Rhode Island Boat Accident Lawyer​

Common Causes Of Boating Accidents In Rhode Island

There are human and equipment conditions that impact the likelihood and extent of a boat accident. If you’ve been injured in a boat accident and any of these factors were present, you will want to consult a Rhode Island boat accident lawyer to see if the wrongdoer can be held accountable.

• Reckless boat driving: If the driver of the boat you were on operated it recklessly–at high speeds when near a wave, wake, dock, or other object, for example – they may be responsible for your injuries.
• Alcohol or drugs: Coast Guard officials say that boating while under the influence of alcohol (BUI) has historically been a cause of boat accidents. BUI is illegal in Rhode Island.
• Distracted boat operator: Many boat accidents are caused by distracted drivers/operators of the vessel. Even looking away for a few seconds at navigational controls at the wrong time can result in an accident and injuries.
• Inexperienced operator: The Rhode Island Department of Environmental Management has stated that inexperienced drivers cause many crashes Newer operators may lack knowledge of the shoreline or the location of underwater hazards, navigational markers, and other vessels. They may also lack proper training.
• Failure to comply with regulations: Boat accidents occur when an owner fails to comply with safety regulations. Deficiencies in vessel lighting, distress signal capabilities, or lack of fire extinguishers or personal floatation devices can play a role in accidents and the extent of injuries suffered.
• Improper use of boat: Boaters that do not follow the boat manufacturer’s guidelines can be the cause of accidents and injuries. For example, taking more people or weight onto a boat than the vessel was designed to handle can cause a boat to take on water or even capsize.

Common Boat Accident Injuries

When boat operators are negligent or violate Rhode Island law, accidents happen, and passengers get injured.

Boat accident injuries range from minor to catastrophic. Government reports identify specific primary injury types in boat accidents involving recreationalists, including:

• Amputation
• Broken bones
• Burns
• Carbon monoxide poisoning
• Concussion
• Electric shock
• Hypothermia
• Internal organ injury
• Lacerations, scrapes, or bruises
• Shock
• Spinal cord injury
• Sprain/strain

If you or a family member suffered any of these or other injuries during a boat accident, one of our experienced Rhode Island personal injury lawyers would be happy to talk with you about how to seek compensation from the responsible person.

Boat Accident Fatalities

Some boat accident injuries are deadly. Sadly, a woman on a catamaran sailboat died after a powerboat collided with her vessel near Newport Pell Bridge.

Family members of a person who died after a boat accident may be able to bring a wrongful death lawsuit against the negligent boat operator. If you find yourself in this terrible situation, seek counsel from a Rhode Island boat accident lawyer as soon as you can.

Who Can Sue for Damages in Boat Accidents?

Eligibility for filing a lawsuit after a boat accident varies based on the circumstances of the incident and the individuals involved. 

Passengers

Passengers injured in a boat accident have the right to sue for damages. They can file a lawsuit against the boat operator, owner, or any other party whose negligence contributed to the accident. Common claims include medical expenses, lost wages, pain and suffering, and emotional distress.

Boat Operators

Boat operators can also seek compensation if they are injured due to another party’s negligence. For instance, if another vessel’s operator was at fault for the collision, the injured operator could file a lawsuit against the negligent party. Additionally, operators can seek damages from manufacturers if equipment failure due to a defect causes an accident.

Third Parties

Third parties, such as swimmers, anglers, or other waterway users, can sue if they are injured due to a boat accident. For example, if a boat collides with a swimmer or someone on a dock, the injured third party can pursue legal action against the boat operator or owner.

Steps to Take Immediately After a Boating Accident

Experiencing a boating accident can be disorienting and stressful. However, taking the following crucial steps can help ensure everyone’s safety and protect your rights:

Ensure Safety

• Check for Injuries: Assess yourself and others on board for any injuries. Administer first aid if necessary and ensure that everyone is wearing a life jacket.
• Move to Safety: If the boat is in danger of sinking or if staying onboard poses a risk, move to a safe location, either on another vessel or to shore if possible.

Seek Medical Attention

• Call for Help: Use a marine radio or mobile phone to contact emergency services immediately. Provide your location and details about the accident and any injuries.
• Seek Medical Care: Even if injuries appear minor, it’s important to get a medical evaluation as some injuries might not be immediately apparent.

Report the Accident

• Notify Authorities: Report the accident to the local marine patrol, coast guard, or appropriate authority. In Rhode Island, you must report the incident to the Rhode Island Department of Environmental Management (DEM) if there are injuries, significant damage, or a fatality.
• File a Formal Report: Follow up by filing any required accident reports as mandated by local laws and regulations.

