Meet Our Boating Accident Attorneys

Boating accidents can happen for a variety of reasons, but most of them boil down to human error. Whether it’s due to inexperience, distraction, or outright negligence, these incidents are often preventable. If you're pursuing a boating accident claim or simply want to understand the risks, it helps to know the most common causes.

Operator Inattention

One of the leading causes of boating accidents is simply not paying attention. Whether the operator is distracted by passengers, devices, or the scenery, failing to maintain awareness of surroundings can lead to collisions, groundings, or other serious incidents.

Operator Inexperience

Boating requires skill, judgment, and familiarity with navigation rules. An inexperienced operator may not know how to react in an emergency, handle rough waters, or give the right-of-way, leading to dangerous situations.

Speeding or Reckless Operation

Just like on the road, speed kills on the water. Traveling too fast can make it harder to avoid obstacles, stop in time, or navigate safely, especially in crowded areas or unfamiliar waters.

Boating Under the Influence (BUI)

Operating a boat while under the influence of alcohol or drugs is illegal and highly dangerous. Impaired judgment, slowed reflexes, and poor decision-making often contribute to serious accidents—and fatalities.

Weather Conditions

Sudden storms, strong winds, fog, or rough waters can quickly turn a pleasant day into a disaster. While weather can be unpredictable, experienced boaters should always check forecasts and know when to head back to shore.

Equipment Failure

Mechanical issues, like engine failure, steering problems, or electrical malfunctions, can lead to accidents. Often, these are due to poor maintenance or defective parts. In some cases, the manufacturer or rental company may be held liable.

Failure to Keep a Proper Lookout

Every boat operator is responsible for keeping a lookout for swimmers, other boats, obstacles, and changes in water conditions. Failing to do so increases the risk of collision or injury.

Overloading the Boat

Every vessel has a weight limit. Overloading with too many passengers or too much gear can affect the boat’s stability, cause it to capsize, or make it harder to control.

Ignoring Navigation Rules

Just like cars follow traffic laws, boats must follow specific maritime rules, like yielding, using proper lighting at night, and staying in designated channels. Ignoring these rules often leads to crashes.

Wake Damage and Swamping

Large wakes created by speeding boats can flip smaller vessels or throw passengers overboard. Operators are responsible for controlling their wake, especially near marinas or other boats.

Boating accidents can lead to a wide range of injuries, from minor cuts and bruises to life-altering trauma or even death. The severity often depends on the type of accident, whether it’s a collision, capsizing, fire, or someone being thrown overboard. Common injuries can include:

Traumatic Brain Injuries (TBI)

Head injuries are common, especially if someone is thrown against hard surfaces or struck by flying objects during a crash or capsizing. In severe cases, a blow to the head can cause a concussion or long-term brain damage.

Spinal Cord Injuries

Sudden impact or falls can lead to serious damage to the spinal cord, potentially resulting in partial or full paralysis. These injuries often require extensive medical treatment and long-term care.

Broken Bones

The force of a boating collision or being thrown onto a hard deck or into the water can easily cause fractures. Commonly broken bones include arms, legs, ribs, and facial bones.

Lacerations and Deep Cuts

Sharp objects, propeller blades, broken glass, or jagged edges on a damaged boat can cause severe cuts that may require stitches, surgery, or leave permanent scars.

Burns

Fires and explosions from fuel leaks, engine malfunctions, or electrical issues can cause serious burn injuries. Burns can be painful, disfiguring, and often require skin grafts and long-term treatment.

Drowning and Near-Drowning

Drowning is one of the most tragic and common outcomes in boating accidents, especially when passengers aren’t wearing life jackets. Near-drowning can also result in brain damage due to lack of oxygen.

Hypothermia

In colder waters, prolonged exposure can lead to hypothermia. Even strong swimmers can lose the ability to move or think clearly in frigid temperatures, which increases the risk of drowning.

Whiplash and Soft Tissue Injuries

Sudden stops or collisions can cause neck, back, and soft tissue injuries similar to those seen in car accidents. These may include sprains, strains, and herniated discs.

Internal Injuries

A violent crash can cause blunt force trauma that leads to internal bleeding or damage to organs. These injuries are often hard to detect at first and may require emergency medical attention.

Emotional Trauma and PTSD

Beyond physical injuries, survivors of boating accidents—especially those involving serious injury or loss of life—can suffer lasting emotional trauma, anxiety, or post-traumatic stress disorder.

You might not need a lawyer for every boating accident—but in many cases, having one can make a big difference. Whether you were injured, your boat was damaged, or you’re being blamed for the accident, a lawyer can help protect your rights and make sure you’re not left paying for someone else’s mistake.

Here’s when you should definitely consider hiring a lawyer after a boating accident:

Someone was injured

Boating accidents often involve serious injuries, and medical bills can pile up quickly. A lawyer can help you pursue compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Ongoing care needs
  
   

There’s significant property damage

If boats or other property were damaged, insurance companies may try to pay out as little as possible or deny the claim altogether. An attorney can negotiate with insurers and help you get the compensation you're entitled to.

Fault is unclear or being disputed

If there’s disagreement over who caused the accident or if multiple parties were involved, a lawyer can investigate the situation, gather evidence, and make sure you’re not held responsible unfairly.

The accident involved a rental or commercial vessel

Accidents involving rental boats or commercial operators can be more complicated, often involving company liability or third-party responsibility. A lawyer can help you navigate contracts, waivers, and insurance issues.

You're being sued or threatened with legal action

If another party is holding you responsible or you’re being named in a lawsuit, getting legal help is essential to protect your rights and finances.

