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Boat Accident Safety & Legal Tips

Boat Accident Safety & Legal Tips

September 1, 2025 | Collins Law Firm

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Heading out on a boat, whether for fishing or relaxation, is a great way to unwind. Approximately 100 million Americans go boating every year, and the industry supports almost 700,000 US jobs. However, it only takes a moment’s negligence or recklessness to turn a peaceful outing into a tragic turning point in your life.

The United States Coast Guard reports that there were 3,887 recreational boating incidents in 2024, resulting in 556 fatalities and 2,170 injuries. If you have been injured, or even lost a loved one, in a boating accident, it’s vital to explore your legal options to protect your long-term health and financial interests.

In this blog, we’ll explore what you should do if you get caught up in a boat accident and how an experienced lawyer can fight for justice on your behalf.

Why Serious Boating Accidents Happen

In addition to reporting the number of deaths and injuries that occurred on the water in 2024, the United States Coast Guard also explains some of the reasons why accidents happen. Tragically, many of these incidents may have been preventable if proper safety precautions had been followed.

Lack of lifejackets

The most common cause of death in fatal boating accidents is drowning. In 2024, 76 percent of those killed in boating accidents drowned. The Coast Guard reports that where personal flotation device usage was known (ie, lifejacket usage), 87 percent of those who died were not wearing a lifejacket.

Of course, lifejackets do not prevent all drowning accidents from occurring; however, they are part of a range of measures that reduce the risk. According to Water Safety USA, most states require children aged 12 and under to wear a lifejacket. It is the responsibility of parents to decide whether their child needs to wear one at an older age.

While older individuals may have a legal choice about whether to wear one or not, Water Safety USA advises that they be worn by all on board at all times.

Lack of safety training

The United States Coast Guard found that in 69 percent of fatal boating accidents, the operator had not received appropriate boating safety instruction. By contrast, only 19 percent of deaths occurred on vessels operated by people who had a nationally recognized boating safety certificate.

If your accident resulted from negligence on the part of the operator, including failure to follow safety protocols, you may be able to sue him or her for compensation.

Alcohol use

The US Coast Guard states that “alcohol use is the leading known contributing factor in fatal boating incidents.” Drinking contributes to 20 percent of fatal accidents, and the impaired judgment that alcohol causes may be a factor in the collisions that are the first incident in more than half of all boating incidents.

Ignoring local regulations

Before heading out on the water, the operator must research and comply with local boating laws. Some common local rules that, when violated, can result in tragic accidents include:

  • Carry safety equipment, such as lifejackets, sound-producing devices, and fire extinguishers.
  • Speed regulations, which may vary depending on the body of water and specific locations, such as near marinas.
  • “Rules of the road,” such as right-of-way and how to approach oncoming water traffic.

There are many other factors, including navigation error, operator inexperience, and machinery failures, that can contribute to boating accidents. So how can you prepare to protect your health and your legal rights when heading out on the water?

Safe Boating Practices That Reduce Legal Risk

Prevention is the best form of defense. The following steps can help reduce the risk of accidents and may limit your exposure to liability if something does go wrong:

  • Pre-departure safety check: Maintain an up-to-date list of state and local safety requirements, including life jackets, distress signals, and navigation lights. Maintaining a physical list that you can check off could support your legal defense in the event of an accident.
  • Follow navigation rules: Study the rules that apply in your locality and follow them to the letter to stay on the right side of the law.
  • Never boat under the influence: Not only is it illegal to boat under the influence of drugs or alcohol, but it is also the only safe thing to do.

Despite all these precautions, boating accidents can still happen. If you’ve been the victim of a boating accident, what steps should you take to protect your right to compensation?

Protect Your Legal Rights: What to Do After a Boat Accident

Your actions in the moments immediately following a boating accident can have a significant impact on the final outcome. Here’s how to protect your health and strengthen your case.

Stop and assess the situation

First, stop the boat and check whether anyone has gone overboard. If so, do your best to assist them.

Next, check everyone for injuries. If anyone is, call for immediate medical assistance. Even if everyone feels fine, it is important that they get checked out for internal injuries.

If other boats are involved in the accident, encourage them to stay until the authorities arrive. However, do not chase them if they decide to leave the scene.

Call the authorities

Even though the accident happened on the water, you can still call 911. The dispatchers are trained to call in the Coast Guard and specialist police units to help. If the accident happened near the harbor, it may be best to call the harbor police.

Gather evidence at the scene

If you are able, take photographs, videos, and notes to document the scene. Photograph your injuries as well. If bystanders saw the accident, get their details so they can serve as witnesses.

Get medical help

If you do not seek immediate medical help, it may be impossible to prove that your injuries were caused by your boating accident. Head to the ER immediately, get yourself checked out, and follow through on any recommendations they make.

Along with your commitment to making a full recovery, these records could demonstrate that your claim is genuine and you are not trying to exaggerate your injuries.

File a report

Whenever an accident occurs that causes death, injury, or serious property damage, the local authorities will require a report to be filed within a set timeframe. Ensure that this form is completed on time to protect your rights.

Seek qualified legal representation

Boating accidents are complex. Give yourself the best chance of securing the compensation you deserve by hiring an experienced boating accident lawyer to represent you.

Your attorney can investigate your case, calculate fair compensation, and fight hard for your rights in negotiations or in court, if needed.

Entrust Your Boating Accident Case to Collins Law

If your relaxing afternoon on the lake turned into a disaster, do not try to seek compensation by yourself. By entrusting your case to an experienced Collins Law attorney, you can focus on healing while an experienced legal team fights for the best possible settlement on your behalf.

Our track record speaks for itself. Collins Law has secured more than $1.473 billion in verdicts and settlements for our clients. This includes a $1 million settlement for a child who was severely injured in a boating accident.

Do not delay in discovering your legal rights after a boating accident. Schedule a free consultation by calling (630) 527-1595 or contacting us online today.

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