Injured in a Boating Accident? Know Your Legal Options

Many associate boating with relaxation, fun, and adventure. But open waters come with their risks. Boating accidents happen more than you could think.

Factors like driver distractions, intoxication, sudden weather shifts, or equipment issues can quickly turn a fun boating day tragic. When these accidents happen, they often bring physical, emotional, and financial challenges. Feeling overwhelmed is natural, but staying informed and proactive can help.

This guide will help you understand your rights if you’re ever in a boating accident, explore the legal steps you can take, and guide you in securing the compensation and justice you deserve. Knowing your rights and legal options, whether you own a boat, ride as a passenger, or enjoy the occasional boating trip, is of utmost significance.

Boating Accidents and Injuries in Canada

Based on data from Transport Canada and The Canadian Red Cross Society, records from provincial and territorial coroners’ and medical examiners’ offices reveal that between 1991-2000, there were 1,952 boating-related deaths in Canada. Of these, 1,803 were drownings, while 149 were non-drowning water-related deaths, mainly due to trauma (98 cases) and hypothermia (51 cases). 

After cross-checking with various provincial coroners, it’s estimated that this data captures over 95% of all boating fatalities during that period. Boating incidents comprised 33% of drowning cases and 41% of non-drowning deaths. Excluding incidents on land and in the air, boating accounted for 39% of drowning incidents and 50% of other water-related fatalities.

Common Causes of Boating Accidents

Boating accidents often result from a combination of factors, many of which can be anticipated and mitigated with proper care and attention. Recognizing these causes early on can significantly reduce the risk of mishaps:

  • Driver Inattention or Inexperience: One of the primary causes of boating accidents is when the driver is not paying attention or lacks the necessary experience to handle the vessel safely.
  • Intoxication: Operating a boat under the influence significantly impairs judgment and reaction times, leading to dangerous situations.
  • Equipment Failure: Malfunctions or breakdowns in a boat’s equipment can result in unexpected incidents, emphasizing the importance of regular maintenance and checks.
  • Weather Conditions: Unpredictable and severe weather can quickly turn a boating tour risky, making it essential for boaters to check weather forecasts and be prepared for sudden changes.

 

 

Types of Injuries Seen in Boating Accidents

When it comes to boating accidents, a wide range of injuries can be acquired, each varying in severity. It’s essential to be aware of these potential injuries to promote safety and preparedness while enjoying time on the water:

Type of Injury Cause Severity
Head Trauma Collision with another boat/object Severe
Drowning Falling Overboard; Capsizing Severe
Fractures Collision; Equipment Malfunction Moderate/Severe
Cuts and Bruises Debris; Collision; Rough Waters Minor
Hypothermia Extended Water Exposure Moderate
Dislocations Falling on Deck; Rough Conditions Moderate
Spinal Injury High-speed Collision; Falling Overboard Severe
Burns Fire from Equipment Malfunction Moderate/Severe
Concussions Being hit by equipment; Collision Moderate
Sprains/Strains Slipping on wet surfaces; Sudden movements Minor
Near-drowning Prolonged submersion without drowning Moderate
Lacerations Sharp objects; Broken equipment Minor/Moderate

Immediate Steps to Take After a Boating Accident

In the wake of a boating accident, swift and decisive actions are essential. While it may be a distressing situation, following a set of steps can significantly aid in your response and recovery.

  • Seek Medical Attention: Your health and safety should always be the top priority. Even if you think you are unharmed, it’s wise to get checked by a medical professional. Some injuries could not manifest symptoms immediately.
  • Report the Accident to Authorities: Notifying the relevant maritime or local authorities about the accident is essential. They will document the incident, which can be crucial for any subsequent legal actions.
  • Document Everything:
    • Injuries: Take photographs of any visible injuries and keep medical reports.
    • Damages: Document the damage to the boat, equipment, or personal belongings.
    • Witness Testimonies: If there were any witnesses to the accident, get their contact details and accounts of what they saw.
  • Avoid Admitting Fault: Prematurely accepting responsibility can complicate insurance claims and legal proceedings. Let the professionals and authorities determine the cause.

Understanding Your Rights

In any challenging situation, understanding and asserting your rights is important. It’s a fundamental step that can protect your interests and prevent potential complications down the road.

  • Right to Compensation: You can be entitled to compensation if you’ve been injured in a boating accident due to someone else’s negligence or a product defect. This can cover medical expenses, lost wages, pain and suffering, and other damages.
  • Right to Legal Representation: Everyone can seek legal advice and representation. Hiring an attorney specializing in boating accidents can help ensure your rights are protected and you receive the compensation you deserve.
  • Right to Refuse Early Settlements: Insurance companies could approach you with a settlement offer shortly after the accident. Remember, you have the right to refuse these initial offers. It’s often advisable to consult your attorney before accepting any settlement to ensure it adequately covers your damages and future needs.

