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To recover damages for your injuries, you must prove that the other operator was negligent in causing your accident.

Boating negligence often involves these and other actions:

  • Distracted or inattentive operation
  • Alcohol or drug use
  • Excessive speed
  • Failure to operate a boat based on weather and water conditions
  • Hitting you while you are swimming or in the water
  • Crossing another boat’s wake
  • Failure to control a boat after hitting a wave or a submerged object

If you sustained injuries, your accident is reportable. The appropriate authorities investigate all reportable accidents. While the report will document the facts about what happened, a boating liability insurer has the final call as to paying you or not. Insurers conduct their own investigations and make their own decisions about liability.