Boating Accidents Lawyer | Ski Boat Accident Lawyer | Fishing Boat Accident Attorney | Lake Boat Accidents

According to an official count, Ohio has 424,700 registered boats, ranking it 9th in the country. Every year thousands of Wilmington and Clinton County citizens plan a trip to go boating or swimming with their friends on one of the many lakes and rivers in Ohio. Most of the time, their trip creates life long memories. Unfortunately, not every trip to the lakes around Wilmington ends happily. If you or a loved one have been injured in a boating accident, contact a boating accident attorney immediately because you only have two years from the date of injury to file your claim. A Wilmington boat accident lawyer will look out for your interests and provide you with advice on the best course of action.

What are the common causes of boating accidents?

1. No Brakes

Unlike cars, boats and jet skis do not have brakes. Once they are in motion they can only maneuver to avoid an accident. Though some boats have an option to reverse causing a lesser speed at impact, the accident still occurs. Often though, by the time the people involved in the accident realize what is about to happen it is too late to prevent it. 

2. Alcohol and/or Drugs

One of the largest factors in boating accidents is alcohol. It is well documented that a person’s reaction time is hindered when under the influence of alcohol. According to BOAT US, in fact, alcohol plays a role in 50% of all boating accidents. In Ohio, laws similar to those governing drinking and driving apply to incidences of drinking and boating. Ohio Boating Law 1547.11 prohibits the operation of a boat with a blood alcohol content above .08% or while intoxicated or under the influence of drugs. The State of Ohio will not tolerate drunk or reckless boating, and many harsh penalties are available in such cases.

3. Alcohol & Sun Exposure

In addition to drinking, many boaters fail to take into account that they will be out in the sun all day. As a result, they are more likely to become drunk from less alcohol due to the dehydration from the sun. The best way to ensure a safe boating experience is to have the person driving the boat not drink alcohol. Boating and drinking do not mix!

4. Weather

Another common cause of boating accidents is the weather. While Ohio generally has ideal, sunny weather, when you are out on the water a small storm can easily lead to tragedy. The combination of high winds, rain water, and swells of the waves or wake from other vessels can easily lead to boats colliding or turning over. It takes an experienced boater to be able to weather a storm in a boat. In addition to storms, the sun reflecting off of the water leads to increased chances of boaters to suffer from heat stroke and heat exhaustion. When suffering from heat stroke or exhaustion a common symptom is to faint and if the boater is boating alone then while he is unconscious there is an unmanned vessel on the water. Obviously, this can lead to serious injury.

5. Inexperienced Boaters

Finally, the most common cause of boat accidents are inexperienced boaters being put into dangerous and unfamiliar situations. Similar to the road, the waterways have rules that govern how boats are supposed to interact when passing one another. When one person fails to know these rules it can easily lead to boating accidents. To learn these rules, every boater should take a boater safety course. In fact, Ohio law requires many boaters to take such a course:

No person born on or after January 1, 1982, shall operate on the waters in this state a powercraft powered by more than ten horsepower, unless the operator successfully has completed either a safe boater course approved by the national association of state boating law administrators or a proctored or nonproctored proficiency examination that tests knowledge of information included in the curriculum of such a course, and has received a certificate as evidence of successful completion of the course or examination.

Furthermore, persons under 16 years old may not operate a boat in Ohio waters unless they are monitored by an adult who has completed such a course or was born before January 1, 1982.

 Click here to learn about official Ohio Boating Safety Classes

There is no excuse for a person that plans to man a watercraft not to take a boater safety course. Some of the courses only charge if you successfully complete the course. On top of that, the course will likely pay for itself because, after certification, you can talk to your boat insurance company about lowering your boat insurance premiums.

Principles of Safe Boating:

1. Wearing life jackets save lives.
2. Designate a driver. Sober boating saves lives.
3. Boater Education saves lives.
4. Safe boats save lives.

Who is responsible and what can I recover if I hire a Wilmington Boat Injury Lawyer?

Typically the person who caused your injury is who your Wilmington Boat Accident lawyer will sue to make you whole. Under Ohio law, a person is responsible for your injury if they acted negligently. It is important to contact a Wilmington boat accident attorney or Clinton County boat injury lawyer because, depending on the facts of your boating injury, you may be able to sue other parties in addition to the person who was driving the boat.

