A Legal Guide for Injured Victims in Pennsylvania Boating Accidents
Boating accidents are both very similar to, and totally different from, motor vehicle accidents. While many of the injuries that can be sustained in both types of accidents are the same, and there are “rules of the road” for boating just as there are for motor vehicles, navigating on the water is entirely different from navigating on the roads. From the lack of traffic signals and roads, to the safety equipment required for a boat, operating a boat requires unique training to ensure the safety of everyone on your own boat, as well as others enjoying the water. Before wading into filing a personal injury claim after a boating accident in Pennsylvania, it is important to understand how liability is determined, what to do immediately after the accident, and how to protect your claim to maximize your financial recovery. Contact our skilled Pennsylvania boating accident attorneys today at (215) 337-4915 for a free consultation.
How do Boating Accidents Occur in Pennsylvania?
Similar to motor vehicle accidents, boating accidents tend to have some causes that are more common than others. Understanding these common causes can be helpful in determining liability, particularly if a boating accident victim is alert and able to pay attention at the accident scene. They may notice evidence of one of these causes or hear a statement made that indicates a fault.
Operator Negligence
Operator negligence is a very common cause of boating accidents. The operator is the individual driving the boat. Their negligence can include alcohol use, speeding, inattention to the task, lack of experience, operating the boat in hazardous weather, ignoring navigation rules, or failing to appoint a proper lookout. Operator negligence can also include failure to maintain the boat’s equipment and operating a boat that the individual knows is not seaworthy or not fit for the water conditions.
Equipment Malfunction
While boat owners and operators have a duty to maintain the boat and ensure its suitability for the lake or river, equipment malfunctions can occur. In some cases, this may be due to the owner or operator’s failure to maintain the equipment, but it may also be the result of defective equipment from the manufacturer or improper repairs, replacements, or maintenance by a boat mechanic. Equipment malfunctions that can lead to boating accidents include engine failure and faulty steering.
Hazardous Weather Conditions
Hazardous weather conditions can lead to boating accidents. Wind can create rough, choppy waters that are difficult to navigate, heavy rain can make it difficult to see, and hail can damage the boat and make it inoperable or cause an equipment malfunction. Lightning can strike the boat and cause equipment malfunctions or even strike and hurt or kill the boat’s operator. While the weather can change in an instant, and a storm or other hazardous weather can appear out of nowhere, boat operators should confirm the weather report before heading out on the water. If the weather changes while on the water, operators should quickly but safely seek the shore to protect everyone on their boat as well as anyone else still on the water.
Overcrowding or Improper Loading of the Boat
Boats have weight limits as well as limits on the number of people that can be on the boat. If these limits are ignored by adding cargo and people that exceed the weight limit or by adding more people than the capacity plate indicates, the boat is more susceptible to capsizing, swamping, or becoming otherwise unstable. The loss of control from this compromised stability, combined with an excessive number of people or cargo, can lead to people falling overboard or drowning. It is important to note that the capacity plate lists the number of people based on an assumed weight of 150 pounds per person. If some or all passengers weigh more than that, reducing the number of passengers may be required for safety.
Lack of Safety Equipment
Life jackets and fire extinguishers may immediately come to mind when thinking of safety equipment for a boat. However, Pennsylvania also requires boats to have a communication device such as a radio, mobile phone, or VHF radiotelephone, appropriate visual and audio marine distress signals, sound-producing equipment, and throwable devices such as ring buoys, life rings, or buoyant seat cushions.
Inadequate Training
Inadequate training of the boat’s operator can also be a common cause of boating accidents. A boat’s operator who is not properly trained in Pennsylvania’s boating laws or the operation of the specific boat they are operating can easily make decisions that lead to a boating accident. Pennsylvania requires all boat operators to have a Boating Safety Education Certificate to operate a personal watercraft or, for any operator born after January 1, 1982, to operate boats with a 25 horsepower motor or greater. Failure to have the proper safety equipment or the appropriate training may ultimately be used against a boat operator to prove negligence.
Liability vs. Negligence in PA Boating Accidents
Just as when they are operating a motor vehicle, all boat operators have a duty to act with caution and be responsible towards others on the water with them, including those on their own vessel and those swimming or on other boats or watercraft. Negligence, which is often mistakenly referred to as liability, is an individual’s failure to act with reasonable care. Negligence can be used to prove liability but is not the same as liability, which is the term for being legally responsible for causing harm to another person, either through injury or property damage. When an individual fails to exercise the same care that any other reasonable person would exercise in the same circumstances, their negligence can result in being liable for any injuries or property damage caused.
However, it is also important to be aware that boat operators are not always the negligent or liable party, or they may not be the sole negligent or liable party. Additionally, if the boat accident takes place on navigable waters, the Pennsylvania Rule may apply.
