What to Do After a Boat Accident?
As June 1st marks the transition from spring to summer, it’s the perfect time to prepare your boat for the upcoming season. Whether you’re planning to fish, sail, or simply enjoy the water, it’s essential to be aware of the risks and know how to respond if an accident occurs. A boating accident lawyer can help protect your rights if an accident happens.
If you’ve been involved in a boating accident in Oklahoma, you need a trusted partner to fight for your rights and hold negligent parties accountable for your losses. At Aizenman Law Group, our experienced personal injury attorneys will help you fight for the justice you deserve while you focus on getting your life back on track. We understand the legal process can overwhelm you because of the many Oklahoma laws and regulations governing boating, waterway use, and accidents. Contact our personal injury lawyers today for a free consultation.
Boating Season in Oklahoma
With summer just around the corner, one thing’s for sure in Oklahoma: it’s boating season! With over 200 lakes in the state, like Lake Eufaula and Grand Lake, folks travel in to enjoy all the state has to offer. So, it’s time for you to get the family out on the water, do some fishing or sailing, and enjoy the sun! However, before you head out, be sure to equip yourself with all the necessary information and remain cautious, even when having fun. Even with precautions, accidents can still happen. Consulting a boating accident lawyer can be an important step if something goes wrong.
Boating accidents are common. According to recreational boating statistics from the U.S. Coast Guard, while the number of recreational boat accidents fluctuated between 2019 and 2023, the number rose notably from 38 in 2022 to 58 in 2023, marking a significant increase in the most recent recorded year.
There were 58 recreational boating accidents in 2023, which, unfortunately, led to 11 fatalities. Meanwhile, across the country in the same year, 3,844 accidents caused over 500 fatalities and over 2,000 injuries.
How Should You Prepare Before Getting on a Boat in Oklahoma?
The Oklahoma Boating Safety Regulation Act (63 Okla. Stat. §§ 4200–4219) outlines the conduct that operators and passengers of boats and other vehicles designed to operate on water are expected to adhere to. Some of its provisions outline steps that boaters in the state must follow to ensure a safe outing on the water:
Key Safety Requirements for Boaters
- Every person on a personal watercraft (less than 16 feet in length) must wear a personal flotation device. If the vessel is longer than 16 feet but less than 26 feet, only passengers aged 12 or younger must wear a personal flotation device.
- Children under 12 must never operate a motorized vessel.
- Ensure that vessels heading out between sunset and sunrise carry and exhibit all the required lights as well as an efficient whistle.
- Ensure a Coast Guard-approved fire extinguisher is on board if the vessel uses flammable liquids as fuel.
- Vessels using any liquid as fuel must also be able to ventilate the bilges of their motor and fuel tank efficiently.
- Ensure the operator is not operating the vessel under the influence of alcohol or any other controlled and dangerous substance.
- Confirm the capacity of the vehicle according to the posted capacity plate, and ensure this capacity is not exceeded.
- Check that the radio and navigation tools work properly.
- Keep a standard first aid kit on board.
The law also requires that once a vessel on state waters is within 50 feet of another vessel, it must not operate at speeds greater than 10 miles an hour, and vessels in the wake zone (within 150 feet of any ramp, dock, pier, or anchored or moored vessel) must operate at a careful and prudent speed. If an accident occurs due to theses violations, a boating accident lawyer can explain your legal rights and options. Additionally, when a vessel is moving at speeds greater than idle or trolling speeds, no person may sit or ride on the sides of the vessel.
What Should You Do if There’s an Accident?
If an accident occurs despite your precautionary steps, stay calm. Depending on the nature of the accident, you may feel slightly disoriented after an accident that occurred on water. Take a moment to catch your breath and get a clear understanding of your surroundings. Once you’ve done that, do the following:
Ensure Everyone Is Safe
The best way to quickly achieve this on water is with a headcount. You primarily want to ensure that no one who was on the boat has fallen overboard and is now having trouble getting back on board. While ensuring everyone is safe, the law also requires that you render assistance to other parties involved in that accident if possible.
Once you’re sure that everyone is accounted for, you must then make sure no one is in any imminent danger. Depending on the scenario, this may entail stopping any bleeding, reaching land as soon as possible, or simply finding something to hold on to.
Call 911
Even if you think the accident caused no significant injuries, call 911, as it’s hard to know what really happened in water. Certain water injuries might not become evident until much later, so it is important that you are examined by trained medical professionals.
Furthermore, under 63 Okla. Stat. § 4214(A) operators or passengers in a boating accident must quickly report the accident to the local police. If this accident occurred near land, you can use your cell phone to report it. Otherwise, dial 911 on your vessel’s radio.
Exchange Information
If another party has been injured in the accident, you are legally required to provide them with your name, address, and vessel identification in writing.
Document the Accident
If you cannot take pictures or videos of the accident, write down every detail you can remember from the accident as soon as you can. The operator of the vehicle must file a full description of the accident or collision with the Department of Public Safety if the accident has caused death, injury, or property damage exceeding $2,000.
Understanding Maritime Law and Boating Accidents
When a boating accident occurs on navigable waters, maritime law often comes into play. Unlike typical state laws that apply to motor vehicle accidents, maritime law has its own set of rules and responsibilities that govern incidents on the water.
One of the core principles under maritime law is the duty of care. This means that boat owners, operators, and even rental companies have a legal obligation to ensure safe conditions for passengers and others on the water. If someone fails in this responsibility, whether by operating a vessel recklessly, failing to maintain equipment, or ignoring safety regulations, they risk liability for any injuries or damages caused.
Compensation for Boating Accident Victims
Victims of boating accidents can pursue compensation for medical expenses, lost income, pain and suffering, and property damage. In some situations, particularly reckless or intentional actions by the responsible party can result in additional damages awarded to victims, which helps discourage such behavior in the future.
Maritime law also includes the principle of comparative fault, where liability can be shared among multiple parties based on their degree of responsibility. This can impact the total compensation a victim may receive. Additionally, claims governed by maritime law typically have a three-year statute of limitations, so it is crucial to act promptly to preserve your right to seek damages.
Navigating Complex Laws with Legal Guidance
Navigating the legal side of a boating accident can be complicated. Maritime law often overlaps with state and federal regulations and understanding how these laws apply to a specific case takes skill and experience. Whether the incident happened on a lake, river, or larger waterway, having a knowledgeable boating accident lawyer by your side can make a crucial difference in protecting your rights and pursuing the compensation you deserve.
Aizenman Law Group Is Available to Help
Ultimately, to effectively protect yourself after a boating accident, it is essential to consult an injury attorney. Since Oklahoma law doesn’t require boats to have insurance, a collision with another party or another party’s property may expose you to significant costs. If you have insurance, your insurer may wrongfully deny or reduce your claim’s value.
The personal injury attorneys at Aizenman Law Group fight to protect your rights and secure fair compensation after a boating accident in Oklahoma.
Call Aizenman Law Group at 918-215-8856 any time day or night for a no-cost consultation.
