- 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.
If you’re a resident of Metro Atlanta, you’re fortunate to live near beautiful lakes and rivers that offer you endless opportunities for fishing, boating, swimming, and watersports for all ages. Popular boating destinations near you include Lake Lanier, Lake Oconee, Lake Sinclair, and Lake Allatoona.
However, as you know, boating comes with a heightened risk of danger, from collisions to drowning, which can lead to serious or even fatal injuries. You may be aware that common causes of boat accidents include speeding, alcohol consumption, poor weather conditions, lack of operator experience, distractions, wet surfaces, and faulty equipment.
Unlike automobiles, boats don’t typically have seat belts, meaning that you or others on board can be injured or even killed if thrown into rocks or the surrounding water. On a warm day, a popular lake near you can become crowded with boaters and swimmers, increasing the chances of multiple injuries from an accident.
If you’re ever in an accident, you should know that 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 or a loved one were injured in a boating accident caused by someone else’s negligence, it’s crucial to understand your legal rights and options. You may have a valid claim for compensation, and when the at-fault party is covered by an insurance policy, the first step is filing a claim against the insurer. Depending on the specifics of your situation, you might have claims against multiple parties, which could mean that more than one insurance policy is available to cover your costs.
The compensation you could receive should reflect the full extent of your losses, both economic and noneconomic. Economic damages include tangible costs like medical bills, rehabilitation or ongoing care, lost wages, and property damage. Noneconomic damages address more intangible losses, such as pain and suffering, emotional distress, and a diminished quality of life. In certain circumstances, you may also be entitled to punitive damages, which are meant to punish particularly reckless behavior.
Calculating the total cost of your accident can be challenging, but a qualified boat accident attorney can help you navigate this complex process. They can ensure that your claim reflects the full scope of your losses and file it with the insurance company.
It’s important to be cautious about accepting a settlement offer that doesn’t fully cover your current and future costs. If you do, you might end up paying out of your own pocket later. To help you receive the maximum compensation, your attorney will gather evidence and submit documentation that clearly shows the extent of your injuries in a demand letter to the insurance company.
Even with strong evidence, the insurance company may not agree to pay what you deserve without some negotiation. An experienced boat accident attorney will not only assess your claim, gather evidence, and negotiate on your behalf but also be ready to file a lawsuit if the insurer refuses to offer a fair settlement.
Navigating the claims process after a boat accident can be complicated, but having an experienced attorney on your side ensures that every step is taken before the statute of limitations runs out on your chance to file a lawsuit. In Georgia, you generally have two years from the date of the injury to file a personal injury lawsuit. However, this time limit might be extended if the negligent party is charged with a crime, such as Boating Under the Influence (BUI), related to the accident. If you miss the filing deadline, your case will likely be dismissed, preventing you from recovering any compensation.
What Georgia Boating Laws Are in Place to Prevent Boating Accidents?
In Georgia, state and federal laws are designed to prevent boating accidents. Most personal injury cases fall under state law, but some are governed by federal law, depending on whether the water where your accident occurred is considered “navigable.” If the body of water is “capable of being used in commerce,” it’s navigable and federal maritime law applies. For example, the open ocean, intercoastal waterways, parts of the Chattahoochee River, and parts of the Flint River are navigable. However, lakes like Lake Lanier, Lake Allatoona, Lake Oconee, and Lake Sinclair, along with most rivers near you, are non-navigable, meaning Georgia law governs your case.
The Georgia Department of Natural Resources primarily enforces boating laws, though any state law enforcement officer has the authority to do so. Several state laws are in place to protect you and others from boating hazards:
- Reckless boating: Operating a vessel recklessly or in disregard for the safety of others, such as skiing too close to other boaters or causing damage from your boat’s wake, is illegal.
- Boating under the influence (BUI): It’s illegal for anyone under 21 to operate a boat or personal watercraft (PWC) with a BAC of 0.02 or more. For those 21 or older, the limit is 0.08. A BUI conviction can result in fines, loss of boating privileges, and even prison time.
- Personal flotation devices (PFD): You must ensure that each person on your vessel has a readily accessible PFD. Children under 13 must wear a PFD while the vessel is underway unless below deck or in an enclosed cabin.
- Improper distance: You must maintain a proper distance when operating a boat or towing someone on skis. For example, you should not exceed idle speed within 100 feet of anchored boats, docks, or public areas.
- Express or implied consent: If you allow a family member or someone else to operate your boat and they cause an accident, you could be held liable for their negligence. Consent is usually presumed if the operator is an immediate family member.
These are just some of the laws that govern boating in Georgia. Remember, boating laws differ from those for driving a car; there are no speed limits or right-of-way regulations, but there are accepted rules and safety practices that you are expected to follow.
If a boat operator violates any of these laws or fails to follow standard safety practices, it can strengthen your negligence claim. However, you’ll still need to prove that the violation caused or contributed to the accident. If reckless operation or BUI was involved, you might be entitled to additional compensation, including 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 requires an experienced lawyer to navigate complex laws. Your attorney must gather strong evidence to prove liability and damages.
Proving liability in a boat accident is often more difficult than in a car accident due to the lack of available evidence. Unlike car accidents, which might have skid marks, videos, or numerous witnesses, many boat accidents occur far from land, with few or no witnesses. Physical evidence like debris can sink or wash away, making it harder to reconstruct the incident.
The absence of speed limits or travel lanes on water also complicates determining if a boat was operated unsafely. Your attorney might need expert analysis and circumstantial evidence to prove liability.
Boat accidents are reported to the police less frequently than car accidents, often leaving no official report to aid in investigation. Determining which laws apply to your case—state or federal—can also vary based on the location and type of vessel involved.
Even when liability and damages are clear, less insurance is typically available for boat accidents compared to car accidents. If multiple parties are responsible, there may be more coverage, but finding these policies requires skill. Insurance companies often try to reduce or deny claims, but an experienced attorney knows how to find all available coverage and fight for maximum compensation.
