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Maritime Injuries / Boating Accidents

Washington Boating Accident Lawyers Make Wrongs Right When Negligent Boat Operation Causes Harm

The natural beauty of Puget Sound entices recreational boaters from all over the world to visit. That makes for busy waterways and the potential for serious accidents when boat operators fail to exercise reasonable care. Since 1959, personal injury attorneys at Rush, Hannula, Harkins & Kyler PLLC have asserted the rights of injured boat operators and passengers to seek compensation for their losses.

Boating accidents can result in property damage, serious bodily injuries, and wrongful death. If you or a loved one has been injured because of another person’s negligence, our trial lawyers can investigate the circumstances of the accident and help you understand your legal options.

What to Do After a Boat Accident

If you’re involved in a boat accident in Washington, knowing what to do is crucial for your safety and for protecting important evidence.

Ensure Safety and Seek Medical Attention: Your priority should be the safety of everyone involved. Seek immediate medical care if anyone is injured.

Report the Accident: Washington requires certain boating accidents to be reported. A boating accident report is generally required when a person dies, a person is injured and requires medical treatment beyond first aid, property damage totals $2,000 or more, a vessel is a complete loss, or a person disappears from a vessel under circumstances indicating death or injury.

For qualifying accidents, the report must generally be submitted within 48 hours when a person dies within 24 hours, when someone requires medical treatment beyond first aid, or when someone disappears from a vessel. Other required reports generally must be submitted within 10 days.

Collect Information: Gather information about the accident, including vessel registration numbers, information for the vessel owners and operators, witness contact information, and photographs of the accident scene and surrounding conditions. Washington’s boating accident report requirements specifically call for information concerning the vessels, operators, location, date and time, weather, water conditions, and other accident details.

Avoid Admitting Fault or Discussing the Accident: Avoid making statements about who was responsible for the accident before you have had an opportunity to understand the circumstances and obtain appropriate legal advice.

Preserve Evidence: Preserve photographs, medical records, accident reports, witness information, insurance documents, and other evidence relating to the accident.

Contact a Boating Accident Attorney: The sooner you reach out to an experienced attorney, the sooner the circumstances of the accident can be investigated and relevant evidence identified.

Why You Need a Washington Boating Accident Lawyer

Boating accidents can be complex and may involve multiple parties. Depending on the circumstances, a boating accident may involve Washington boating regulations, maritime law, insurance issues, product liability, or other areas of law.

A skilled boating accident attorney can help investigate the accident, identify potentially responsible parties, evaluate available insurance coverage, and pursue appropriate compensation.

RHHK’s Boat Accident Lawyers Can Help With:

  • Investigating the cause of the boat accident
  • Identifying potentially liable parties, including other boat operators, rental companies, or manufacturers of defective equipment
  • Evaluating applicable Washington boating regulations and other potentially relevant laws
  • Investigating insurance coverage and insurance claims
  • Gathering accident reports, witness statements, photographs, medical records, and other evidence
  • Evaluating claims for medical expenses, lost income, pain and suffering, property damage, and other legally recoverable losses

We recommend starting with a free initial consultation to get your case evaluated at no upfront cost to you.

Washington Boat Operators Must Follow Safety Regulations

Washington has laws and regulations governing many aspects of boating, including vessel operation, safety equipment, operator conduct, and boating accident reporting.

When a boat operator violates applicable safety requirements and that violation contributes to an accident, the circumstances may be relevant to determining liability.

Depending on the facts, boating accident investigations may involve:

  • Operator age and education
  • Safe navigation
  • Vessel capacity
  • Required safety equipment
  • Proper fueling
  • Vessel launching
  • Recreational activities on the water
  • Rental vessel safety
  • Operator impairment
  • Vessel maintenance
  • Weather and water conditions

Rush, Hannula, Harkins & Kyler PLLC thoroughly investigates boat accidents to determine what caused the accident and whether another party may be legally responsible.

What Are the Major Causes of Boat Accidents in Washington State?

Boating accidents can have many causes, including negligent operation, unsafe conditions, equipment problems, and environmental factors.

Potential contributing factors include:

  • Operator inattention
  • Improper lookout
  • Operator inexperience
  • Excessive speed
  • Alcohol or drug use
  • Mechanical failures
  • Defective products
  • Weather and water conditions
  • Lack of appropriate safety equipment

Washington law prohibits operating a vessel in a reckless manner and prohibits operating a vessel while under the influence of intoxicating liquor, cannabis, or drugs.

Alcohol or drug impairment can therefore be an important issue when investigating a boating accident.

