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Boating & Watercraft Accidents
Connecticut's shoreline and numerous rivers, lakes and ponds offer endless opportunities for water sport enthusiasts to get out on the water and have some fun - whether it be for fishing, water skiing/wake boarding, sailing, kayaking, jet skiing, paddle boarding, canoeing or simply sightseeing, Connecticut provides plentiful opportunities for enjoying time on the water. However, our ocean, rivers, lakes and ponds can also be very dangerous and, unfortunately, accidents involving boats and other watercraft can and do happen.
As a power boater, kayak-er, windsurfer and sailor, I have spent many hours on the water and am familiar with the serious and catastrophic injuries from boating accidents that can be caused by negligent operation, an unfamiliarity with the vessel and the "rules of the road." Over the past 35 plus years, I have represented boaters and their passengers injured in maritime activities.
Boating Accidents
A boating accident is a tragic event for everyone involved. This is true whether it involves the operator of a vessel, a passenger or someone in the water like a swimmer or water skier/wake boarder. Victims of a boating accident can suffer traumatic brain injuries, broken bones, water inhalation injuries or death from drowning. If you or a loved one has suffered serious injuries in a boating accident, you need to talk with a lawyer who is familiar with boating and maritime law about your rights and options. With a successful boating accident claim, you could receive compensation for medical bills, lost wages and pain and suffering.
There are many reasons that boating accidents occur, including:
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Negligent operation: In many cases, the negligent party is either unaware of or disregards boating. State and Federal laws and boating regulations are in place to keep boaters safe, so when these rules are violated, serious accidents can and often do occur.
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Excessive speed: Reckless speeding on the water is an all too common and dangerous practice that operators engage in while boating. Excessive speed in a boat, much like an automobile increases the severity of injuries.
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Boating under the influence: Nothing is more dangerous on the water than boating while intoxicated or impaired. Alcohol and drugs impair an operator's decision-making skills. Boating while intoxicated or impaired puts everyone on or in the water in harm’s way.
Jet Skis / Personal Watercraft Craft (PWC)
Paddle Board (SUP) and Kayak Accidents
Jet skis, PWC's, SUP's and kayaks have become very popular in recent years.
Personal Watercrafts (PWC) afford people a relatively inexpensive means to enjoy the water. Unfortunately, their fast speeds, maneuverability and ability to be operated in shallow water make a PWC prone to accidents. While much like a motorcycle, they are still considered vessels under Coast Guard regulations and maritime rules apply. As such, it is important that you have a lawyer with boating experience if you have been involved in a PWC accident.
Stand up paddle (SUP) boarding has also grown in popularity. SUPs are similar to surfboards but are normally longer and wider and are propelled by either a paddler or arm power (also called prone or kneeling paddle boarding). They can either be made of a hard material such as fiberglass or they can be inflatable. Paddle boarding combines the balance elements of surfing with the paddling and rowing involved with small boats. Unfortunately SUPs do not provide a great deal of protection from larger faster vessels and therefore serious injuries can occur when they are involved in a collision with boats and PWCs.
Kayaking is also very popular on the ocean, lakes, ponds and tributaries in Connecticut. In addition to touring our beautiful river and creeks, fishing from kayaks is very popular but can be very dangerous when larger vessels fail to keep proper watch. Even when safety precautions are taken, accidents can still occur.
The Coast Guard has published some of the following tips for paddle boards but it also applies to kayakers and all small vessel operation:
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Wear a life jacket and carry a whistle.
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Be a competent swimmer.
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Know how to self rescue.
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Know how to tow another board or kayak.
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Know the local regulations and navigation rules.
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Understand the elements and hazards – winds, tidal ranges, current, terrain and the effects of water temperatures on an immersed body.
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Equip your board with a leash and use it.
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Be defensive – don’t go where you aren’t supposed to be and avoid other swimmers, boaters, paddle boards.
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Carry your phone in a waterproof housing or bag or bring a VHF radio should the need to contact help arise.
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Take a safe boating course to learn the rules of the road.
Safety measures are not always enough for paddle boarders and kayakers. Paddle boarders and kayakers must share the water with bigger vessels. Even though paddle boards and kayaks are relatively small, the Coast Guard still considers them vessels and entitled to the same rights and responsibilities as larger vessels. If another person’s negligence led to you or a loved one being injured while participating in a water sport, he or she should be held accountable.
Contacting an attorney who has experience dealing with accidents and insurance companies can help you to protect your rights. If you or a loved one is involved in a boat related accident, call the Law Offices of Michael E. Burt, LLC at (203) 468-0625.