Who Is at Fault in a Boat Accident? How Fault Is Really Determined

What rules decide who was at fault?

On most waters where boats run, the Navigation Rules apply. They are the same rules ship captains learn. Three of them come up in almost every recreational collision:

• Rule 5, lookout: every boat must keep a proper lookout by sight and hearing at all times.
• Rule 6, safe speed: every boat must go slowly enough to stop or turn away in time for the conditions.
• Rule 8, action to avoid collision: when there is risk of collision, the boat must act early and clearly, not at the last second.

Then come the rules for specific situations: who keeps clear when two boats cross, when they meet head-on, and when one overtakes the other.

Does the boat with the right of way always win?

No. The boat that is supposed to hold its course still has to keep a lookout, and it must act once it is clear the other boat is not getting out of the way. A boater who holds course into a collision he could have avoided can share the blame.

What causes most boat accidents?

The Coast Guard's annual statistics list the same top factors year after year: operator inattention, improper lookout, operator inexperience, machinery failure, and violations of the navigation rules. Alcohol is the leading known factor in fatal accidents. Those categories also map closely onto how fault is argued in court.

Can the boat owner be at fault if someone else was driving?

Sometimes. An owner who lends a boat to someone he knows is inexperienced, impaired, or reckless can be responsible for that choice. Some states also have laws that make an owner partly responsible when someone drives with permission. A rental company can be responsible for how it screens, briefs, and supervises renters. A manufacturer can be responsible if a defect caused or worsened the accident. Ask your attorney which of these apply.

How is fault actually figured out?

Investigators and experts rebuild the accident from the evidence: where each boat was and how fast it was going, what each operator could see, what each one did and when. Phone video, GPS and phone location data, damage patterns, witness accounts, and the boats' own electronics all help. Then each operator's conduct is measured against the rules.

In admiralty cases, damages are generally divided according to each party's share of fault. State law has its own comparative fault rules. Either way, the answer is rarely all or nothing.

Questions to ask your attorney

• Does federal maritime law or state law apply where my accident happened?
• How does comparative fault work in my case?
• Could the boat owner, a rental company, or the manufacturer share responsibility?
• What evidence will show the speed and position of each boat?

Related

• Recreational Boating and Jet Ski

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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