When you live in Michigan, there’s nothing like cruising on the Great Lakes or one of its countless inland lakes. The cool breeze, the tranquil air, and the shimmering water draw hundreds of locals and tourists every year. While most recreational boat rides are enjoyable and leave you with lasting memories, others end in tragedy.
According to data compiled by the U.S. Coast Guard, 21 people died in boating accidents in Michigan in 2023. On a national scale, the numbers are even more staggering. If you or someone close to you has been involved in a boating accident, your priorities should be medical treatment followed by a consultation with a Michigan personal injury lawyer. In this blog, we break down the steps involved, so you know your rights and how to act on them.
Involved in a Boat Accident? Do This Next!
It can be difficult to stay calm and focused in the immediate aftermath of a boating accident, especially if you think you’ve been injured. However, the steps below will help you (and anyone else) secure medical care and collect evidence for a future accident claim.
Stop and Assist
Michigan boating law mandates that any boat operator involved in a collision must halt and offer assistance to anyone who is injured or in danger, provided it doesn’t create additional hazards. Check for people who may have fallen into the water or injuries requiring attention. If conditions such as rough water, risk of fire, or unstable boats make helping unsafe, wait for professional rescuers to arrive. Your safety is just as important.
For example, if someone is in the water, throw them a rope or life preserver. Jumping in to rescue them should only be a last resort, as it can increase the risk of further harm to both parties.
Contact Emergency Services
Once everyone is as safe as possible, dial 911 to report the incident. Provide the dispatcher with the location of the accident (use GPS if available), the number of people involved, and their respective conditions.
If cell service is unreliable, use a VHF marine radio. On Channel 16, call “Mayday” and provide details of your situation. This call is broadcast to all nearby vessels and the U.S. Coast Guard. Having backup communication tools, like a VHF radio or satellite device, is especially important in remote areas where cell signals may be weak.
Get Medical Attention
Focus on stabilizing accident victims until first responders arrive. Make sure no one is at risk of drowning, hypothermia, or exposure to hazardous conditions. Administer CPR or use a first-aid kit if needed, but don’t attempt advanced medical care unless trained to do so. To avoid worsening their condition, let medical professionals handle serious injuries unless the situation is urgent and life-threatening.
Drowning remains the leading cause of death in boating accidents, so make sure that anyone in the water has a flotation device and can hold on until help arrives. Even strong swimmers can struggle due to physical injuries or shock.
Collect Information
Once immediate safety concerns are addressed, begin documenting the accident. Gather the names, addresses, and contact information for all individuals involved, including passengers, witnesses, and other boat operators. You should also take clear photos of the boats, any injuries, and the surrounding environment. Focus on visible damage to vessels and any contributing factors, like debris or poor lighting.
When Are You Required To Report A Boating Accident Immediately?
In Michigan, certain types of accidents require a formal report to the authorities. Even if law enforcement is present at the scene, the responsibility to file a report often falls on the boat operator. So when would a written boating accident report be required?
Generally speaking, you must submit one if any of the following is true:
- A person is injured and needs medical treatment.
- A person dies or disappears.
- Boat damage exceeds $2,000 or the vessel is a total loss.
Submit the report to the local sheriff’s office, conservation officer, or Coast Guard unit in the area where the accident occurred. It must be filed within 48 hours for serious injuries or fatalities and within 10 days for property damage-only incidents.
Determining Responsibility
After a boating accident, you’ll want to identify who was at fault so you can file a claim for financial compensation. Determining responsibility involves looking at the actions of everyone involved, the condition of the vessels, and even external factors like weather or obstructions.
Boat-on-Boat Collisions
When two boats collide, the first step is to see whether the operators followed the “rules of the road” for waterways. These rules, similar to traffic laws on land, help establish who had the right of way and whether negligence played a role.
- Right of Way: In general, a vessel approaching from the right has priority. If one operator fails to yield to a boat on their starboard (right-hand) side, they may be found at fault.
- Speeding: Speed limits aren’t always posted on the water, but operators are expected to maintain a safe speed based on conditions. Traveling too fast in crowded areas, near shorelines, or in low visibility could be deemed reckless operation.