Legal Options Available

Having a clear understanding of your legal options is not only beneficial but also a critical aspect of taking necessary steps following an accident. These are the essential legal avenues to consider in response to the incident:

  • Filing a Personal Injury Lawsuit: If you believe another party’s negligence caused the accident, you can have grounds for a personal injury lawsuit. This legal action can help you recover damages related to medical bills, lost wages, pain and suffering, and more.
  • Insurance Claims: Depending on the specifics of the accident and the involved insurance policies, you will be able to file a claim. This could be against the boat operator’s insurance, your insurance, or even a product liability claim if equipment malfunction played a role in the accident.
  • Out-of-Court Settlements: Disputes related to boating accidents can sometimes be settled without going to court. This could involve negotiation between the parties directly, their attorneys, or through mediation. While this option can be faster and less expensive than litigation, ensuring any settlement offer fairly compensates you for your injuries and losses is essential.

Factors Affecting Compensation

Compensation following an accident is closely tied to the severity of the incident. Understanding the factors that affect the compensation you may be entitled to is crucial, as they can directly impact the amount you can claim when pursuing legal action.

Factor Description Impact on Compensation
Severity of Injuries Depth and gravity of injuries sustained; e.g., minor cuts vs. paralysis. Directly Proportional: The more severe the injury, the higher the potential compensation.
Loss of Income Amount of time taken off work due to injuries, potential future earning losses. Directly Proportional: Greater income loss can lead to higher compensation claims.
Medical Expenses Immediate and ongoing medical bills; include hospitalization, surgeries, therapy, and medications. Directly Proportional: Higher medical bills can justify a higher compensation request.
Pain and Suffering Physical pain and emotional trauma endured. Can include PTSD, depression, anxiety, etc. Varies: Depending on the jurisdiction and case specifics, this can have a varying impact on the total compensation.
Property Damage Cost to repair or replace damaged equipment, boat, or other personal belongings. Increases Compensation: Provable property damage can add to the overall compensation amount.

How to Strengthen Your Legal Claim

To bolster the validity and effectiveness of your legal claim, consider taking the following steps:

Engage a Specialized Boat Accident Lawyer:

Importance: 

An attorney experienced in boating accidents will have the necessary expertise to navigate the complexities of your case. They’ll be familiar with relevant laws, potential pitfalls, and strategies for maximizing your compensation.

Tips

Research attorneys with good reviews and a proven track record in boating accident cases. Initial consultations are often free, allowing you to gauge if they’re the right fit.

Amass Comprehensive Evidence:

Importance: 

Concrete evidence can make or break your claim. The more documentation you have, the harder it is for opposing parties to dispute your version of events.

Tips:

  1. Photograph everything—damages, injuries, the accident scene, and any potential contributing factors (like bad weather or faulty equipment).
  2. Keep a journal detailing your recovery, pain levels, and any limitations you’re experiencing.
  3. Get statements from witnesses as soon as possible after the accident.
  •  

Maintain Consistent Medical Records:

Importance: 

Medical records serve as undeniable proof of the injuries you’ve sustained and the treatment you’ve undergone. They can also help establish a pattern, showing the ongoing impact of the accident on your life.

Tips:

  1. Seek medical attention immediately after the accident, even if you feel “okay.” Some injuries manifest symptoms later.
  2. Attend all follow-up appointments and adhere to medical advice. Skipping appointments or not following through with recommended treatments can be used against you, suggesting your injuries aren’t as severe as claimed.

Common Mistakes to Avoid After a Boating Accident

Mistakes, when left unrecognized, can undermine the process of asserting your rights effectively. To ensure a smoother outcome, it’s vital to acknowledge and steer clear of these common pitfalls.

Prematurely Settling Without Legal Counsel:

  • Accepting early offers can limit potential compensation.
  • Professional legal advice can illuminate true claim value.

Ignoring Medical Recommendations:

  • Skipping appointments or not adhering to treatment can weaken injury claims.
  • Consistency in treatment portrays the genuine impact of injuries.

Overlooking Witness Accounts:

  • Witness statements can provide important details, corroborating your version of events.
  • Act promptly to gather these, as memories can fade over time.

 

Your Rights Matter With Boating Accident Lawyers

Navigating the aftermath of a boating accident can be overwhelming. However, understanding your rights and the potential legal avenues can significantly affect the outcome. Remember, your well-being and justice are paramount, and resources and professionals are available to support you. 

When seeking for the leading lawyers in this incident, contact us at Sidhu Personal Injury Lawyers Calgary. Don’t navigate these waters alone if you’ve been involved in a boating accident. Reach out to us for a legal consultation to ensure your rights are upheld.

Frequently Asked Questions

In Alberta, boaters must keep their speed below 10 km/hr within 30 metres of the shoreline. This rule is valid across the province’s lakes and waterways unless different limits are indicated or if a river’s width is under 100 metres. If a boater who was either speeding or too close to the shore injures you, this could strengthen your position in any subsequent claim.

Compensation claims for boating injuries, or where the injury results in death, are governed by the federal Marine Liability Act. Rather than the injury’s severity, the Act bases liability on the involved boats’ tonnage. 

Specifically, s. 29 of the Act indicates that for incidents involving a ship under 300 gross tonnage, the maximum liability is $1 million for loss of life or personal injury claims, and $500,000 for all other claims.

In Alberta, children under 12 are only allowed to operate a recreational boat with an engine up to 10 horsepower (hp), and only if supervised by someone at least 16. Youths between 12 and 15 years can operate a boat with more than 40 hp, but again, only under the direct supervision of someone 16 or older. Those 16 and above can operate a recreational water vehicle without supervision.