Recreational boating should be safe, but when negligence is involved, serious injuries can result. At Jonathan R. Brockman, P.C., our Atlanta boating accident lawyers help injured victims hold careless operators accountable. Call us at 770-205-8887 to arrange your free consultation and explore your legal options.

What to Expect When Handling a Boat Accident Claim in Atlanta

Boat accidents can lead to serious injuries or even fatalities. In Atlanta and the surrounding areas with access to lakes and rivers, recreational boating is common, but accidents happen. If you were hurt in a boating accident, you might be wondering how to protect your rights and what the claims process looks like. Boat accident claims involve specific rules and steps that differ from regular car accident claims. Understanding these can help you make informed decisions after the incident.

How boat accidents differ from other injury claims

Unlike car accidents, boat accidents often involve additional layers of complexity. Watercraft operate under federal, state, and sometimes local maritime laws. Navigating these legal frameworks requires expertise.

Boating accidents can involve:

Collisions between boats
Crashes with fixed objects like docks or pilings
Capsizing or sinking incidents
Personal injuries like falls or being struck by equipment
Alcohol or drug-related negligence

Because water conditions and navigation rules come into play, liability can be harder to determine. Multiple parties may share fault, including the boat operator, boat owner, rental companies, or manufacturers of defective equipment.

Who can file a boat accident claim

Anyone injured due to the negligence of another in a boating accident can file a claim. This includes:

Passengers on a boat
Operators of another vessel involved in a collision
Swimmers or bystanders injured by a boat
Owners of property damaged by boating activities

If you were on the boat at the time, your legal rights may depend on whether you were a passenger, a crew member, or the operator. Each status affects what claims you can make and against whom.

Common causes of boat accidents and liability

To win a boat accident claim, you need to show that someone else was negligent and caused your injuries. Common causes of boating accidents include:

Operator intoxication or impairment
Reckless or careless driving
Failure to follow navigation rules
Equipment failure or poor maintenance
Overloading the vessel beyond capacity
Weather or visibility issues

The party responsible could be the boat operator, the owner if they failed to maintain the vessel, a rental company if safety standards were ignored, or even a manufacturer if faulty equipment caused the accident.

The investigation process after a boating accident

After a boating accident, thorough investigation is critical. Evidence must be collected quickly because conditions and witnesses can change.

Key steps in the investigation include:

Documenting the accident scene with photos and videos
Collecting witness statements from passengers and bystanders
Obtaining accident reports from the Coast Guard or local authorities
Reviewing boat maintenance and inspection records
Examining the operator’s training and licensing status
Checking for alcohol or drug test results

An experienced boat accident lawyer knows what to look for and how to preserve evidence that supports your claim.

Filing a boat accident claim and insurance considerations

Once the investigation confirms negligence, the injured party can file a claim for damages. These claims typically involve:

Medical expenses related to the injury
Lost income due to missed work
Pain and suffering or emotional distress
Property damage to personal belongings or vehicles

Boat owners are required to carry liability insurance, but policies vary widely. Some may not cover certain accidents or have low limits. Rental companies usually have their own coverage as well. Your lawyer will help identify which insurance policies apply and coordinate claims accordingly.

Navigating federal and state laws

Boat accident claims can fall under federal maritime law or state personal injury laws depending on where the accident occurred. The Jones Act, Longshore and Harbor Workers’ Compensation Act, and other statutes may apply in some cases.

Georgia’s laws also regulate boating safety and liability on state waters. Determining which laws govern your case is crucial. A skilled attorney familiar with maritime and state law can guide you through these complexities.

When multiple parties share responsibility

It is common in boating accidents for more than one person or entity to be partly at fault. For example, a collision might involve two boat operators who both acted negligently. A rental company might be liable if it failed to properly inspect or instruct the renter.

Georgia follows a modified comparative fault rule. This means your compensation can be reduced by your percentage of fault but only if you are less than 50% responsible. If you share fault equally or more, you may not recover damages.

Your lawyer will carefully assess fault and build a case to maximize your compensation.

What if the boat operator was uninsured

Unfortunately, some boat operators don’t carry insurance or have inadequate coverage. This situation complicates claims but does not necessarily mean you have no recourse.

If you were a passenger, the operator’s personal insurance or a rental company’s insurance might provide coverage. Uninsured/underinsured motorist policies on your own auto insurance could apply in some cases, especially if the boat was transported on a trailer. Your attorney will explore all possible sources of compensation.

The Importance of Timely Legal Action

Like other personal injury claims, boat accident cases have deadlines for filing claims and lawsuits. In Georgia, the statute of limitations is generally two years from the date of the accident.

Starting your claim promptly preserves evidence, protects your rights, and puts you in a better position for settlement or trial. Waiting too long can jeopardize your case.

How a boat accident lawyer helps you

Boat accident claims are complicated. Having a lawyer who knows boating laws and insurance practices is essential. Your attorney will:

Investigate the accident thoroughly
Identify all liable parties and insurance coverage
Calculate fair damages based on your injuries and losses
Handle communications and negotiations with insurers
Prepare your case for court if needed
Advocate for your best interests every step of the way

You don’t have to navigate this process alone while recovering from injuries.

Protect yourself by taking immediate steps after a boating accident

If you are involved in a boat accident:

Seek medical attention immediately
Report the accident to the Coast Guard or local law enforcement
Gather contact information from everyone involved and witnesses
Document the scene with photos if possible
Avoid giving recorded statements to insurance adjusters without consulting a lawyer

These actions help protect your claim.

Conclusion

Boat accidents can cause serious harm and complicated legal battles. Understanding how claims are handled in Atlanta can help you protect your rights and pursue the compensation you deserve. Because of the complex laws and insurance issues involved, working with a qualified boat accident lawyer is often the best course of action.

If you or a loved one was injured in a boating accident, contact an experienced personal injury attorney promptly. Early legal guidance can make a significant difference in the outcome of your case.

Schedule a Free Consultation with a Boating Accident Attorney

Boating accidents often lead to serious injuries and long recovery times. If you or a loved one has been harmed due to someone’s carelessness on the water, a boating accident attorney at Jonathan R. Brockman, P.C. can help you seek the justice you deserve. Call 770-205-8887 for a free consultation and discuss your next steps with a member of our team.