If you have suffered an injury due to another person’s negligent boating, your Wilmington boat accident lawyer can recover for the following damages from the negligent boat owner or operator:

1. Medical bills and/or funeral costs
2. Cost of any therapy
3. Cost of long-term care
4. Property damage
5. Loss of income
6. Pain and suffering

Call a Wilmington Lake Boat Injury Lawyer or Wilmington Fishing Injury Attorney Today

Many boating accidents occur at night when people are coming in after fishing all day. Unfortunately, many times they do not want to end their fun, and they stay out on the water well past dark, creating a more dangerous boating situation. Too many times, small fishing boats are not equipped with running lights or radar, causing collisions between boats. Injuries sustained in these collisions can be very dangerous and can sometimes also result in a drowning. This is especially true because people dislike wearing life preservers, or personal flotation devices (PFDs), and if you are knocked unconscious, this can easily cause you to drown. If you have suffered an injury as a result of another boater’s failure to properly follow the rules and regulations required by Ohio law, contact a Wilmington boat accident law firm.

Duck Boat Injury Lawyer

If you are a duck hunting enthusiast, then there is nothing better than getting in your duck boat and taking it out for a hunting trip. As a duck hunter, you know that the sport presents numerous risks for injury, ranging from gun misfires to accidental shootings. In addition to the regular dangers of hunting, duck hunting adds to the equation a large list of boating dangers, such as running the boat aground and boat collisions. If you have to utilize a boat to get to a blind and someone is injured in the boat due to the driver’s negligence of the, contact a Wilmington duck boating incident lawyer today.

What do I do if I am involved in a boating accident or witness an accident?

If you have been in an Ohio boating accident, you must stop and provide whatever assistance is necessary to the victims of the accident. This duty, however, does not require you to provide assistance that will place your boat or its passengers in danger. Furthermore, anyone who assists those injured in such an accident will not be legally responsible for any accidental damages caused.

1547.59 Vessel accident reports; limited immunity from liability for assisting at scene of casualty

The operator of a vessel involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to the operator's own vessel, crew, and passengers, shall render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty.

The operator also shall give the operator's name, address, and identification of the operator's vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.After a boating accident, you should also give the other party some basic information that will help in any later dealings. This information should be given to any individuals injured in the accident, the boat owner, and the owner of any property damaged in the accident, and should include, at the least:

1. Your name
2. Your address
3. Your Certificate number

Also, you should always report any significant accident to the Ohio Division of Watercraft:

1547.59 Vessel accident reports; limited immunity from liability for assisting at scene of casualty

In the case of collision, accident, or other casualty involving a vessel, the operator thereof, if the collision, accident, or other casualty results in loss of life, personal injury requiring medical treatment beyond first aid, or damage to property in excess of five hundred dollars, shall file with the chief of the division of watercraft a full description of the collision, accident, or other casualty on a form prescribed by the chief. The report so filed shall be used for statistical purposes only and shall not be admissible for any purpose in any civil, criminal, or administrative action at law.

If you have to report a boating accident please contact a boating accident lawyer to assist you in preparing the forms that Ohio law requires you to fill out to ensure that your interests are protected.

Does Ohio law require me to have any specific equipment on my boat?

Fire Extinguishers

In Ohio, outboard motorboats less than 26 feet long of open construction and not carrying passengers for hire, are not required to carry fire extinguishers. Ohio Law specifies further detail for which types of fire extinguishers are acceptable and when they are necessary.

Lifesaving Devices - Personal Flotation Devices (PFDs)

PFDs must be U.S. Coast Guard approved, in serviceable condition, readily accessible, and of the proper size for each person on the boat. Children under 10 years old in any vessel under 18 feet long must wear a U.S. Coast Guard approved PFD while underway. Vessels 16 feet and longer, except for canoes and kayaks, must be equipped with a particular type of PFD for each person on board. Specific rules and restrictions apply to the use of inflatable PFDs. For a full explanation, please consult the Ohio Boating Laws.

Flame Arresters (Backfire Flame Control)

Gasoline engines installed in a vessel after April 25, 1940, with the exception of outboard motors, must be equipped with an acceptable means of backfire flame control. The flame control device must be properly attached to the air intake with a flame-tight connec­tion. Additionally, the device must be U.S. Coast Guard approved or comply with SAE J­1928 or UL 1111 standards and marked accordingly (1547.28 Backfire flame arrestor).

Exhaust Water Manifold; Muffler

All motorboats in Ohio must be equipped with an exhaust water manifold or a factory ­type muffler installed on the engine. (1547.31 Exhaust muffler required).

Click here for a full explanation of Ohio Safety Requirements for Vessels.

Some of Ohio’s Many Water Bodies

Personal Injury Lawyers Serve Wilmington and Surrounding Cities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

Contact a Wilmington Recreational Boating Accident Lawyer today for a free initial consultation regarding your boat or jet ski accident.