- Lighting: Boats must have proper navigation lights after sunset and before sunrise. Failing to use them can lead to collisions and shared liability.
- Passing and Crossing: If a boat improperly overtakes another or fails to follow crossing rules, the fault often lies with the operator who ignored these protocols.
For example, if two speedboats collide at night and one doesn’t have its navigation lights on, that operator may bear most of the responsibility, even if the other boat was traveling faster than it should have been.
Crashes Involving Land or Fixed Structures
Boat accidents involving docks, seawalls, or natural formations like rocks or sandbars often point to operator error, but other factors can come into play.
- Operator Inattention: If the driver wasn’t paying attention, was distracted, or misjudged their proximity to a stationary object, they’re likely at fault.
- Obstructions and Poor Signage: In some cases, hidden hazards or a lack of clear warnings (such as missing “No Wake Zone” markers) could make a marina or property owner partially liable.
- Mechanical Issues: A sudden loss of steering or engine failure could also contribute to a crash. In such situations, further investigation into maintenance records or manufacturing defects is needed.
For example, a boater who strikes a dock in clear weather is likely responsible for any injuries or damage. However, if the dock was poorly lit or partially submerged, the dock owner could share liability.
Equipment Failures
Sometimes, an accident is caused by mechanical issues or equipment malfunction. These cases can involve multiple parties.
- Operator Responsibility: Boat owners are required to maintain their vessels. If an accident happens because the operator neglected routine upkeep, they could still be held liable.
- Manufacturer or Repair Shop Liability: If a defect in the boat itself (such as a faulty steering system) caused the crash, the manufacturer or the repair shop may be held accountable. These situations often require expert analysis to determine whether the defect could have been prevented.
- Rental Companies: If you rented the vessel and it malfunctioned, the company that provided it might share liability, particularly if the problem could have been detected during a routine inspection. For example, if a boat’s engine stalls mid-turn and causes a collision, a mechanic’s failure to notice an engine issue during a recent tune-up might make them partially responsible.
Alcohol or Drug Use
Operating a boat while impaired is not only illegal but also a leading cause of maritime accidents. Anyone found operating under the influence (OUI) on the water may be subject to severe penalties, including fines, jail time, and loss of boating privileges. If one of the operators involved was found to be impaired, they are almost always held primarily or fully responsible for the crash.
Determining fault often involves piecing together evidence from witness statements, damage reports, photos, and even weather data. In many cases, multiple parties can share blame. For instance, one operator might be speeding, but the other failed to yield or had inadequate lighting.
If you’re unsure about fault in a boating accident, consulting with a personal injury attorney can help clarify your position. An experienced lawyer can review what happened and help ensure that you’re not unfairly blamed for circumstances beyond your control.
What Is The Cause Of Most Fatal Boating Accidents?
The U.S. Coast Guard reports that alcohol is the leading contributing factor in fatal recreational boating accidents nationwide. Alcohol impairs judgment, coordination, and reaction times, increasing the risk of collisions and falls overboard.
Steps to Prevent Future Accidents
Boating is a wonderful way to enjoy Michigan’s lakes, but safety should always come first. While accidents can’t be completely avoided, you can take several proactive measures to reduce the risks.
Know the Rules
Familiarize yourself with right-of-way rules, speed limits, and no-wake zones. For instance, boats approaching from the right generally have the right of way. If you aren’t operating the boat, make sure the person meets Michigan’s age requirements and has completed any necessary certifications.
Michigan law requires specific safety equipment on board, including life jackets, navigation lights, and a throwable flotation device. It’s also a good idea to keep a copy of Michigan’s boating guide onboard for quick reference, as it’s a handy resource for unfamiliar situations.
Keep Safety Gear Ready
Every vessel should have the following:
- Life Jackets: Each person on board must have a properly fitting U.S. Coast Guard-approved life jacket. Children under six must wear them at all times while on deck.
- Fire Extinguishers: Boats with enclosed fuel or engine compartments must have a functioning fire extinguisher.
- Flares and Whistles: Visual and sound signals are crucial for emergencies, especially in low-visibility conditions.
