Liability in Boating Accidents: Who Can Be Held Responsible?

Sep 14, 2023 | Blog

Boating Accident

Virginia features many beautiful rivers and easy access to the Chesapeake Bay, making it a hotspot for boating enthusiasts who love the outdoors. Long three-day weekends and summertime make for more trips on boats. But with so many boats navigating Virginia waters, accidents are bound to happen.

If you’ve been hurt in a boat crash, a Virginia boat accident attorney can help you recover damages. Depending on the circumstances of the crash, several different parties may be held liable.

Potential Liability for a Boating Accident in Virginia

If another boat crashes into you, you might assume that the boat operator is responsible, but another person or entity could be liable as well. 

For example, you could hold the boat owner responsible for not maintaining or repairing the boat. If the person driving the boat rented it, and the rental company didn’t maintain it, you may be able to recover damages from the company.

Sometimes, boats fail because of a defective part. In this case, you might hold the manufacturer liable for the defect.

Keep in mind that Virginia is a “pure contributory negligence” state. That means if you were even 1% at fault for the accident, you may not be eligible to recover damages from the accident.

Common Causes of Boating Accidents

The U.S. Coast Guard reported 4,040 boating accidents and 2,222 non-fatal injuries in 2022. Some common causes of boating accidents include:

  • Operating a boat while distracted
  • Operating a boat while drinking alcohol or using drugs
  • Speeding
  • Boating in hazardous waters
  • Boating in poor weather
  • Failing to maintain the boat
  • Failing to look out for hazards

What to Do After a Boating Accident

In Virginia, boat operators are required by law to file a boating accident report to the Department of Wildlife Resources when:

  • The accident causes death or injuries beyond those that you can treat with first aid
  • A person on board disappeared in the accident
  • The accident caused more than $2,000 of damage to the boat or its equipment

If you fail to make a written report, law enforcement can punish your inaction as a  misdemeanor.

After a boating accident, it’s important to see a doctor even if you don’t think you’re badly hurt. You could be in shock after the accident, which means you might not immediately feel any pain. But injuries can reveal themselves days after an accident, and you could be more hurt than you first thought.

Boating Accident Laws Vary by Jurisdiction

Boating accidents are complicated because, unlike car crashes, the body of water in which the accident occurred determines jurisdiction. It’s important to know whether state or federal laws apply to your accident before filing a claim.

If your accident happened on navigable waters (channels for transportation of people and goods), federal laws may apply. Federal laws may also apply if the operator who hit you uses the boat for commercial, rather than recreational, activities.

Otherwise, Virginia law governs non-navigable boating accidents. If you’re unsure which jurisdiction applies to your case, call a Virginia boat accident attorney for advice.

Damages for a Boating Accident in Virginia

Just as with car accidents, it’s possible to recover boating accident damages for:

  • Your medical bills (current and future)
  • Long-term help if you need someone to care for you at home
  • Emotional trauma
  • Disfigurement
  • Lost wages if you’re too hurt to work
  • Property damage to your boat

Contact a Virginia Boat Accident Attorney Today

If you’ve been hit by a careless or negligent boat operator, you could recover damages for your medical bills, lost wages, and much more. A Virginia boat accident attorney from Geoff McDonald & Associates can build a strong case to help prove liability in your boat crash.

Contact us at (804) 888-8888 for a consultation today.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    What Do I Do if an Insurance Adjuster Calls Me in Virginia?

    If you’ve contacted your insurance company about a car accident or property damage following a natural disaster, you may find yourself quickly overwhelmed with calls from an insurance adjuster. These calls are quite important — saying the wrong thing can hurt your...

    I Was Hit by a Large Truck in Virginia – What Should I Do?

    Accidents involving commercial trucks can be terrifying. Just one mistake can send a semi-truck toppling over, crushing your car beneath tons of steel. If you’re fortunate enough to walk away after such an accident, you may be dealing with painful and sometimes...

    Will My Insurance Go Up If I Hire an Injury Attorney?

    Car accidents can be costly – both to your health and your finances. When another driver is responsible for the crash, it’s important to ensure your rights are protected. While you will typically seek compensation from the other driver’s insurance company, the...

    What to Do if You’re Hurt in a Virginia Multi-Vehicle Crash

    Any car accident has the potential to cause catastrophic injuries and property damage, and multi-vehicle accidents can dramatically increase those risks.  Multiple-vehicle accidents involve three or more vehicles, which also complicates determining fault and...

    Can You Tell if Federal Trucking Regulations Were Violated?

    There is a vehicle collision every 4.4 minutes in the state of Virginia, resulting in an average of 161 injuries and 3 fatalities daily. To help keep the roads safe, government organizations like the Federal Motor Carrier Safety Administration (FMCSA) have instituted...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald