What Happened:
A boat accident involving a 25-foot recreational fishing vessel occurred on Tangier Island. The fishing vessel reportedly hit a steel channel marker that was not lit. The collision caused serious damage and led to the death of a 37-year-old man. The individual navigating the vessel suffered a broken arm, according to delmarvanow.com.
All channel markers are owned and maintained by the U.S. Coast Guard and the article indicated that the Coast Guard was unaware that the marker involved in this tragic accident was unlit. “Apparently it has been unlit for a while, but was not reported to the Coast Guard,” said Virginia Marine Resource Commission spokesman John Bull, according to the demarvanow.com article.
The Virginia Boat Accident Injury Lawyer’s Perspective:
The family of the victim may have grounds to pursue a wrongful death claim against the individual who navigated the vessel. The Coast Guard could also be included in the litigation, though the Coast Guard would probably argue that it cannot be sued due tosovereign immunity. However, there could be an argument made that this accident falls under the auspices of the Federal Tort Claims Act.
Potentially Helpful Info:
Our firm has written a guide discussing what an individual or family member should do when a serious injury or death has occurred in connection with a boat accident in Virginia. Download the free guide here.
Have Questions? Check Out Our Firm’s FAQs:
This link is to our FAQs dealing with boating accidents in Virginia.