Over the summer months, more people are on Maryland’s waterways. Maryland has more than 40 rivers and more than 400 miles of tributaries that flow into the Chesapeake Bay. Areas like Annapolis and the Eastern Shore are famous for boating. It’s important to know what to do if you are in a boating accident.
Every year, boaters lose their lives or are seriously injured on rivers or the ocean. About a dozen people die on average every year in boating accidents in Maryland. However, the state saw a spike in 2015 when 21 people lost their lives, the most in two decades, reported the Baltimore Sun. If you are on a boat, you should abide by a series of rules. Not all boaters know what to do if they get in trouble.
For a free, confidential review of your accident case, call our Maryland boating accident lawyers at Rice Law at (410) 694-7291.
What Should I Do After a Boating Accident in Maryland?
A boating accident constitutes an extreme emergency, and you should call the U.S. Coast Guard for immediate rescue and emergency aid.
Get to Safety
If you are involved in a boating accident on the rivers of Maryland or off the coast, the first thing you must do is stop the vessel immediately and assist anyone who is in trouble. The only exception to this rule is when stopping would endanger your own vessel and its passengers.
Try to get anybody who has fallen overboard back onto the boat. If the vessel is disintegrating or sinking, climb onto floating debris and signal for help. You should always be wearing a life jacket. You should never leave the scene of a boating accident.
If the boat has a communication device, you should radio for help or use another method of signaling, like releasing a distress flare. All boats 16 feet or over must be equipped with visual distress signals, states the U.S. Coast Guard.
Seek Medical Attention
It’s important to get help as soon as possible if you have been involved in a serious boating accident with injuries or deaths, or if the situation is deteriorating. If you are helping an injured boater, you can render first aid before the U.S. Coast Guard or another first responder arrives at the scene.
Gather Information and Evidence
After checking that all people on the boat are safe, you should obtain information from other parties involved in the boating accident. You must have identification on you and give, in writing, your name, address, and identifying information of the vessel to anyone who is injured. Take the details of the other boaters. Notify the owner of any damage to the vessel.
Report the Boat Accident
Once you and all others involved are safe, you must report the accident to the appropriate authorities. If the U.S. Coast Guard is already involved, they can help you file any necessary reports with other agencies. It may be a good idea to contact local law enforcement and report the accident. If you are unsure who to contact, the U.S. Coast Guard is a good place to start for guidance.
Contact a Lawyer
When you are ready, call a lawyer to talk about how you can get fair financial compensation. Boating accidents tend to come at a steep cost, both financial and otherwise. The person, people, or entity who is responsible for the accident should be held accountable. A skilled attorney can help you claim damages in an insurance claim or lawsuit against the at-fault parties.
When Would a Written Boating Accident Report be Required?
The operator of a vessel must submit a written report to the Maryland Department of Natural Resources (MDNR) in certain scenarios. The owner of the boat may submit the report if the operator is unable to.
Boat Accidents Involving Injuries or Death
A written boating accident report is required within 48 hours when a person dies, disappears, or receives any medical treatment beyond first aid.
Accidents Involving Property Damage Only
A written report must be submitted within 10 days to the MDNR when damage to the vessel or other property is at least $2,000 or more, or if a vessel is completely lost in the accident.
Accidents Outside Maryland Involving Maryland-Registered Boats
The operator or owner must report an accident to the MDNR within 30 days when a vessel with Maryland registration is involved in any wreck on waters outside Maryland, and that accident leads to the death, disappearance, or injuries to anyone on the boat, or property damage of $2,000 or more.
This does not exempt the operator or owner from any reporting requirements in the jurisdiction where the incident took place. Some jurisdictions require boaters to report accidents with as little as $50 in damage, as in the case of Alabama. It’s important to check the requirements with the state boating authority where the nautical accident occurred.
What Type of Report Must Be Filed if there is an Accident while Boating?
After a boat accident, dealing with paperwork is an unfortunately necessary part of the legal process. If you do not know where to file reports, your attorney can help you.
Maryland Department of Natural Resources
A casualty or accident report must be submitted to the Maryland Department of Natural Resources police. Standardized report forms are available by contacting MDNR. You may be seriously injured and in no shape to make such reports. In that case, your attorney can make these reports on your behalf.
