Boating Accident Lawyers

Key Highlights

• Injured victims of a boating accident can get help pursuing compensation from Washington state laws (or federal maritime laws) if they have a skilled boating accident lawyer by their side. 
• The high traffic from both recreational and commercial boats frequenting Washington state’s waters, combined with cold water conditions, makes the risk for injury and the severity of the injury in a boating accident likely.
• Whether a boating accident occurs within state jurisdiction or federal jurisdiction directly impacts legal strategy, liability, and the amount of compensation that will be required.
• At Russell & Hill Law Firm, we provide personal representation and local experience to all clients; there are also no upfront fees when using our services.

A Washington boating accident lawyer helps victims of boating accidents get compensation for their injuries by applying RCW 79A.60, which is Washington’s primary boating law, and federal maritime principles and the state’s pure comparative fault rules. A boat accident attorney with experience in facing claims under both state and federal laws can provide the victim with valuable assistance to correctly evaluate the case under either of the two jurisdictions.

Some of the most popular parts of Washington State, including Puget Sound, Lake Washington, the Columbia River, and Lake Union, have significant amounts of boat traffic; because of this, anything that takes place in Washington waters, from recreational boating to commercial shipping, can create a very hazardous situation. When an accident occurs on the water due to operator error, water conditions, or alcohol, the victim should seek immediate help from a qualified boating accident lawyers at Russell & Hill Law Firm we can help you recover compensation for your injuries or losses. 

Injured while boating in Washington? Call (800) 529-0842 to receive a free consultation with a boating accident lawyer near you.

Is Your Boating Accident a State or Federal Case?

The jurisdiction over your boating accident, either Washington State law or federal admiralty law, is determined by where the accident occurred. A qualified Washington boating accident attorney will be able to find out which laws govern your case and develop an appropriate legal strategy prior to an insurance company limiting your claim.

Navigable Waters (Federal Admiralty Law)

Accidents on navigable waters, like Puget Sound or Columbia River, will most likely fall under federal admiralty jurisdiction requiring a boating accident attorneys who understands maritime law and procedures thoroughly, and they have to be experienced in that space.

Non-Navigable / Inland Waters (Washington State Law)

Accidents occurring in lakes, such as Lake Stevens and Lake Washington, are usually governed by Washington State Law. A boat accident lawyer near me who has experience with boat accidents will apply RCW 79A.60 and Washington State’s Negligence standard.

Why Jurisdiction Matters

It is important to know jurisdiction because it determines which laws will be applied to your case, how liability will be established, and which procedural rules govern the determination of claims for boat accidents. All of these aspects affect the level of compensation a boat accident lawyers and boating injury attorneys are able to recover.

Common Causes of Watercraft Accidents in Washington

Operator inexperience, operator attention, alcohol consumption, as well as cold-water environment contribute to the majority of boating accidents in Washington State, as do injuries and legal complications from boating accidents, creating potential liability for a boating accidents attorney.

Cold Water Shock & Hypothermia

Washington’s bodies of water typically do not exceed 60°F and remain a factor in causing fatal outcomes for the victims represented by boating injury lawyers because of hypothermia or cold-water immersion.

• Drowning risk increases due to the sudden respiratory reflex
• Limited swimming ability due to muscle failure following cold-water immersion
• Inability to stay alive due to the rapid onset of hypothermia

Boater Education Card Violations

Boating law in Washington stipulates that individuals operating motorized boats with a horsepower of 15 or greater must possess a Boater Education Card. These breaches are used by a boating injury accident attorney representing a person injured on the water to support their case.

• Suggest a lack of training in boating safety.
• Illustrates negligence on the part of the boat operator.
• Frequent occurrences of a breach of the Boater Education Card result in rental boating accidents.

Boating Under the Influence (BUI)

Driving a boat while intoxicated continues to be one of the deadliest activities you can do on Washington’s waterways and is one of the leading causes of boating accidents handled by boating accident lawyers.

• The 0.08 blood-alcohol content (BAC) limit applies throughout the state of Washington
• Driving under the influence of alcohol is a gross misdemeanor
• Alcohol impairs both your judgement and your reaction time

Inexperienced Rental Operators

Lake Union and tourist waterways usually experience rental accidents due to operators not understanding how to navigate waterways, leading to claims handled by boat accident attorneys near me.

• Limited safety instructions were given to operators.
• Operators have an increased chance of colliding with or ejecting others from their vessel.
• Disputes regarding rental insurance happen often.

When Are You Legally Required to Report a Boat Accident in Washington?

If you are injured or die as a result of your boating accident in Washington state, you must report it to the appropriate authorities as there are laws that require reporting all boating accidents to ensure that those who were injured receive compensation to cover their medical expenses or damage to their boats or other property. Failure to report can negatively impact claims handled by boat accident lawyers near me and boating accident law firms.

• Death or disappearance of any person: If there is a death or an individual goes missing after a collision, that must also be reported immediately because it could be important evidence when your boating accident attorneys investigate the case.
• Injury requiring medical treatment beyond first aid: If you suffer from an injury that requires medical treatment beyond first aid, you should report this to the authorities as soon as possible so that this evidence can be used by your boat injury lawyer for future claims against the at-fault party.
• Property damage exceeding $2,000: If the value of the property damage exceeds $2,000, you may want to consider reporting the accident as it could be helpful later by your boat accident attorneys if you decide to seek damages against the at-fault party.
• Reporting deadlines: If there is death or serious injury, you have 48 hours to report it. If there is only property damage, you must report the accident within 10 days of the date of the accident.

