What to Do After a Boating Accident: A Captain's Step-by-Step Guide

What should you do in the first ten minutes?

Stop the boat and get control of the situation. Turn off the engine if anyone is in the water near the stern, because a turning propeller is the most dangerous thing on the scene. Count heads. In a collision or a capsizing, people end up in the water fast, and in the confusion it is easy to miss someone.

Get life jackets on everyone who is not already wearing one. If the boat is taking on water or there is fire or fuel in the water, move people away from it.

Call for help. On the water, that means VHF channel 16 or 911 by phone. Give your position as precisely as you can: a landmark, a channel marker, or the coordinates from a phone map.

What does the law require of the operators?

Under federal law, the operator of a boat involved in an accident must help anyone affected, as far as he can do so without seriously endangering his own boat or passengers, and must give his name, address, and boat identification to anyone injured and to the owner of any damaged property. Leaving the scene without doing that is a serious matter.

Exchange information with the other operator: names, phone numbers, the boat's registration number, the owner's name if different, and insurance information if they have it.

Do you have to report the accident?

Usually, yes. Federal rules require a report to the state boating authority within 48 hours when someone dies within 24 hours, disappears, or is injured badly enough to need medical treatment beyond first aid, and within 10 days for other deaths or for property damage above a set dollar amount. Many states set a lower damage threshold. California, for example, uses $500. Law enforcement may also take its own report at the scene.

What evidence should you collect?

This is where most people lose ground, because they are shaken and the scene clears fast. Before you leave the water, or as soon as you are ashore:

• Photograph both boats, the damage, the scene, the weather, and any injuries.
• Get the names and phone numbers of everyone who saw it, including people on other boats and on shore.
• Save every video, including clips other people took. Ask them to send copies now.
• Write down what happened while you remember it: times, speeds, directions, what was said.
• Keep your phone's location history on. It may show your track and speed.
• Note the names of the officers who responded and any report number.

The post on preserving evidence after a boat accident has a full checklist you can print and give to your attorney.

Why see a doctor if you feel fine?

Some injuries are not obvious right away, especially while adrenaline is running. Let a doctor decide what is serious. Medical records made soon after the accident also become the clearest record of your injuries.

What should you avoid saying?

It is natural to apologize or speculate about what went wrong. Statements made at the scene or to an insurance company can be repeated later, out of context. Ask your attorney before you give a recorded statement or post about the accident online.

Questions to ask your attorney

• Does federal maritime law or state law apply to my accident?
• Should I give a statement to the other boater's insurance company?
• Which evidence should we ask for before it is lost (video from the marina, phone data, the other boat's electronics)?
• What deadlines apply to my claim?

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About the author

Captain Mitchell S. Stoller is a Master Mariner Unlimited, former Exxon tanker master, and former Los Angeles Harbor pilot. About Captain Stoller