Boating Accident Lawyer Virginia Beach
As the seasons change and the weather warms up, Virginians often flock to the state’s beautiful waterways—be it the James River, Lake Anna, or the Chesapeake Bay—to enjoy boating, jet skiing, and water skiing.
Unfortunately, increasing vehicles on the water means a corresponding increase in the risk of accidents. If you or a loved one has been injured in a boating or jet skiing accident, you may wonder: Can I file a personal injury claim?
The answer depends on several factors, including how the accident happened, who was at fault, and what laws apply.
At Shapiro, Washburn, & Sharp, we help accident victims across Virginia understand their legal options and pursue compensation when someone else’s negligence causes a boating accident. Below, we explain what you need to know and what steps to take to protect your rights.
Call our Virginia Beach & Norfolk boat accident attorneys at 833-997-1774 for a free consultation. We understand the intricacies of boating law and will help maximize your chances of receiving the compensation you deserve.
How Common Are Boating Accidents?
According to the U.S. Coast Guard’s 2023 Recreational Boating Statistics report, there were 3,844 boating accidents across the country that year, resulting in 564 deaths and 2,126 injuries.
In Virginia specifically, there were 89 recreational boating incidents in 2024, according to the Virginia Department of Wildlife Resources (DWR). These accidents caused 17 deaths and 46 injuries.
Despite efforts to improve boater education and safety compliance, alcohol use, operator inexperience, and excessive speed still contribute to boating accidents.
Common Types of Boating Accidents
Though boating accidents may involve different types of watercraft and have many causes, the most common types of accidents are listed below.
Collisions with Other Boats
Usually, in these cases, the boating operator wasn’t paying attention, failed to yield, was under the influence of alcohol or drugs, or was speeding.
Collisions with Fixed Objects
Boats may collide with docks, rocks, channel markers, or unseen, submerged hazards.
Capsizing or Swamping
When a vessel takes on water or turns over, it’s usually because of improper weight distribution or bad weather conditions.
Falls Overboard
Someone on the boat may fall over into the water, which can sometimes lead to drowning, particularly if the person isn’t wearing a life jacket.
Injuries from Tow Sports
These include water skiing, tubing, and wakeboarding. Because of the speed involved and the exposure to water impact, these injuries may include concussions, traumatic brain injuries (TBIs), spine injuries, arm fractures and joint injuries, and hypothermia.
Jet Ski or Personal Watercraft Crashes
These typically occur because the operators go too fast or lack the experience to keep their crafts under control.
Propeller Strikes
If the boat operator doesn’t turn off the engine when someone is near the back of the boat, the propellers could harm that person.
In most of these accidents, injuries could have been prevented if one or more of the parties had followed boating laws or exercised proper care and caution.
What Does Virginia Law Say About Boating Accidents?
Several state laws may apply if you’re injured in a boating accident in Virginia.
First, there are the reporting requirements. Virginia law requires boat operators to file an official boating accident report with the DWR if any of the following apply:
- A person is killed or injured and requires medical attention beyond first aid.
- A person disappears under circumstances indicating possible injury or death.
- Property damage totals $2,000 or more, or the vessel is lost.
Operators have 48 hours to report an incident if there was a serious injury or death, and 10 days to report an incident that included property damage only.
As with car accidents, boat operators involved in a crash have a legal duty to stop and assist any injured parties and must provide their information to the other parties involved.
Can I File a Claim for a Boating Accident Injury?
If you or a loved one was injured in a boating accident because of someone else’s negligence, you may be entitled to file a personal injury claim.
Call your boating injury attorney to find out. In general, you may have a valid case if:
- The other party was under the influence of alcohol or drugs.
- The other party was operating their boat recklessly—speeding, avoiding no-wake zones, or being distracted.
- The boat operator failed to follow navigation rules or safety regulations.
- The other craft was defective or poorly maintained.
As in a car accident, victims in a boating accident can pursue compensation for:
- Medical expenses (past and future)
- Lost wages or earning capacity
- Pain and suffering
- Property damage
How Do Boating Accident Claims Differ from Car Accident Claims?
Though boating accident and car accident claims are similar in many ways, there are some differences you’ll want to be aware of.
Jurisdiction and Maritime Law
Federal maritime law may apply instead of Virginia state law, depending on where the accident occurred. For example, maritime law may affect liability and damages if the incident happened on waters connecting to the ocean (like Chesapeake Bay). Your boat accident attorney can guide you on this.
No Insurance Requirement
In Virginia, you are required by law to have car insurance. However, Virginia does not require boat owners to carry liability insurance. This can make it harder to recover damages from the at-fault party if they don’t have insurance. Your boating accident attorney will know how to help, though. For example, some marinas may mandate boat liability coverage, or if the watercraft was rented or leased, the party that rented or leased the craft may have insurance.
Less Regulation
There are fewer mandatory safety requirements for boaters than for drivers. That can sometimes complicate claims, making it harder to prove that the at-fault party broke any laws or rules. However, failure to complete a required boater safety course or to carry the proper safety equipment would still count as negligence.
Unique Hazards
Whereas there are unique dangers on certain roadways, there can be even more unique hazards on certain waterways. Exposure to the water, for instance, can increase the likelihood of drowning, hypothermia, or long-term trauma, particularly if emergency help is delayed due to the boat’s location.
Because of these differences, it’s critical to talk to an attorney who understands the nuances of boating law.
How Can a Boating Injury Attorney Help?
Contact us at Shapiro, Washburn, & Sharp. Our experienced boating injury attorneys have decades of experience representing victims in accidents involving boats, jet skis, or other types of watercraft. We understand Virginia state law and federal maritime regulations and can guide you through pursuing a fair recovery.
Our North Carolina client, for instance, suffered from severe injuries when the charter fishing boat on which he was a passenger ran aground. We obtained the U.S. Coast Guard’s incident report, which showed that the charter boat captain acted negligently in venturing out of the marked channel. We helped negotiate a $150,000 settlement for our client.
We are happy to serve you in Virginia Beach, Hampton, Norfolk, Portsmouth, and Chesapeake.
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