- All lakes in and near Metro Atlanta—including Lake Lanier, Lake Allatoona, Lake Oconee, and Lake Sinclair—as well as most rivers are considered non-navigable, which means Georgia law applies in a boat accident.
- If there is evidence that a boat operator violated a law, or even a standard safety practice, it can go a long way toward proving your negligence claim.
- Often, proving liability can be more difficult in a boat accident than a car accident claim because there is typically less evidence available.
- Unlike auto insurance, boat insurance is not required under Georgia law. However, the potential for costly property damage and serious physical injuries and/or fatalities when operating a boat means that you need insurance to be fully protected from liability.
- The average annual cost for boat insurance in Georgia is less than $400, which is far less than the price for auto insurance.
Residents in Metro Atlanta are fortunate to live near plenty of beautiful lakes and rivers that offer opportunities for fishing, boating, swimming, and watersports for people of all ages. Some of the most popular boating destinations near Atlanta include Lake Lanier, Lake Oconee, Lake Sinclair, and Lake Allatoona.
Unfortunately, boating comes with a heightened risk of danger from collisions and drowning, which means that accidents can result in serious, or even fatal, injuries. Common causes of boat accidents include speeding, alcohol consumption, poor weather conditions, lack of operator experience, distractions, wet surfaces, and faulty equipment.
Unlike automobiles, people riding in boats are typically not wearing seat belts, which means they can be injured or killed when thrown into rocks or the surrounding water. On a warm day, a popular lake can be crowded with boaters and swimmers, increasing the chances of multiple injuries from an accident.
When an accident happens, it can be difficult for emergency medical personnel to reach victims quickly enough to render aid. In certain situations, victims and wreckage must be recovered from the depths of the water before an investigation into the accident can properly begin. If you or a loved one were injured in a boating accident caused by someone else’s negligence, time is of the essence when pursuing your claim for compensation.
The Process of Filing a Boat Accident Legal Claim
If you were injured in a boat accident because of someone else’s negligence, you may have a legal claim for compensation. When the at-fault party is covered by an insurance policy, the first step in the process is filing a claim against the insurer. Depending on the facts of your case, you may have a claim against more than one party, which means that multiple insurance policies could be available to cover your costs.
The compensation you receive should include the total cost of the accident, which means both economic and noneconomic damages. Economic damages include expenses such as medical bills, rehabilitation/ongoing care, lost wages, and property damage. Noneconomic damages are for intangible losses such as pain and suffering, emotional distress, and diminished quality of life. In certain cases, you may also be entitled to punitive damages. Quantifying your losses can be difficult, but a qualified boat accident attorney can help you determine the total cost of your accident and file your claim against the insurance company.
If you accept a settlement that does not fully cover your costs—current and future—you will likely end up paying for the accident out of your own pocket. To ensure that you receive maximum compensation for your claim, your attorney must gather evidence and submit documentation to the insurance company that shows the full extent of your injuries as part of the demand letter.
Even if your demand is supported by evidence, however, the insurance company may not agree to pay without negotiating with your lawyer. An experienced boat accident attorney should not only evaluate your claim, gather evidence on your behalf, and negotiate with the insurance company but also be prepared to file a lawsuit if the carrier does not agree to fair compensation.
The claims process for a boat accident can be complicated, but hiring an experienced attorney can ensure that all steps are taken before time runs out on your chance to file a lawsuit. In Georgia, the statute of limitations for filing a personal injury lawsuit is two years from the date of the injury, though the statute may be paused if the negligent party has been charged with a crime (e.g. BUI) related to the accident. O.C.G.A. § 9-3-99. If you miss the deadline to file a lawsuit, your case will likely be dismissed, preventing you from recovering compensation.
What Georgia Boating Laws Are in Place to Prevent Boating Accidents?
In Georgia, there are state and federal laws in place to help prevent boating accidents. In most personal injury cases, state law applies; in others, federal law is applicable. Whether the case is governed by state versus federal law depends on whether the body of water where the accident occurred is “navigable.” Legally, “navigable” means that the body of water is “capable of being used in commerce.” Aqua Log, Inc. v. Lost and Abandoned Pre-Cut Logs and Rafts of Logs, 709 F.3d 1055, 1062 (11th Cir. 2013). Courts have held that the open ocean, intercoastal waterways, parts of the Chattahoochee River, and parts of the Flint River are navigable and thus governed by federal maritime law. All lakes in and near Metro Atlanta—including Lake Lanier, Lake Allatoona, Lake Oconee, and Lake Sinclair—as well as most rivers are considered non-navigable, which means Georgia law applies. Primary responsibility for enforcing boating laws lies with the Georgia Department of Natural Resources, though any state law enforcement officer has authority. There are numerous state laws designed to protect the public from boating hazards in Georgia, including:
- Reckless boating. Under Georgia law, “[a]ny person who operates any vessel or manipulates any water skis, aquaplane, surfboard, tube, or similar device in reckless disregard for the safety of persons or property commits the offense of reckless operation of a vessel or other water device.” O.C.G.A. § 52-7-12.1. According to the Georgia Wildlife Resources Division, examples of reckless boating cover water skiing too close to other boaters or swimmers, causing damage from the wake of your boat, or operating at a dangerously high speed.