Boating Under the Influence in Washington

Washington law makes it unlawful to operate a vessel while under the influence of intoxicating liquor, cannabis, or any drug. Under the statute, a person may be considered under the influence based on specified alcohol or THC concentrations or because the person is otherwise under the influence or affected by intoxicating liquor, cannabis, or drugs.

If you suspect that a boat operator’s alcohol or drug use played a role in your boating accident, make sure you communicate those concerns to law enforcement when reporting the accident.

Evidence concerning impairment may be important when determining how the accident occurred and whether the operator may be responsible for resulting injuries.

Your Rights to Compensation After a Washington Boat Accident

Boating accidents can result in serious injuries, including broken bones, spinal cord injuries, head trauma, and other catastrophic injuries. Victims may also face medical expenses, lost income, property damage, and other losses.

Depending on the circumstances of the case, victims may be able to seek compensation for:

  • Medical bills and future medical expenses
  • Lost income and loss of earning capacity
  • Pain and suffering
  • Property damage to the boat or personal belongings
  • Emotional distress
  • Loss of enjoyment of life
  • Other legally recoverable damages

The types and amount of damages available depend on the specific facts and applicable law. Our attorneys can evaluate the circumstances of your accident and help determine what claims may be available.

Who May Be Liable for a Boating Accident?

The person operating the boat may be responsible when negligent or unlawful operation causes an accident. However, the operator is not necessarily the only party whose conduct should be investigated.

Depending on the circumstances, potentially responsible parties may include:

Boat Operators: A negligent, reckless, distracted, inexperienced, or impaired operator may be responsible for causing an accident.

Boat Owners: In some circumstances, issues involving ownership, maintenance, or permission to operate a vessel may be relevant to a claim.

Boat Rental Companies: A rental company may face potential liability depending on the circumstances surrounding the rental, vessel condition, safety equipment, or other conduct.

Manufacturers: Defective vessels, engines, safety equipment, or other products may create potential product liability claims.

Other Responsible Parties: Depending on the circumstances, additional parties may need to be investigated.

Determining liability requires a fact-specific investigation into what happened before, during, and after the accident.

Common Boating Accident Injuries

Boating accidents can cause severe injuries because passengers and operators can be thrown from vessels, struck by equipment or other vessels, or exposed to dangerous conditions in the water.

Common injuries may include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones and fractures
  • Neck and back injuries
  • Internal injuries
  • Lacerations
  • Drowning or near-drowning injuries
  • Serious psychological injuries

If you have suffered a traumatic brain injury, you can learn more about brain injuries.

For spinal cord injuries, see our information about spinal injuries.

Wrongful Death After a Boating Accident

Some boating accidents result in fatal injuries or drowning. When a loved one dies because of another person’s negligence, surviving family members may have legal rights that should be evaluated promptly.

RHHK represents families dealing with the consequences of fatal accidents and wrongful death claims.

A boating accident involving a fatality also triggers specific reporting requirements under Washington law.

Preserving Evidence After a Boating Accident

Evidence can be critical to determining what caused a boating accident and who may be responsible.

Important evidence may include:

  • Photographs and videos of the accident scene
  • Vessel registration information
  • Vessel damage
  • Witness statements
  • Accident reports
  • Medical records
  • Insurance information
  • Weather and water conditions
  • Vessel maintenance records
  • Safety equipment
  • Communications and other records
  • Information concerning the operators involved

Washington’s boating accident reporting requirements specifically contemplate collecting information about vessels, operators, accident location, weather and water conditions, and other circumstances surrounding the accident.

Preserving this information promptly can help your attorney investigate the accident while evidence and witness recollections are still available.

Washington Boating Accident Claims and Deadlines

Washington’s general statute of limitations provides a three-year period for an action for injury to the person or rights of another, subject to exceptions and other potentially applicable rules.

Boating accidents can also involve issues that require determining whether state law, federal maritime law, or another legal framework applies. Because the deadline and legal requirements applicable to a particular claim can depend on the circumstances, injured individuals should have their case evaluated promptly.

Contact Our Seattle and Tacoma Boating Accident Attorneys

The seasoned trial attorneys at Rush, Hannula, Harkins & Kyler PLLC have the experience and resources to investigate boating accident claims.

If you or your loved one has been harmed in an accident in Puget Sound or Washington waters, we can evaluate your case and help you understand your legal options.

Call us at 253-683-8022 or contact our office online to request a free consultation.

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It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.

 

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What is the statute of limitations in Washington for personal injury?

A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.

 

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The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.

 

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At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.

 

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  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher is an outstanding lawyer. He’s knowledgeable, responsive, and kept me informed at all times. I would definitely recommend him to anyone in need of a good attorney.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • Mike Fisher is an example of a quality attorney who sets high standards in servicing his clients in the highest regard as an attorney and he is part of a great firm.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
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