Philadelphia Boat Accident Lawyer

Spring and summer are here, and for many families in Pennsylvania and across the United States, that signals increased opportunities to go boating and enjoy the water. If you own a boat, you are fortunate in your immediate access to a popular recreational activity. However, boating accidents are common and can result in serious injuries, permanent disabilities, and fatalities. Some boating accidents can also result in lawsuits. If you think your boating accident may be worthy of a lawsuit, our injury lawyers in Philadelphia guide you through the process.

Common Causes of Boating Accidents

Much like any other motorized vehicle, boating accidents can occur for a multitude of reasons, whether they directly involve the driver or not.

Common causes of accidents include:

• Distracted boating. Just like distractions can be a major problem when it comes to operating a motor vehicle, they present the same problems when operating a boat. These distractions can include using mobile devices, talking to friends, playing games, horse playing, etc.
• Driving under the influence. In the Commonwealth of Pennsylvania, the legal allowable blood alcohol limit for operating a boat is .08%, the same as it is for operating a vehicle. Impaired boating presents the same dangers as impaired driving.
• Inexperience. Inexperienced boaters should always operate a vehicle with a more experienced boater on board. Inexperienced boaters should also consider taking various available boating courses so that they can learn the basics of navigation and safe mode operations.
• Poor lookout. There should always be someone on the boat acting as a lookout for approaching hazards, including other boats, debris in the water, people, etc. 
• Speeding. Boaters should rarely operate with the throttle wide open, and there are specific speed regulations in certain waterways throughout the Commonwealth. Operating a boat too fast for conditions is a major recipe for disaster.
• Weather. Individuals should always examine weather conditions, and future predicted weather, before they go out on their vessels. If there is any sign of inclement weather, individuals should either not go out on the boat or return to a harbor quickly.
• Water conditions. Just because the weather is clear does not necessarily mean water conditions will be the best for boating. Storms and other types of variables farther away can certainly affect currents, which can become incredibly dangerous for boaters and swimmers.
• Visibility. Visibility can be decreased for a variety of reasons, typically due to weather, fog, or nighttime. Boaters need good visibility to operate, and decreased visibility should result in a person anchoring until good visibility returns.
• Boat malfunctions. Anytime a boat or boat part malfunctions, this can lead to significant dangers. Malfunctioning boats can cause fires, leaks, or can leave individuals stranded far away from help.
• Drowning has always been another common cause of boating accidents. In 2021 alone, drowning accounted for 81% of boating accident fatalities. Of those, 83% were not wearing a life jacket, although life jackets were available on the boats.

Boats Most at Risk In Philadelphia

Boating always carries some risks, but some boats are more dangerous than others. The boat most likely to get into an accident is an open motorboat; 1,665 casualties were reported on these boats in 2014. Flooding, collision with other boats, and collision with fixed objects were the most common causes of these accidents after drowning. Personal watercraft were a close second, with 725 casualties reported in 2014. Pontoons were least at risk that year, with only 114 deaths reported.

Boating Accident Injuries In Philadelphia 

Boat accident injuries have the potential to be incredibly severe. Typically, individuals involved in these types of incidents do not have any type of restraint, so when an injury occurs, there is nothing keeping individuals from slamming into fixed objects or falling into the water. Depending on the mechanism of injury, these injuries can range anywhere from minor to severe and often include the following:

• Severe sprains or strains
• Fractured or dislocated bones
• Severe lacerations
• Crush injuries or amputations
• Traumatic brain injuries
• Concussions
• Spinal cord injuries
• Severe head, neck, or back injury
• Drowning or near drowning incident
• Hypothermia

This is certainly not a complete list of the types of injuries that can occur in a boating accident. If you have sustained an injury caused by the negligent actions of a boat operator or boat owner, we encourage you to reach out to an attorney for a free consultation of your claim today.

In addition to these traumatic injuries, we also want to mention the significant emotional and psychological trauma boat accident victims can experience as a result of their injuries and their recovery process. This can include feelings of stress, anxiety, and fear, and even symptoms of post-traumatic stress disorder (PTSD).

Proving Negligence In A Philadelphia Boating Accident 

Determining negligence after a boating accident can be challenging. It is essential to work with a skilled boat accident lawyer in Philadelphia as soon as possible so that a comprehensive investigation can get underway. Obtaining evidence at the scene of a boating accident can be incredibly difficult, if not impossible. It may be possible to use a phone or another type of camera to take photographs of injuries, damage, and causes of the crash, but that may also not be possible.

Other types of evidence commonly used to help prove what happened in a boat accident include surveillance footage from cameras on the boat or cameras nearby. Again, the very nature of these incidents often means there is not a lot of surveillance footage.

Commonly, statements from eyewitnesses or those involved are used to corroborate stories. It is important to get eyewitness information written down soon after the incident occurs so that these individuals can be contacted later on.

Investigating about accident often means conducting a thorough examination of the damaged vessel. An attorney may work to get the vessel on dry land so it can be examined by accident reconstruction experts and boating experts. 

What To Do After A Boating Accident In Philadelphia

There are various steps that individuals can take to help ensure their chances of recovering compensation after an accident occurs. Boat accident victims should:

• Seek medical care. The number one priority after any type of boat accident is medical treatment for those who sustain injuries. Even if individuals do not feel much pain right away, they need to seek medical care because the signs and symptoms of some injuries may not appear for hours or days after the incident.
• Report the incident. Nearly every boat accident should be reported to law enforcement authorities so they can conduct an investigation. Insurance carriers will look for some type of accident report, and various law enforcement agencies do respond to these types of incidents.
• Obtain evidence. It may or may not be possible to gather evidence at the scene of the incident, but obtaining evidence should be at the forefront of everyone’s mind. This can include taking photographs or video surveillance, getting witness statements, and thinking about preserving damaged vessels.
• Contact an attorney. A skilled Philadelphia boat accident lawyer can get involved and help with every aspect of the claim. This includes continuing the investigation, speaking to any insurance carriers or legal teams, and preparing the case for trial.
• Begin filing insurance claims. Insurance claims will need to be started relatively soon after the incident occurs, but boat accident victims do not have to go into much detail about the incident right away. All that the insurance carriers need to know is that the incident occurred, the names of those involved, and that you are seeking medical treatment for your injuries.
• Continue medical care. It is crucial for boat accident victims to continue all necessary medical treatment prescribed by a doctor. Discontinuing care before a doctor recommends doing so could jeopardize the insurance claim or the overall damages available through a personal injury lawsuit.

Protecting Yourself from a Boating Accident

At Ciccarelli Law Offices, we are eager to help you with your boating accident lawsuit. However, we would rather see you safe and enjoying the water. To prevent a boating accident, take these steps:

• Make sure everyone operating your boat takes a safety course and receives a state-approved certificate.
• Do not use alcohol or drugs while boating.
• Always store life jackets on your vessel, and require that passengers wear them at all times. Carry extra life jackets as well.
• Do not speed.
• Maintain your boat; repair or replace broken or damaged equipment in a timely manner.
• Watch the weather and do not go out on a questionable day.
• Do not pilot an overloaded boat.

If you or your loved ones have sustained an injury or experienced fatalities from a boating accident, you may be entitled to compensation. Contact our experienced accident lawyers in Philadelphia for a free consultation with legal and medical experts.