A day on the water can change quickly when a boat collides with another vessel, strikes a fixed object, or throws a passenger overboard. Even at relatively low speeds, a boating accident can cause head injuries, broken bones, propeller wounds, or drowning deaths. Your rights afterward may depend on where the accident happened, what caused it, and who was responsible. State negligence law may apply, and accidents on navigable waters can also involve federal maritime law.
What Should You Do After a Boat Accident?
Get medical attention as soon as possible, even if your injuries seem minor at first. Shock can mask pain, and conditions like concussions or internal injuries may not show up right away.
If you can safely do so, document the scene: photos of the boats, the damage, the water and weather conditions, and any hazards involved. Get the operator’s name, contact information, vessel registration, and insurance details, along with the names of passengers and witnesses. Avoid guessing about the cause or accepting blame, and think twice before giving a recorded statement to an insurance company without talking to an attorney first.
When Must a Rhode Island Boat Accident Be Reported?
Rhode Island requires an owner or operator to report a boating accident that results in a death or disappearance, an injury requiring medical treatment beyond ordinary first aid, more than $2,000 in combined property damage, or the complete loss of a vessel.
A qualifying accident must be reported immediately to the Rhode Island Environmental Police, U.S. Coast Guard, or appropriate local authorities. The owner or operator must also submit a written Rhode Island boating accident report to the Rhode Island Environmental Police within five days. When multiple vessels are involved, the owner or operator of each vessel must file a report.
However, this report does not replace documenting your own losses. Keep copies of medical bills, repair estimates, photographs, and communications with insurers because they may help establish your injuries and damages later.
Who May Be Responsible for a Boat Accident?
Many boat accident claims rest on negligence: a boat operator traveling too fast, failing to keep a proper lookout, ignoring navigation rules, operating while impaired, or disregarding weather and water conditions. Rhode Island prohibits operating a vessel recklessly in a way that endangers another person or property. It also prohibits operating a watercraft while intoxicated, including with a blood alcohol concentration of .08% or higher.
However, the operator is not always the only party who may be responsible. Depending on the facts, a claim may also involve:
- A boat owner who allowed someone else to operate the vessel
- A rental company that provided defective equipment or failed to follow safety requirements
- A manufacturer responsible for a defective boat or component
- A commercial tour, charter, or ferry operator
- Another boater whose actions contributed to the collision
Rhode Island law may also hold a vessel owner liable for injuries caused by negligent operation when the vessel was being used with the owner’s express or implied consent. Sorting out responsibility often means examining ownership, maintenance records, operator training, witness accounts, and the vessel’s condition.
Does Federal Maritime Law Apply?
Not every boating accident is automatically governed by federal maritime law. It often depends on whether the accident happened on navigable waters and whether the activity had enough connection to traditional maritime activity. This distinction matters because maritime law can affect the legal standards, defenses, deadlines, and compensation involved. A case on Narragansett Bay, for example, may raise different questions than one on a small inland pond.
Depending on the law that applies, an injured person may be able to seek compensation for medical expenses, lost income, diminished earning capacity, pain and suffering, disability, and other accident-related losses.
Do Not Assume You Have Plenty of Time
Rhode Island generally allows three years to file a personal injury lawsuit, and federal law sets a similar three-year limit for many maritime injury claims. However, shorter notice periods or contractual deadlines can apply in some cases, particularly when a government entity or commercial vessel is involved.
Evidence can also disappear well before any deadline arrives, as boats get repaired, electronic data gets overwritten, and witnesses’ memories fade.
Talk to Corrao & Robles About Your Rhode Island Boat Accident
Boating accident cases rarely come with a simple answer. State law, federal maritime law, or sometimes both may apply, and more than one party may have played a role in what happened. Corrao & Robles can sort through these details, determine which rules apply to your situation, and walk you through your options.
If you were hurt in a Rhode Island boating accident, reach out today. Let’s talk about what happened and what comes next.
