loved one has suffered a boating accident, you can seek claims for medical expenses, lost wages, pain and suffering, rehab costs, or even property damage. The amounts will change based on the accident’s circumstances and the injuries' extent.
Is there a time limit for filing an accident injury claim?
In Virginia, the statute of limitations for filing a claim in a boating accident is two years from the date of the incident. It’s essential to consult with an attorney as soon as possible to comply with any deadlines, which can vary depending on jurisdiction.
Should I hire an attorney for my boating accident injury claim?
If you are in a boating accident, hiring an attorney is in your family’s best interest. An attorney can guide you through the legal process of a claim, investigate the accident and represent you so that you can have the best chance at obtaining fair compensation.