Gather Evidence

• Document the Scene: Take photographs or videos of the accident scene, including damage to the boats, the surrounding environment, and any visible injuries.
• Collect Information: Obtain contact details and insurance information from all parties involved, including witnesses. Note the names, addresses, and phone numbers of everyone on board.
• Keep Records: Write down all relevant details about the accident as soon as possible, including the time, location, weather conditions, and any events leading up to the incident.

By following these steps, you can help ensure that immediate dangers are addressed and that you have the necessary documentation to support any future legal or insurance claims. If you need further assistance, consulting with an experienced boat accident lawyer, such as those at Marasco & Nesselbush, can provide valuable guidance and support.

Compensation for Boating Accident Injuries in Rhode Island

If your boat was damaged in a boat accident, you may be able to have the responsible party pay for repairs or replacement of an unsalvageable boat. Commercial fishermen may also be able to seek lost wages for the period that they could not operate their boats.

Rhode Island Boat Safety Law Requirements

Under Rhode Island law, the blood alcohol limit for boat operation is 0.08 percent. The state’s BUI statute mirrors the DUI statute. There are some differences in penalties, however. Violators of BUI laws may be required to take a boat safety course, whereas people charged with a DUI must attend a driver retraining course. However, people under the age of 21 who are convicted of a BUI will have their driver’s license suspended as well.

Penalties for negligent boat operators include suspension of their boating rights. While a driver would have their driver’s license suspended.

The Rhode Island Department of Environmental Management (DEM) is the chief steward of our state’s natural resources. The DEM Division of Enforcement is also the lead agency that enforces boat safety and investigates recreational boat accidents. The marine officers in the enforcement division conduct water-based searches and rescues, patrol state beaches and coastal parks, and teach boat safety courses.

The DEM enforces Rhode Island statutes on the regulation of boats, laws regarding boats and alcohol, and laws regarding Personal Watercraft (PWC) operation. DEM rules and regulations also incorporate international/inland rules for operating vessels on the water and additional boat equipment safety regulations.

Accident Reporting

The owner or operator of any vessel involved in an accident or casualty on the waters of Rhode Island must report the incident to the DEM or a nearby state or local police office. This reporting requirement applies to all deaths and injuries on a boat and where property damage is more than $2,000.

The boat owner has five days after the incident to file a written report with the DEM.

Examples of reportable boat accident casualties include:

• Collision between two vessels or vessel grounding where the total property damage to either or both vessels is estimated to be more than $2,000
• Collision with a fixed object such as a dock, pier, or buoy that results in property damage in excess of $2,000
• Any injury to a person where more than first aid is needed. Examples here include injuries from being struck by a vessel, falling overboard, falling from a wake, injury from a collision, collisions while being towed by a vessel, or riding on a vessel.

If someone becomes seriously ill or dies from medical causes not related to the boat, no accident report is required.

Local Boat Regulations

Some Rhode Island towns, such as Glocester, have their own local regulations on boats. These may come into play if you are considering a lawsuit after a boat accident. The lawyers at our firm are very familiar with the local and state laws governing the operation and ownership of boats on Rhode Island waterways.

Contact Marasco & Nesselbush Personal Injury Lawyers for Help

The Rhode Island boat accident lawyers at Marasco & Nesselbush have years of experience with the Department of Environmental Management and the laws governing negligence in boat accidents.

You can rely on us to leverage the skills and knowledge we’ve attained in our 25 years of legal experience in Rhode Island to hold the responsible parties and their insurance carriers accountable.

You can trust that we will manage your case professionally and meet legal deadlines, including Rhode Island’s three-year statute of limitations for bringing an action for personal injury. We will review your medical records and pore over the details of your case in order to build a solid case against the defendant.

Our legal team will fight for the compensation you’re entitled to. The damages we will unwaveringly pursue include your:

• Current and future medical expenses
• Property damage
• Lost wages and future earnings
• Pain and suffering
• Emotional distress

You shouldn’t have to endure continued hardships in the wake of any traumatic event, much less one that was due to the carelessness or reckless behavior of another person. As your legal team, we’ll stand up for you and put an end to the defendant’s ruthless exploitation of your injury or loss.

If you or a loved one has been involved in a boating accident, it’s crucial to seek expert legal assistance to ensure your rights are protected and you receive the compensation you deserve. The experienced attorneys at Marasco & Nesselbush are here to help you navigate the complexities of maritime law and provide the support you need during this challenging time.