Legal issues arising from boat accidents include negligence, product liability, failure to adhere to safety regulations, and operator error. Depending on the circumstances of the incident, the outcomes often involve settlements and sometimes criminal charges.
We handle boat accidents and have seen several cases where people operating boats will hit another boat or another person. As you would expect, propellers cause major injuries. Boats, like automobiles, have rules that govern their operation and regulations that require specific safety equipment on each vessel.
There are rules for boats that are different from those of cars. An example is Alabama statute §33-5-25, which imposes a legal duty on the operator of any boat involved in an accident. The operator must render assistance as necessary to save others affected by the accident and provide their name and their boat’s identification to any injured persons.
Other than sailboats, rowboats, or canoes, a boater’s safety course and a test are required to be certified to operate a boat. The boat has to be registered in the name of the person who owns it. The rules and regulations for the safe operation of a watercraft deal with right-of-way, among other issues. Drivers of automobiles have red lights, green lights, stop signs, and markings on the road to indicate the right-of-way.
In a boat, the right-of-way changes based on the vessel being operated and the type of boat that is either yielding or has the right-of-way. Commercial barges have the right-of-way as they can’t stop within a half mile. Sailboats typically have the right-of-way because existing wind conditions limit their direction of travel. Power boats intending to overtake or pass other power boats have rules that dictate the correct side to pass or overtake and specific horn signals that can or must be given.
Commercial boats have stringent rules and are subject to inspection and regular maintenance. Required safety equipment is tested regularly and can include items such as bilge pumps and expected items such as life vests. Cruise ship captains have been convicted of manslaughter for failing to abide by maritime safety regulations.
As someone who loves boating, the best advice I can give is to keep a proper lookout. That’s a duty imposed by law, but it’s also common sense when you’re on the water.
Buckle up, drive safely, and as always, your referrals are appreciated! 256-764-0112