Multiple Parties That Could Be Responsible for a Boat Accident
Often, the instinct after a boat accident is to blame the operator. While the operator may ultimately be at fault or may be partially at fault, it is important to consider all the potentially liable parties. Other potentially liable parties include the boat’s owner (if it is not the operator), the manufacturer of the boat or of any parts that have been replaced on the boat, the rental company if the boat is rented, or any mechanics that may have done repairs, replacements, or maintenance on the boat.
Do not simply settle on the boat operator as being liable. Exploring all the possibilities allows a boat accident victim to ensure that their claim has the best chance of success and also allows them to be fully compensated for their damages. Determining the cause and responsible parties is critical to a successful claim.
Professional Investigation Matters in Boating Accident Cases
Boating accidents bear some similarities to motor vehicle accidents, but they are also drastically different. Because there are no roads and few, or even no, traffic signals, proving the cause and who was responsible for a boating accident can be more difficult. There is no stop sign, red light, or other indicator to use as evidence. Instead, the investigation must focus on the vessels involved and determining who or what was wrong. Was a boat operator drinking or otherwise failing to pay attention? Did a part fail and if so, was it due to lack of maintenance or a manufacturing defect?
These details are important because without clearly defined operating lanes or traffic control devices, boats are free to move about lakes and rivers in any way they choose. Therefore, it is not as simple as pointing the finger and saying, “It’s their fault.” Instead, boating accident victims must be able to clearly show precisely what caused the accident and who was responsible. This may require expert witnesses and accident reconstruction specialists. Individuals who have been hurt in a boating accident may wish to speak with a boating accident attorney to learn more about how these resources and others may benefit their case.
Understanding the Pennsylvania Rule in Boating Law
The Pennsylvania Rule, so named for the vessel that was involved in the United States Supreme Court case that created it rather than for our great state, is both very simple and very complicated. This rule provides that if a boat involved in an accident is in violation of any regulation or law that is meant to ensure safety, this violation creates a presumption that that boat is negligent and, thus, liable for the damages to the other parties.
However, the Pennsylvania Rule does not always apply. For example, the boating accident must have occurred on navigable waters, which means subject to the tide and able to transport commerce across state or international lines. If this rule applies, the presumption of negligence that it creates puts the burden on the boat’s operator to prove that this violation could not have been related to the accident. In other words, it may make it easier for your claim to succeed.
Immediate Actions to Take Following a Boat Accident in PA
After a boating accident, there are certain steps that victims should consider taking. These steps can help preserve their claim and build evidence against the other party.
Injury Assessment Following a Boating Accident
After a boating accident, the first step to take is to check for injuries. All parties on all vessels involved should be checked for injuries. Minor injuries can be treated with first aid at the scene until the parties can return to shore and seek medical attention. If there are any severe injuries, call 911.
Why Prompt Medical Treatment Is Critical for Your Boating Accident Claim
Like any personal injury claim, seeking medical attention should be a priority in a boating accident. This does a number of things. First, it establishes a record of the victim’s injuries, which will be needed for the claim. Second, it ensures that the victim is properly treated for their injuries, including any injuries that may not have been immediately noticeable at the scene. Third, it reduces the chances of the other party claiming that the victim’s injuries are not that severe or that they were not sustained in the accident. The sooner the victim receives treatment, the easier it is to prove the severity of the injuries and that they are the result of the boating accident.
Filing Reports and Remaining at the Scene of a PA Boating Accident
If someone is severely injured, they should call 911 and be transported for emergency treatment immediately. Anyone who is not in need of emergency medical treatment should remain at the scene of the accident. The accident should be reported to local law enforcement or the Pennsylvania Fish and Boat Commission. They will complete a report, which will provide a legal record of the statements that all parties involved make regarding the accident. This can be important later if one party makes a statement in the police report that acknowledges negligence or liability and later denies it.
Collecting Contact and Witness Information After a Boating Accident
All parties involved in the accident should exchange information, including their names, addresses, phone numbers, and insurance information. If there are witnesses, their names and contact information should also be collected, as well as any statements they are willing to make regarding what they saw.
Creating a Record of Your Boating Accident
Take photos of the accident scene, including anything around the scene that may have contributed to the accident. Take photos of the damage to all the vessels involved and try to take some general photos of the boats that may be used to show an equipment malfunction or missing safety equipment later. Take photos of any injuries, regardless of how minor or severe, when possible.
Avoiding Statements That Imply Fault After a Boating Accident
Admissions of fault or guilt can be used against the person who said them during insurance negotiations or litigation. However, it is important to recognize that this does not just mean saying, “The accident was my fault.” Phrases such as “I’m sorry,” “I didn’t see you coming,” or even “I was afraid something like this might happen” may later be construed as admitting fault.
Therefore, boating accident victims should be extremely cautious about making any statements at the accident scene to avoid saying anything that may be misused later to claim they were admitting fault. Limit statements made to the other parties to contact information and only provide information regarding what happened to law enforcement. If victims wish to discuss what happened with other victims that were on the same vessel, they should wait until they are away from any other boaters that were involved.
