What to Do After a Boating Accident

Prioritize Everyone’s Safety

The moments immediately following a boating accident can be confusing and frightening. Vessels may still be moving, passengers may be in the water, and damaged equipment can create additional dangers.

Start by checking yourself and others for injuries. When possible, shut off the engine, account for every passenger, and move away from fire, leaking fuel, spinning propellers, sinking vessels, or ongoing boat traffic.

Anyone in the water should be provided with a life jacket, flotation device, rope, or other available assistance. Anyone who is unable to swim should be given a flotation device or life jacket immediately and kept away from deep or fast-moving water. Avoid jumping into dangerous water unless it is necessary and can be done safely. An additional injured or missing person can make an emergency even harder to manage.

The person operating a vessel generally has a duty to provide reasonable assistance to people in danger at sea when doing so will not seriously endanger the assisting vessel or those aboard it.

Contact Emergency Services

Call for help as soon as possible when someone is seriously injured, missing, trapped, or in the water. Depending on the location, this may involve calling 911, contacting the U.S. Coast Guard, or notifying state or local marine patrol officers. Provide responders with as much information as possible, including:

• Your location or GPS coordinates
• The number and description of the vessels involved
• The number of injured or missing people
• Whether anyone is in the water
• The nature of the injuries
• Whether a vessel is sinking, burning, or leaking fuel
• Nearby landmarks, buoys, channels, or marinas

Do not leave the accident scene unless remaining there would place someone in danger or emergency personnel instruct you to move. When a boat can still be operated safely, moving it out of an active navigation channel may help prevent another collision.

Seek Medical Attention

Some boating injuries are immediately apparent, including deep cuts, broken bones, burns, or head trauma. Others may not become obvious until hours or days later.

A sudden impact can cause concussions, soft-tissue injuries, spinal damage, internal bleeding, or other conditions that may initially be masked by adrenaline. Exposure to cold water can also create a risk of hypothermia, while swallowing contaminated water may cause additional health concerns.

Accept emergency treatment when it is offered and follow up with a healthcare provider as directed. Explain that the injury occurred during a boating accident and describe any impact, fall, submersion, or loss of consciousness.

Medical records can connect the injury to the accident and document the treatment, limitations, and ongoing care it caused.

Report the Accident to the Proper Authorities

Some recreational boating accidents must be reported to the appropriate state reporting authority. Federal reporting requirements may apply when an accident involves a death, disappearance, an injury requiring treatment beyond first aid, qualifying property damage, or the total loss of a vessel. State requirements may impose additional obligations.

A boating accident report is different from calling emergency services. Even when police, marine patrol officers, or the Coast Guard respond to the scene, the vessel owner or operator may still need to submit a separate written report.

Ask the investigating agency whether a report is required, where it must be filed, and when it is due. Keep a copy of any report you submit and write down the names and agency information of responding officers.

Exchange Information With the Other Parties

Collect identifying and insurance information from the people and vessels involved when it is safe to do so. Useful information may include:

• The operator’s name and contact information
• The vessel owner’s information
• Vessel registration numbers
• Insurance company and policy information
• The vessel’s name, type, and identifying details
• The name of a rental, charter, or tour company
• The operator’s license or boating certificate information
• Names and contact details for passengers and witnesses

Remain calm and avoid arguing about who caused the accident. Give authorities an honest account of what happened, but do not guess about details you do not know or make unnecessary statements accepting blame.

Document the Scene

Boating accident scenes can change quickly. Vessels may drift, damaged equipment may be repaired, weather can change, and skid marks or debris may disappear beneath the water. When injuries and conditions allow, take photographs or videos of:

• Damage to every vessel involved
• The surrounding waterway
• Docks, bridges, buoys, or other nearby objects
• Navigation lights and safety equipment
• Propellers, engines, controls, and steering systems
• Debris or damaged personal property
• Visible injuries
• Weather, waves, visibility, and water conditions

Photograph the scene from several angles. A short video showing the vessels’ positions and surrounding area may also provide useful context.

Write down what happened while the details are still fresh. Include the approximate time, direction of travel, vessel speeds, weather, visibility, conversations, and actions taken before and after the impact.

Preserve the Vessel and Other Evidence

Do not immediately repair, sell, dispose of, or alter the vessel or damaged equipment before it has been properly documented. A steering system, throttle, engine component, navigation light, or safety device may contain important evidence about why the accident occurred. Keep copies of:

• Medical bills and treatment records
• Accident and incident reports
• Rental or charter agreements
• Insurance communications
• Repair estimates
• Photographs and videos
• Receipts for damaged property
• Proof of missed work
• GPS, chartplotter, or other electronic data

Avoid posting details, photographs, or opinions about the accident on social media. Insurance companies and other parties may review public posts when investigating a claim.

Notify the Insurance Company Carefully

Report the accident to the appropriate insurance provider within the time required by the policy. Provide basic, accurate information, but be cautious about giving a recorded statement or signing documents before you understand your injuries and legal options.

An insurance company may ask questions that appear routine while investigating whether it can reduce or deny payment. Do not speculate about speed, distance, fault, or the seriousness of your injuries.

Responsibility After a Boating Accident

The boat operator may not be the only responsible party. Depending on the cause of the accident, liability may involve the vessel owner, a rental or charter company, a marina, an employer, a maintenance provider, another boater, or an equipment manufacturer.

Investigators may examine whether someone was speeding, distracted, impaired, violating navigation rules, overloading the vessel, or failing to maintain essential equipment.

Morgan & Morgan May Be Able to Help

A boating accident can leave injured passengers and their families facing medical treatment, lost income, property damage, and uncertainty about what to do next. Evidence can disappear quickly, especially when a vessel is repaired or returned to service.

Morgan & Morgan’s maritime accident attorneys can investigate the accident, review vessel and insurance records, preserve important evidence, identify potentially responsible parties, 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.