You were out on the water with friends, family, or other passengers, relying on someone else to operate the boat safely.
Then the trip changed in an instant.
Maybe another vessel collided with your boat on Lake Erie. Maybe the operator approached a dock too quickly, made a sudden turn that threw you against the side of the boat, struck an object in the water, or lost control.
Now you are dealing with injuries, medical appointments, missed work, and an important question: If you were a passenger rather than the person operating the boat, who can be responsible for what happened?
The answer depends on how the boat crash occurred. The person operating the boat is an obvious place to start, but that is not always where the investigation ends. Depending on the circumstances, the boat’s owner, another vessel operator, or a rental business can also become part of determining who was responsible.
What If the Boat Operator Caused the Crash?
Pennsylvania law prohibits negligent and reckless operation of a watercraft. For you as a passenger, the important question is what the operator was doing before the crash and whether that conduct contributed to what happened.
Was the operator traveling too fast for the conditions? Were they watching for other boats, swimmers, docks, or obstacles? Did they turn sharply, follow another vessel too closely, or approach a dock without enough time to stop? Did they ignore poor visibility, rough water, or changing weather?
The investigation can also examine whether the operator was impaired. Pennsylvania prohibits operating or being in actual physical control of the movement of a watercraft while impaired by alcohol or certain drugs. For adult operators, the law also prohibits operation with a blood or breath alcohol concentration of at least .08%.
A boating crash does not prove that the operator acted negligently, and alcohol should not be assumed simply because people were spending a recreational day on the water. The evidence has to show what happened and whether the operator's conduct contributed to the passenger's injuries.
What If the Person Driving the Boat Was Not the Owner?
This distinction can be especially important in Pennsylvania.
You might have been riding on a friend’s boat while someone else was operating it, or the person at the controls might have borrowed the vessel from a family member.
Pennsylvania’s Fish and Boat Code specifically addresses this situation. An owner who causes or knowingly permits another person to operate the watercraft can be jointly and severally liable with the operator for damages arising from its operation.
In practical terms, that means the boat’s owner can also bear legal responsibility even though someone else was operating it. The statute also addresses a person who leases or furnishes a watercraft to someone else.
Because of that rule, identifying who owned the boat, who was operating it, and how the operator came to be using it is more than a background detail. Those facts can help determine which parties and insurance coverage need to be examined after your injury.
What If Another Boat Caused the Crash?
The person operating the boat you were riding in is not necessarily the one who caused the collision.
Another vessel might cross into its path, fail to yield, approach at an unsafe speed, or collide with it because the other operator was not keeping a proper lookout.
Other crashes are less clear. Each operator may have a different account of who had the right of way, how fast the boats were moving, or which vessel changed course before impact.
That is where evidence becomes critical.
Photos and video, witness accounts, vessel damage, available GPS or electronic information, law-enforcement records, weather and water conditions, and the location of the vessels can help establish what happened rather than leaving the claim dependent on competing versions of events.
In some cases, the evidence can also show that responsibility is not limited to one operator.
What If You Were Injured on a Rental Boat?
If the boat was rented, the investigation can involve more than the actions of the person operating it.
Pennsylvania law specifically addresses watercraft that are leased or furnished to another person. Under the Fish and Boat Code, a person who leases or furnishes a watercraft can be jointly and severally liable with the person operating it for damages arising from its operation.
Pennsylvania also regulates boat rental businesses, sometimes called liveries. Fish and Boat Commission rules address matters such as rental records, safety equipment, accident reporting, and required safety orientations. Rental businesses must also comply with requirements governing the boats they provide and, when applicable, boating-safety instruction for renters.
That makes it important to identify the rental business, review the rental agreement, and determine how the boat was provided and operated.
The condition of the vessel can matter as well. If the steering stopped responding, required safety equipment was missing, or another mechanical problem contributed to the accident, the investigation can include what failed, why it failed, and whether the condition of the boat played a role in your injuries.
What Evidence Should Be Preserved After a Boat Crash?
One difficulty with boating accidents is how quickly the scene can change.