The Essential Process for Filing a Personal Injury Claim After a Boating Accident
1. Proper Accident Documentation
Whether the victim must negotiate the claim with the insurance company or the case goes to trial, resolving a boating accident claim takes a significant amount of time, often weeks or months, if not a year or more, depending on the injuries sustained. Over time, memories begin to become less clear, and smaller details (that may still be critical) may disappear entirely. Documenting the accident details is critical.
The first step to this is calling law enforcement or the Pennsylvania Fish and Boat Commission to get a copy of the report. Victims should also keep photos and videos of the accident scene, witness contact information and statements, and other information collected when the accident occurred. They may also want to write down their own account of what occurred. They will also want to keep medical records, bills, repair receipts and other evidence that will help prove their damages.
2. Insurance Notification Guidelines
Victims will want to notify their own insurance company as well as the other operator’s insurance company of the accident. If the boat is rented or owned by someone other than the operator, their insurance company should be notified as well. However, it is important to remember that insurance companies do not want to pay out for claims and may try to get the victim to say something that can be used to reduce the other party’s liability.
Pennsylvania uses comparative negligence, which means that if both parties are found at fault, they can recover damages in proportion to their fault. This means if the insurance company can find the victim to be partially at fault, the amount the insurance company has to pay is reduced. Therefore, victims should be extremely cautious about which questions they answer, how they answer them, and whether they allow the calls to be recorded. Boating accident victims may wish to consult with an attorney prior to speaking with insurance companies to ensure they do not say something that hurts their claim.
3. Get Legal Representation for Your Boating Accident Case
Maritime law and personal injury law both have many complexities. An experienced, knowledgeable personal injury attorney understands all the intricacies and can assist boating accident victims in asserting and protecting their rights, helping them navigate the legal system, and fighting for the compensation they deserve. They can also review the claim and offer advice and guidance regarding the victim’s legal options.
Knowledgeable attorneys will also be able to explain to the victim what will happen next. They can assist the victim in negotiating the claim with the insurance company, including ensuring that they do not settle too soon or for too little. They can also explain the process for filing a lawsuit and help ensure that the victim files their claim before the two-year statute of limitations runs out. The statute of limitations is very important because if a victim does not file their claim in time, they will be barred from filing it at all and will not be able to recover their damages.
Types of Recoverable Damages in PA Boating Accidents
In a Pennsylvania boating accident claim, as with other personal injury claims, there are several types of compensation the victim can pursue. How much compensation the victim may receive will depend on several factors.
Medical Expenses
Compensation for all accident-related expenses is the most common compensation that people are familiar with when it comes to personal injury claims. This compensation will cover bills for exams, tests and imaging, treatments, prescriptions, physical therapy, surgeries, hospitalization, and other injury costs. If the individual will require ongoing care, there are calculations that can be done to determine an appropriate amount to cover future medical expenses.
Lost Wages
When an individual is injured severely enough to not work, they can be compensated for their lost wages. This may require proof of income in the form of recent pay stubs. However, a stay-at-home parent can also request lost wages as well as lost future earnings. Additionally, a stay-at-home parent can also request compensation for the unpaid labor they usually do, particularly if they have had to hire someone to do this labor for them while they recover.
Pain and Suffering
Pain and suffering is financial compensation for the physical pain and emotional distress that the victim suffers as a result of the boating accident. This is called noneconomic damage, which means it isn’t easily quantifiable. Additional compensation that may fall under this category includes loss of spousal companionship, disfigurement, and skin scarring, embarrassment and shame, and fear, shock, and anticipation. Because of the difficult nature of quantifying this compensation, victims may want to work with an attorney who can help them determine an appropriate number.
Property Damage
Often, boating accidents result in property damage as well as injuries, and victims can request compensation for that property damage. Property damage can be for things such as a purse, wallet, or cell phone that fell overboard and was ruined, eyeglasses that were broken, or clothing that needed to be cut or torn off the victim for medical treatment. The damage to the boat is also included in property damage.
Call Our Pennsylvania Boating Accident Attorneys Now and Take the First Step Toward Compensation and Peace of Mind
Boating accidents can be scary experiences with severe injuries and significant property damage. While victims are legally allowed to handle their claims themselves, it is highly recommended to work with an accomplished boating accident attorney to ensure your rights are protected. Our team at Cohen & Riechelson will review your case, help you understand your rights and responsibilities, gather evidence, find resources such as expert witnesses and accident reconstruction specialists, and negotiate with the insurance company for a fair and just settlement. If your case needs to go to trial, we can also represent you in court so you don’t have to fight against the insurance company’s lawyers alone.
No matter where you are in Pennsylvania, Philadelphia, Pittsburgh, Allentown, Erie, Reading, Scranton, Bethlehem, Lancaster, Levittown, Harrisburg, or beyond, we’re here to help. Contact our office at (215) 337-4915 to discuss your case and receive a free consultation. We are here to help you navigate the legal intricacies on the path to securing the compensation you deserve for boat accident injuries.