How Washington’s Pure Comparative Fault Law Affects Your Claim

In Washington, injured boaters can seek financial compensation after a boating accident regardless of their own percentage of fault (pure comparative fault system). This rule is very important in cases handled by boating accidents attorneys.

For example, suppose you were 25% at fault for not wearing a life vest at the time of the accident, and another operator was 75% to blame for the accident. You would still be entitled to receive 75% of all losses in damages as a result of the accident, based upon the evidence presented to the court by a qualified boating accident lawyer near me.

Due to the uncertainty surrounding issues related to liability following a boating accident, many insurance companies take advantage of this confusion by valuing claims less than they should be valued. Therefore, having access to an experienced boat injury attorneys who has a thorough understanding of Washington’s comparative fault law will be invaluable to you.

Seeking Compensation for Boating Accident Injuries

A boat accident can lead to an injury that requires a lot of money. This is why it’s crucial to talk to a law office about filing a claim. If you’re in a boating accident, you should definitely hire a boating injury attorney. A boating injury lawyer often helps people with serious accidents to secure fair compensation.

Common Boating Accident Injuries

Boating injuries cause many long-term disabilities and claims that require extensive legal help from boating accident law firms to resolve. Here are some of the most common types of boating injuries:

• Propeller lacerations: Serious lacerations, amputations, and the need for immediate and long-term medical treatment.
• Traumatic brain injuries (TBI): Head injuries caused by being thrown or hit during a boat crash. Lifelong medical care is required for many TBI victims.
• Spinal cord injuries: Significant injuries that may result in full or partial paralysis.
• Carbon monoxide poisoning: These injuries occur when the engine exhaust is inhaled from an enclosed area or an area without proper ventilation.

Recoverable Damages

Boating accidents lawyer and boating injury lawyers that specialize in representing boat accident victims seek remedies for their clients through obtaining compensation for: 

• Medical expenses past or future
• Rehabilitation and long-term care 
• Lost wages and reduced earning capacity
• Loss of enjoyment of life

Why Injured Boaters Choose Russell & Hill Law Firm

As an eminent boating accident law firm, Russel & Hill Law Firm provides Washington injury victims with solid representation: local antecedent support, present-day advocacy and personal care.

• Local waterway experience: Our boating lawyers have a very thorough understanding of Washington in terms of recreational boating. This leads to more successful boating accident investigations conducted by our boating injury attorneys.
• Regional legal knowledge: Our extensive experience with sheriff marine units and state courts allows us to expertly handle boating accident cases through boat accident attorneys.
• Client-focused approach: At Russell & Hill Law Firm, you will always have direct access to your attorney, unlike many national firms, which will only assign you an attorney if the case progresses.
• No upfront fees: You have zero cost for services from a boat accident lawyer unless you recover compensation from your company or from your boat injury attorneys litigation.

“Boating accidents in Washington aren’t just water-based car crashes there are way more complicated. Cold waters, maritime rules, and operator inexperience can change everything in such cases. So, when we work for our clients we build their case while keeping all of these complications in mind.”
— Matthew Russell, Founding Partner at Russell & Hill Law Firm Attorney

Frequently Asked Questions About Boating Accidents

What is the first action when involved in a boating accident?

First, if you’re involved in an accident make sure that all persons on board are okay by stopping the vessel, assessing the injuries, giving first aid if medically able to, and moving to a place of safety to prevent an additional tragedy.

Does homeowners insurance cover a boating accident?

Most policies for homes will have limited coverage for small watercraft, however, for most boat accidents, there is a need to have a separate boat insurance policy as such will cover claims for injury, liability claims and large damage to property.

What is the average insurance payout for water damage?

There are no fixed dollar amounts as it will depend on factors such as the limits of the insurance policy, extent of the water damage, what was responsible for causing the damage, exclusions included in the insurance policy and whether the damage was a result of a covered boating accident.

What does boat insurance not cover?

The following things are typically not covered under this type of policy: Standard wear and tear, mechanical breakdowns, intentional damage, illegal usage and accidents that happen when operating a boat under the influence of alcohol or drugs.

What type of report must be filed if there is an accident while boating?

If an incident occurs that causes injury, loss of life, disappearance, or damage to any person’s property or the state has any reporting threshold to meet or exceed, you will need to file a Boating Accident Report with the state of Washington.

Which is not a legal reason to report a boating accident?

Minor incidents without injury, missing person, or with property damage below the legal reporting threshold don’t require a formal report of a boating accident to be filed per Washington law.

Speak With a Washington Boating Accident Lawyer Today

When a person is involved in a boating accident, obtaining relevant legal advice from a Washington boating accident lawyer can help establish their rights, as well as preserve evidence that may be useful for evidence purposes.

At Russell & Hill Law Firm, we are very familiar with the Washington State boating regulations; we know the local bodies of water well; and we also know how to deal with boat insurance companies. Our experienced boat accident lawyers who handle these cases will work hard to protect your interests in this matter.

If you would like to schedule a free consultation with an attorney, please contact us at (800) 529-0842.