- First-Aid Kit: Include supplies for minor injuries, like bandages, antiseptics, and burn treatments.
- Anchor and Rope: In case of mechanical failure or unexpected stops, an anchor can keep you safely in place.
Check your gear before each trip to ensure it’s in good condition and replace worn-out items immediately.
Perform Routine Maintenance
Regular maintenance helps you avoid mechanical failures that can lead to accidents. Focus on these areas:
- Engine Checkups: Inspect your engine for leaks, corrosion, or worn-out parts. Ensure fuel and oil levels are adequate.
- Navigation Lights: Make sure all lights work properly, as they’re required for visibility at night or in low-light conditions.
- Battery and Electrical Systems: Check connections and charge the battery. A dead battery can leave you stranded.
- Hull Inspection: Look for cracks or damage that could worsen on the water.
Avoid Alcohol While Operating
According to the U.S. Coast Guard, alcohol is a leading factor in fatal boating accidents. Alcohol not only impairs judgment but also slows reaction times, making it harder to navigate safely. Operating a boat under the influence of alcohol or drugs is also illegal and comes with harsh penalties, so designate a sober operator before heading out.
Take a Boating Safety Course
A boating safety course can help you build confidence and gain valuable knowledge about operating your vessel. Courses typically cover navigation rules, emergency procedures, weather awareness, and basic boat maintenance.
In Michigan, anyone born after June 30, 1996, must complete a boating safety course to legally operate most motorized vessels. However, these courses are beneficial for boaters of all ages and experience levels. The Michigan Department of Natural Resources (DNR) offers in-person and online options to suit your schedule. Some insurance providers offer discounts for boaters who complete a certified safety course, making it a win-win.
Why You Should Consult a Lawyer After a Boating Accident
Dealing with the aftermath of a boating accident can feel like uncharted waters, especially when injuries, property damage, or disputes about fault are involved. If someone else’s negligence caused the accident, you have the right to pursue fair compensation for your losses. However, the legal process can be complicated, and insurance companies don’t always make it easy. That’s where a boat accident lawyer can help.
Identifying Compensation
Compensation isn’t just about medical bills. You may also be eligible for damages related to physical pain and suffering, lost wages, property repair or replacement, and diminished quality of life. A Michigan boating accident lawyer can review your case and determine what damages to pursue.
Explaining the Law
Boating accidents fall under a mix of state and federal regulations. A lawyer can explain how these laws apply to your specific situation. Without legal guidance, it’s also easy to say or do something that could weaken your case. For example, casually admitting fault or missing a filing deadline could harm your personal injury claim.
Dealing With Insurance Companies
While insurance is supposed to cover damages, claims often become a frustrating back-and-forth. Insurance companies are businesses, and their priority is protecting their bottom line, not paying you what you deserve. Initial settlement offers are often far below what you’re entitled to, but a lawyer can assess your case’s true value and negotiate for a fair amount.
In some cases, multiple insurance policies might apply, such as the boat owner’s policy, the operator’s liability coverage, or even your own. A boat accident lawyer will identify all potential sources of compensation.
Building a Strong Case
If negotiations with insurers don’t resolve your claim (or if the responsible party disputes fault), taking your case to court may be necessary. An experienced boating accident attorney will collect police reports, witness statements, medical records, and photographs of the accident scene to build a compelling argument. In some cases, they may work with accident reconstruction specialists or marine engineers to determine exactly what happened and why.
Recovering from an accident is hard enough without the added burden of stubborn insurers and paperwork. A boat accident attorney can take that weight off your shoulders, allowing you to focus on healing and getting back to your life. From filing claims to negotiating settlements, an experienced attorney manages the details so you don’t have to.
Speak to a Michigan Boating Accident Lawyer Today
Boating accidents can have devastating consequences, but taking the right steps afterward can improve the outcome for you. From addressing immediate concerns to understanding your responsibilities under Michigan law, preparation and prompt action are key.
If you or a loved one has been involved in a boating accident, contact the Lee Steinberg Law Firm for a free consultation. We’re here to help you secure maximum compensation so you can recover from your accident injuries. To schedule your free initial consultation, please call 313-513-7230 or contact us online today.