U.S. Coast Guard
Alternatively, a Recreational Boating Accident Report can be found on the website of the U.S. Coast Guard. It should be sent to the Maryland Department of Natural Resources. This is a six-page report that includes a section to describe the accident and detail the boat’s damage.
You can report an emergency, a violation, or an abandoned boat by calling 410-260-8888. Report a boating death by calling 410-576-2525. You will, however, also have to file a written report.
Again, if you are too injured to file the report or are unsure of how to, your attorney should step in to help you.
A Boating Accident Occurs. Must the Accident be Reported to the County Sheriff or Police Department?
If you have been involved in a boating accident in Maryland, you can report it to any law enforcement agency. However, it makes the most sense to report an accident to agencies with jurisdiction over the waters.
The U.S. Coast Guard has authority over many waters under U.S. government jurisdiction, and assists local law enforcement agencies with rescues.
A boating accident must be reported to the Maryland Department of Natural Resources if it meets the criteria as outlined above for reporting. There is no obligation to report it to the county sheriff.
Key Factors to Consider When Suing for a Boating Accident
When filing a lawsuit after a boating accident, you should talk to your lawyer about important factors in your case that may affect the outcome of your legal claims.
Location and Jurisdiction
First, we must consider exactly where your accident occurred. Remember, many navigable waterways in Maryland fall under maritime jurisdiction, not ordinary state law. Maritime law is a federal body of law, and you need a lawyer familiar with this field.
Negligence
How exactly did the accident happen? If another boater crashed their vessel into yours, which is not an uncommon occurrence, we must focus on proving their negligence. Alternatively, you might have been involved in an accident with a stationary object that was beneath the water’s surface. In that case, it might be trickier to determine who is responsible. If the object was part of a marina, the marina might be held liable for failing to warn boaters of the hazard.
Contributory or Comparative Negligence
We must also consider your own behavior during the accident. The defendant may claim that you did something to contribute to the accident. If they can back up those claims, you might find your damages reduced. We may need to prepare evidence demonstrating that you did nothing to contribute to the accident.
FAQs About Suing for Maryland Boating Accidents
Can I Sue for a Boating Accident in Maryland?
Yes. If you are injured in a boating accident in Maryland, you may sue the person or people you believe are responsible. Bear in mind that many boating accident cases fall under federal maritime law rather than ordinary state law. As such, you must find a lawyer who knows how to handle maritime cases.
What Kind of Lawyer Do I Need for a Boat Accident Case?
You need a lawyer who works in maritime law. Boating accidents that occur on certain navigable waters fall under federal maritime law rather than Maryland state law. For example, a boating accident on the Chesapeake Bay, a complex network of navigable waters, would fall under maritime jurisdiction.
Which Authorities Should I Call About a Boat Accident in Maryland?
Boating accidents differ from traffic accidents, and you need to contact the appropriate authorities to handle the case. Generally, boaters call the U.S. Coast Guard for emergency help. They are always prepared to rescue people in boating accidents and provide emergency aid. You may also need to report your accident to the Maryland Department of Natural Resources once you have gotten to safety.
How Do I Gather Evidence to Support a Boat Accident Case?
Gathering evidence may be difficult, especially if the boat involved in the accident sinks completely. It is a good idea to take a few photos of the accident scene while waiting for emergency responders to arrive. You should also take down the names of everyone involved in the accident so the authorities can follow up with them.
Can I File an Insurance Claim for a Boat Accident?
Yes, but Maryland does not require boaters to carry boat insurance. As such, you might be involved in an accident with someone uninsured. In that case, you may rely on your own insurance if you have any. If you are in an accident in a marina, the business that owns the marina should have insurance.
How Much Money Are Boating Accident Claims Usually Worth?
A boating accident may be worth substantial compensation, depending on your losses and injuries. Not only can you claim extensive medical bills for drowning-related injuries, but you may also claim serious damages for property damage. If the boat is totally lost, your compensation should reflect the magnitude of the loss.
Contact an Experienced Maryland Boating Injury Lawyer
If you or a loved one was hurt in a boating accident, please contact our Maryland boating accident lawyers for a free consultation at (410) 694-7291.