- Boating under the influence (BUI). The Georgia Boat Safety Act makes it illegal for anyone under the age of 21 to operate a boat or personal watercraft (PWC) if their blood alcohol content (BAC) is 0.02 or more. Those 21 or older may not operate a boat or PWC if their BAC is 0.08 or more or if drugs are detected. O.C.G.A. § 52-7-12. A person found guilty of BUI can also be charged with endangering a child if any passengers on board are under 14 years. Those convicted of BUI can lose their boating privileges and receive criminal penalties, including fines up to $1,000 and/or prison time up to one year.
- Personal flotation devices (PFD). In Georgia, each person on board a vessel must have a readily accessible PFD of appropriate size. Children under 13 years must wear a PFD while the vessel is underway, except when they are below deck or in an enclosed cabin. O.C.G.A. § 52-7-8.
- Improper distance. When operating a boat or towing someone on water skis or similar devices, the driver must maintain a proper distance to ensure safety. Specifically, you must not operate a boat greater than idle speed within 100 feet of an anchored boat, dock, pier, bridge, or a public use area; operate within 100 feet of another boat at greater than idle speed unless you are overtaking or meeting the other boat in compliance with safety rules; follow too closely behind another boat or vessel; or jump the wake of another boat.
- Express or implied consent. Under O.C.G.A. § 51-1-22, the owner of a boat or PWC can be held liable for boating accident injuries caused by another person’s negligence if the operator is a family member, or the owner gave consent for the negligent party to operate the vessel. Consent is presumed if the vessel is being operated by an immediate member of the owner’s family. For example, if a teen or adult child negligently causes an accident while operating their parent’s boat, the victim may have a legal claim against the parent as well as their child.
These are just some of the many laws that address the safe operation of boats and PWC in Georgia. Keep in mind that boating laws and regulations are different than rules related to driving a car. For example, boats do not have speed limits and right-of-way regulations, though there are generally accepted rules that boaters are expected to follow. If you are operating a motorized vessel or a boat with a sail, you are expected to yield to commercial fishing boats, vessels that are restricted in their ability to move (e.g., when a boat is towing another boat), and anchored vessels.
Boat operators are also expected to practice good seamanship, keep a sharp lookout for other boats and people, and maintain a safe speed and distance for the conditions present. In addition, boats are expected to flash certain lights to indicate their position at night and follow specific rules when towing another boat or PWC (e.g., only tow during daylight hours and use personal floatation devices while being towed).
If there is evidence that a boat operator violated a law, or even a standard safety practice, it can go a long way toward proving your negligence claim. However, you must still be able to prove that the violation caused or contributed to the accident to recover compensation. If the accident was caused by reckless operation or BUI, you may be entitled to additional compensation in the form of punitive damages.
What Insurance Coverage Is Available for Boat Accident Victims?
Unlike auto insurance, boat insurance is not required under Georgia law. However, the potential for costly property damage and serious physical injuries and/or fatalities when operating a boat means that you need insurance if you want to be protected from liability. If you are not fully protected against the cost of a boat accident, you may end up having to pay a large verdict out of your personal assets.
Most major carriers that offer auto insurance also offer boat insurance. A standard boat insurance policy typically includes property damage liability coverage, which pays for damage to another boat, marina, or dock if your boat caused the accident, and bodily injury liability coverage that pays for medical expenses if you are responsible for injuries to third parties. Standard policies may also cover costs for fuel spills, watersports liability, and wreckage removal, while optional terms may include collision and comprehensive coverage.
Georgia tends to be a medium-cost state when it comes to boat insurance rates, and the cost of your policy can depend on factors such as your boating experience, type of boat (i.e., make, model, and year), and claims history. You can choose the coverage limit that best protects you and your assets. The average annual cost for boat insurance in Georgia is less than $400, which is far less than the price for auto insurance.
Obstacles that Boat Accident Claimants Must Overcome
Winning compensation for a boat accident can be challenging, and it takes an experienced lawyer to navigate the complex laws and issues that can arise in a claim. To win your claim, your attorney will need to gather strong evidence to prove liability and damages.
Often, proving liability can be more difficult in a boat accident than a car accident claim because there is typically less evidence available. For example, in a car accident you can build a claim using evidence such as skid marks, videos from intersections or local businesses, and eyewitnesses. Many boat accidents, however, take place far away from land, and the only witnesses may be the parties involved in the collision. Debris and other physical evidence can sink or be washed away, making it harder to piece together what happened.
The lack of posted speed limits or lanes of travel can also make it more difficult to determine whether a boat was being operated in an unsafe manner. Your attorney may need to rely on expert analysis and other forms of circumstantial evidence to establish liability.
Despite reporting requirements, boat accidents tend to be reported to the police far less often than car accidents. Without a police or accident report, it can be challenging to investigate and prove causation. Another challenge is determining what laws apply to your case, and these can vary depending on jurisdiction (e.g., federal versus state law) and the type of vessel or body of water where the accident occurred.
Finally, even if you can prove liability and damages, there is typically less insurance available to cover a boat accident claim than in a car accident. If there are multiple parties responsible, there may be more coverage available, but your attorney will have to know where to look for these policies. Even when there is insurance coverage, the carrier will usually try to reduce or deny the claim to avoid a payout. An experience attorney knows how to not only find all available coverage but also fight the insurance company to get maximum compensation for your injuries.
Free Consultations for Boat Accident Cases
If you have questions about a boat accident case, call and speak with us to receive a free evaluation of your claim. When you call The Millar Law Firm, you will speak with an attorney committed to helping you recover maximum compensation for your injury claim. If you want to find out how much your boat accident case could be worth, and win, contact us today at 770-400-0000.