When You Might Not Need a Lawyer

• The accident was minor and involved no injuries
• Everyone agrees on what happened
• Insurance is covering the damage and medical costs without issue

Even in these situations, it’s smart to consult a lawyer just to be safe. Morgan & Morgan offers free case evaluations and works on a contingency basis, so you don’t pay anything unless they recover money for you.

Proving fault in a boating accident can be tricky, but it’s crucial if you want to recover compensation for your injuries, damaged property, or other losses. Unlike car accidents, boating accidents don’t always happen on clearly marked roads or follow uniform traffic laws, but there are specific maritime laws and boating regulations that help determine who’s at fault.

Here’s how you can prove fault in a boating accident:

Collect Evidence From the Scene

Right after the accident (if it’s safe to do so), try to gather as much information as possible:

• Photos or videos of the damage, injuries, and the surrounding area
• Names and contact information of everyone involved
• Statements or contact info from any witnesses
• Weather and water conditions at the time of the crash

Get a Boating Accident Report

Depending on where the accident happened, you may be required to report it to local authorities or the U.S. Coast Guard. This official report can provide important details, including:

• Who was operating each boat
• Descriptions of what happened
• Any citations issued

If the other party was given a ticket for violating boating laws (like speeding, reckless operation, or boating under the influence), that could support your claim.

Establish Negligence

To prove fault, you’ll usually need to show that the other party was negligent—meaning they failed to act with reasonable care. This could include:

• Failing to keep a proper lookout
• Speeding or reckless driving
• Operating under the influence of drugs or alcohol
• Not having required safety equipment on board
• Ignoring boating rules (such as right-of-way)

A lawyer can help analyze the situation and determine how these factors may apply.

Use Expert Testimony (if needed)

In complex cases, attorneys may bring in maritime accident experts, medical professionals, or accident reconstructionists to explain how the crash occurred and who was at fault.

Preserve Medical and Repair Records

If you were injured, keep copies of:

• Medical records
• Hospital bills
• Receipts for prescriptions or rehab

Also save invoices or estimates for any boat repairs. This shows not just that you were harmed, but how much the accident has cost you—and strengthens your case for compensation.

Hire a Lawyer (Especially for Serious Cases)

Boating laws can vary by state and can be complicated—especially if the accident happened in open waters, involved a rental or commercial boat, or crossed state or international boundaries. A lawyer can investigate the case, handle negotiations with insurance companies, and build a strong claim on your behalf.

To prove negligence in a recreational boating accident claim, you need to show that another person or party acted carelessly—or failed to act responsibly—and that their behavior directly caused your injuries or damages. Negligence is the foundation of most personal injury claims, and boating accidents are no exception.

The Four Elements of Negligence

To win a boating accident claim based on negligence, you typically have to prove all four of these elements:

1. Duty of Care

You must show that the other party owed you a duty of care. In boating, this means operating their vessel safely, following maritime laws, maintaining proper equipment, and looking out for others on the water.

2. Breach of Duty

You must show that the other party breached that duty. This could include:

• Speeding or reckless driving
• Operating under the influence of alcohol or drugs
• Failing to maintain a proper lookout
• Ignoring navigation rules or right-of-way
• Overloading the boat or not having safety gear onboard
  
   

3. Causation

You need to prove that the other party’s actions—or inaction—directly caused your injuries or losses. This means showing a clear link between their negligence and the accident. For example, if they were drunk and collided with your boat, their impairment would be the cause of your injuries.

4. Damages

You must have suffered actual harm—physical, emotional, or financial. This could include:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage

Without provable damages, there’s no case—even if someone was clearly negligent.

In a boating accident claim, the types of damages you can recover depend on the circumstances of the accident—such as the severity of injuries, property damage, and who was at fault. Damages are generally divided into two categories: economic (or special) damages and non-economic (or general) damages. In rare cases, punitive damages may also apply.

Economic Damages (Financial Losses)

These cover the direct, out-of-pocket costs that result from the accident:

Medical Expenses

• Emergency room visits
• Surgeries
• Hospital stays
• Prescription medications
• Physical therapy or rehabilitation
• Future medical care (if ongoing treatment is needed)
  
   

Lost Wages

• Income lost due to time off work during recovery
• Future loss of earning capacity if you’re unable to return to your job or work at full capacity

Property Damage

• Repair or replacement of your boat or other personal property damaged in the accident
• Damaged gear or equipment (electronics, fishing equipment, or safety devices)
  
   

Out-of-Pocket Expenses

• Travel for medical care
• Modifications to your home or vehicle due to injury
• Help with household chores if you're temporarily or permanently disabled
  
   

Non-Economic Damages (Intangible Losses)

These compensate you for the emotional and physical effects of the accident:

Pain and Suffering

Covers physical pain and emotional distress resulting from the accident.

Emotional Distress / Mental Anguish

If you suffer from anxiety, PTSD, or depression due to the accident, you may be entitled to compensation.

Loss of Enjoyment of Life

If your injuries prevent you from participating in activities you once enjoyed—like boating, swimming, or other hobbies.

Loss of Consortium

Compensation for the impact the injuries have on your relationship with your spouse or family.

Punitive Damages (in Rare Cases)

These are awarded in cases involving extreme recklessness, gross negligence, or intentional harm, like a boat operator who was heavily intoxicated or deliberately caused a collision. 

Punitive damages are meant to punish the wrongdoer and deter similar behavior in the future.

Wrongful Death Damages

If a loved one died in a boating accident, surviving family members may be able to pursue a wrongful death claim, which could include:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship
• Pain and suffering of the deceased before death

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our personal injury attorneys is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win. Starting with a free consultation all the way to settlement or a trial verdict, you never pay a dime out of pocket.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options. Contact us today.