Boats are removed from the water. Damage gets repaired. Passengers leave. Weather and water conditions change. Photos or videos can be deleted, and memories of where each vessel was located before the collision can become less precise.
If your condition allows it, preserve the information that is already available to you. That can include:
- Photographs or video showing the vessels, visible damage, injuries, and accident location.
- Names and contact information for passengers and other witnesses.
- Registration numbers or other identifying information for the boats, owners, and operators.
- Medical records and discharge instructions related to your injuries.
- Photographs showing how your injuries developed after the accident.
- Text messages, emails, or other communications about the trip or crash.
- Records showing missed work and other financial losses connected to the injury.
Other evidence may need to be identified and obtained through the investigation. Depending on what happened, that could include available GPS or electronic vessel data, rental records, maintenance records, law-enforcement information, or video captured by another passenger, marina, dock, or nearby property.
Pennsylvania also requires certain boating accidents to be reported under Pennsylvania’s boating accident rules.
If a person dies or disappears from a boat as a result of an occurrence involving the boat or its equipment, the operator must notify the Commission without delay. If the operator cannot give that notice, people onboard have responsibilities under Pennsylvania’s reporting rules to make sure the Commission is notified.
A separate written accident report is generally due within 48 hours if a person dies within 24 hours of the occurrence, is injured and requires medical treatment beyond first aid, or disappears from the vessel.
If the accident involves aggregate damage to vessels and other property totaling $2,000 or more, or the complete loss of a vessel, the written report is generally due within 10 days unless an earlier reporting deadline applies. If the operator is unable to submit the required written report, the owner must do so.
Those requirements are separate from the practical steps you can take after an injury to preserve photographs, contact information, medical records, and other evidence already in your possession. Preserving this information can also help establish the facts that matter in a personal injury claim.
What If Someone Claims You Were Partly Responsible?
Being a passenger does not automatically eliminate every dispute over fault.
An insurer or another party could argue, for example, that you ignored an instruction to remain seated, moved into an unsafe part of the boat while it was underway, or otherwise contributed to how the injury occurred. An allegation like that does not make you responsible simply because someone raises it. Whether you actually share fault depends on what happened and what the evidence shows.
When Pennsylvania negligence law governs, the state’s comparative-negligence rule generally allows an injured person to recover when their negligence was not greater than the causal negligence of the defendant or defendants from whom recovery is sought. Any recovery is reduced according to the percentage of negligence attributed to the injured person.
Boating accidents can present an additional complication because federal maritime law can apply on certain navigable waters. That can change which legal rules govern the claim, making the location of the accident particularly important.
Why Can the Location of the Accident Matter?
Western Pennsylvania includes very different boating environments.
A crash on Lake Erie can raise different legal and jurisdictional questions from an accident on a smaller inland lake. Because the Allegheny, Monongahela, and Ohio Rivers are navigable waterways, some accidents there can also raise questions under federal maritime law, depending on the circumstances.
Where the accident happened can affect which agencies investigate, which records are available, and which legal rules need to be considered. That is why the body of water is more than a geographic detail when evaluating a boating injury.
If you were simply along for the ride, those distinctions are unlikely to be obvious immediately after an accident. They can nevertheless become important when determining who was responsible and what legal options are available.
Injured as a Passenger on a Boat in Western Pennsylvania?
If you were a passenger, you may know that you were not the person making decisions about speed, navigation, or how the boat was operated. What can be much harder to determine is whose conduct caused the crash and which legal rules apply.
Determining responsibility can require looking beyond the person who was steering and examining how the crash happened as a whole.
At Dallas W. Hartman P.C., we represent people injured in boating and other serious accidents throughout Western Pennsylvania. We can investigate how the crash happened, identify the people and insurance coverage involved, work to preserve important evidence, and explain the legal options available based on the facts of your situation.
If you were injured while someone else was operating the boat, contact Dallas W. Hartman P.C. to discuss what happened and learn more about the options that may be available to you.
Disclaimer: Results may vary depending on your particular facts and legal circumstances. The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.