As the owner of a boat it is your responsibility to obey all the rules of the water and in the case of an accident, you are responsible for ensuring the proper reports are filed. This is particularly important if other people or other watercrafts are involved. It is important that you do keep yourself calm and protect your interest during and after a boat accident, as well.
Types of Accidents
Boat accidents can range from the minor to the major. Any boat accident is an accident that should be taken seriously, though. Minor accidents can be worse than they seem at first glance. Of course, major boat accidents are an obvious problem. They include capsizing, collisions and sinking. Accidents may involve other boaters or other watercraft. In any case where you are not the only party involved in the accident you will have more to deal with than in an accident that only involves you.
Reporting an Accident
There are strict laws regarding the reporting of boat accidents. Law vary from state to state, but in general you are required to file a report with officials if you have been in an accident where someone was hurt or fatally injured, if damage is done to another watercraft or if someone on a watercraft has disappeared.
There is also a time limit for filing your report. If a person has died or is injured, the report must be filed within 48 hours. If only damage to another watercraft or property has occurred then it must be filed within 10 days. When filing the report it is the responsibility of the boat operator to fill out the report unless they are not capable of doing so due to injury, in which case it is the responsibility of the boat owner. The forms may be obtained through the State Boating Law Administrator.
The report is used to help develop safety regulations and manufacturing standards. It is used for safety education and developing boat safety initiatives.
Legal Issues of an Accident
While you are required to file a report as soon as possible, you should still keep your legal rights in mind. Just as with any other legal situation you have the right to speak with an attorney. You should always consult with an attorney before making any statement, written or oral. Anything that you say to an authority could be used against you. It could also be used by insurance companies to hold up a settlement.
When the accident occurs you can tell authorities the minimum necessary information. You should tell anyone else that you have no comment. Once you speak with your attorney you can file the report and make official statements. This will allow you to keep your interests in mind and possibly protect you from costly legal action.
Boat accidents are always serious. Knowing your rights and knowing the regulations can be a great help if you ever do have a boat accident. It is important to always stay calm and in control during an accident and after.
Disclaimer: This articles discusses general principles. For specific legal principles applicable to your state or county always consult a local lawyer who is experienced in boating law.
Author Resource:
Rex Bush is founder of Bush Law Firm near Salt Lake City, Utah where he handles personal injury cases in Utah and throughout the United States. For more information on personal injury issues visit his website: http://www.utah-personal-injury-attorney.com
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