Injuries From Boat Groundings

When a Boat Runs Aground

A day on the water can change instantly when a boat unexpectedly strikes the bottom.

Unlike a gradual slowdown, a grounding can bring a moving vessel to an abrupt stop. Passengers may be thrown forward, knocked to the deck, or struck by parts of the boat. Crew members working around the vessel may also be injured by the impact or while responding to the emergency.

The initial collision is not always the only danger.

A severe grounding can damage the hull, propellers, rudders, fuel systems, or other parts of the vessel. Water may enter the boat, passengers may need to evacuate, and attempts to free the vessel can create additional risks.

Groundings can occur on recreational boats, fishing vessels, charter boats, tour boats, ferries, commercial vessels, and other watercraft.

Common Causes of Boat Groundings

Safe vessel operation requires an understanding of the surrounding waterway and the hazards that may lie beneath the surface. Potential causes of groundings include:

• Navigational errors
• Failure to properly monitor water depth
• Traveling outside a marked channel
• Excessive speed
• Inattention or distracted operation
• Operator inexperience
• Outdated or inaccurate navigational information
• Poor visibility
• Darkness
• Changing tides
• Shifting sandbars or shoals
• Strong currents
• Failure to account for the vessel's draft
• GPS, depth finder, or navigation-equipment problems
• Alcohol or drug impairment
• Mechanical failures

Some waterways can be especially difficult to navigate because water depth changes with tides or underwater hazards are difficult to see from the surface.

That makes appropriate navigation, speed, and attention particularly important when operating in shallow or unfamiliar waters.

Injuries Caused by Boat Groundings

The force generated when a moving vessel strikes an underwater obstruction can cause serious injuries even when the boat remains upright and above water. Passengers and crew members may suffer injuries such as:

• Broken or fractured bones
• Head injuries
• Traumatic brain injuries
• Neck and back injuries
• Spinal cord injuries
• Shoulder and knee injuries
• Cuts and lacerations
• Sprains and strains
• Internal injuries
• Drowning or near-drowning injuries

Someone standing or walking aboard the vessel may be particularly vulnerable to being thrown off balance.

Passengers can also be injured by unsecured objects that move during the impact or by attempting to evacuate a damaged vessel.

The Role of Navigation and Water Depth

Knowing where a vessel can safely travel is a fundamental part of boating.

Operators may use nautical charts, channel markers, GPS systems, depth finders, tide information, visual observations, and other navigational tools to understand the waters around them.

However, navigation equipment does not eliminate the need for careful operation.

An operator may need to account for the vessel's draft, changing water levels, local hazards, visibility, speed, and other conditions when choosing a safe route.

A grounding may raise questions about whether the operator was paying attention to navigational information, properly monitoring the vessel's position, or proceeding at an appropriate speed for the conditions.

Responsibility for a Boat Grounding Accident

Determining who may be responsible for injuries caused by a grounding often begins with finding out why the vessel entered unsafe water.

A vessel operator who ignored channel markers, failed to monitor water depth, operated too quickly for the conditions, or became distracted may potentially bear responsibility for resulting injuries. Other potentially responsible parties may include:

• The vessel owner
• A charter company
• A tour operator
• A commercial vessel operator
• An employer
• A boat rental company
• A maintenance provider
• A manufacturer of defective navigation or vessel equipment
• Another company responsible for operating or maintaining the vessel

More than one party may potentially share responsibility when several factors contribute to an accident.

For example, an operator's navigational mistake could combine with malfunctioning equipment or inadequate vessel maintenance to make the grounding or resulting injuries more severe.

Groundings Involving Charter and Tour Boats

Passengers aboard charter boats and tour vessels generally rely heavily on the captain and crew to navigate safely.

Unlike experienced boaters operating their own vessels, tourists may have little knowledge of the local waterways, tides, channels, or underwater hazards. They may have no ability to recognize that the vessel is entering dangerously shallow water before an accident occurs.

After a grounding involving a commercial tour or charter, an investigation may examine the operator's training and experience, the vessel's route, navigational information, speed, weather and water conditions, and whether appropriate safety procedures were followed.

The relationship between the captain, vessel owner, charter company, and other businesses involved may also help determine who could be responsible.

What Happens After a Boat Runs Aground?

The decisions made after a grounding can also affect passenger safety.

The vessel may have suffered damage that is not immediately visible. Attempting to power off a sandbar, reef, or other obstruction without understanding the extent of that damage could potentially create additional problems.

Depending on the circumstances, the captain or crew may need to assess the vessel, check for injuries, determine whether water is entering the boat, communicate with emergency responders, and decide whether passengers need to evacuate.

When someone is injured during the initial impact or the response that follows, an investigation may consider both what caused the grounding and how the emergency was handled.

Evidence After a Boat Grounding

Evidence can help establish where the vessel traveled, what conditions existed, and why the grounding occurred. Potentially important evidence may include:

• Photographs and videos
• Witness statements
• GPS and navigation data
• Electronic chart information
• Depth finder data
• Vessel logs
• The vessel's planned and actual route
• Weather and tide information
• Coast Guard or law enforcement reports
• Maintenance and inspection records
• Operator training and licensing information
• Photographs of vessel damage
• Surveillance footage
• Passenger communications
• Medical records

Commercial vessels may also have additional electronic or operational records that help reconstruct what happened before the grounding.

Preserving this information can be especially important because electronic navigation data may be overwritten and physical conditions at the accident site can change.

Compensation After a Boat Grounding Accident

A grounding injury can lead to emergency medical treatment, surgery, rehabilitation, time away from work, and long-term physical limitations. Depending on the circumstances, an injured person may be able to pursue compensation for losses such as:

• Medical expenses
• Future medical treatment
• Lost income
• Reduced earning capacity
• Pain and suffering
• Rehabilitation expenses
• Disability
• Other accident-related losses

Fatal grounding accidents may also give eligible family members or the person's estate grounds to pursue a wrongful death claim, depending on the circumstances and applicable law.

Maritime workers may have different legal rights from passengers. Crew members and other maritime employees may be protected by specific federal maritime laws depending on their work and relationship to the vessel.

Morgan & Morgan May Be Able to Help

A boat grounding may appear straightforward, but determining why a vessel entered unsafe water can require examining navigation records, vessel data, water conditions, crew decisions, maintenance history, and other evidence.

Morgan & Morgan's maritime accident attorneys can investigate what happened, identify potentially responsible parties, preserve important evidence, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With The Fee is Free® promise, you pay nothing unless we win your case.