Boat Accident Lawyer Virginia Beach

During the summertime, you’ll likely see more boats on the waterways in Virginia and North Carolina. From sleek runabouts to pontoon cruisers, these vehicles provide a lot of fun recreation for families and tour groups. Meanwhile, charter boat excursions are becoming even more popular, whether for fishing trips, sunset cruises, or private parties.

Unfortunately, with the increase in traffic, the risk of accidents also increases. According to the U.S. Coast Guard (USCG), 3,844 reported recreational boating accidents in 2023 resulted in 564 fatalities, 2,126 injuries, and about $63 million in property damage.

At Shapiro, Washburn, & Sharp, we understand that boating accidents—and charter boat accidents in particular—fall under different or additional laws than car accidents. We explain the differences below and encourage you to call our Virginia Beach & Norfolk boat accident attorneys today at 833-997-1774 for a free consultation.

How Are the Rules Different for Charter Boat Accidents?

Charter boats—which you typically pay to ride on—often have to meet extra safety rules that don’t necessarily apply to private boat owners. Any vessel taking on paying passengers has to meet the minimum safety requirements and be subject to oversight by the USCG. That oversight includes routine physical inspections that ensure the craft is in good working order and has all the required safety equipment.

Smaller charter boats—those carrying six people or less—don’t usually have to go through the same types of inspections, but they still have to comply with the USCG’s standards for crew licensing, safety equipment, and operational practices.

In general, this means that charter boats have more responsibilities when it comes to ensuring passenger safety. If a charter operator fails to maintain life-saving gear, train their crew, or properly inspect their vessel, for example, it can form the basis for a legal claim under maritime law. An experienced boating-accident lawyer will understand those heightened requirements and know how to gather and preserve important evidence to support your claim.

How Do Boating Accident Rules Differ from Car Accidents?

You probably have a pretty good general idea of how the law works when it comes to car accidents. There are rules of the road that everyone must follow, both state and federal, and if someone breaks those rules and causes harm to someone else, they may be held liable in a personal injury claim.

Boating accidents, on the other hand, may be subject to a hybrid of federal maritime laws and state laws. Here are some of the key differences.

Governing Law

State law governs negligence, fault-sharing, and insurance requirements in automobile accidents, for example. Recreational boating accidents typically fall under state personal-injury laws if not within navigable waters, but incidents on navigable waters may invoke general maritime law. Maritime law is the body of federal common law and other laws and rules that apply to navigable waters, covering issues like vessel safety and seaworthiness, crew rights, passenger-for-hire obligations, and more.

Regulatory Framework

Cars are governed by state vehicle codes, DMVs, and state-mandated inspections. Recreational boats are also subject to state registration and titling, and must follow any state-mandated safety equipment rules and meet local boating education and operator licensing requirements.

Charter boats fall under a federal framework administered by the USCG. They have to undergo Coast Guard inspections, carry higher minimum insurance, and adhere to detailed safety-equipment mandates. Their captains and crew must also have the appropriate licenses.

Insurance and Coverage

States require car owners to be covered by a certain amount of insurance. There is no similar requirement for private boat owners, however. They can opt for various insurance coverages, but if they aren’t covered, injured victims could be uninsured or underinsured.

Charter boats, however, must carry insurance for bodily injury and property damage while operating in Commonwealth waters in Virginia.

Court and Procedure

Claims concerning car accidents filed in state court fall under rules tailored to civil traffic accidents. Recreational boat claims follow state court procedure, but if maritime law applies, they may also be litigated in federal court.

These differences can affect everything from your filing deadline to your damage calculations, which is why having an experienced boating injury attorney on your side is important if you want the best odds of recovering your full damages.

Can I File a Personal Injury Claim for a Boating Accident?

Whether you were on a private boat or a charter boat, you can pursue a personal injury claim if you were harmed by someone else’s negligence or because the vessel wasn’t maintained in accordance with applicable laws and regulations.

Establishing Duty and Breach

You and your boating accident attorney will need to show that the boat operator, whether a private owner or a charter company, owed you a basic duty of care and failed to meet it.

Proving Causation

Next, you’ll need to demonstrate that the boat operator’s failure directly led to your injuries. Maybe the vessel was missing a handrail, causing you to fall overboard, or maybe there was a poorly maintained ladder on a private boat.

Quantifying Damages

Your lawyer will help you document your medical bills, lost wages, and non-economic harms like pain and suffering to come up with a total amount of compensation owed to you.

Filing the Claim

Your attorney will also draft and pursue your claim in accordance with the proper rules. That means determining which body or bodies of law apply to the situation and taking appropriate action to preserve and pursue your rights.

Negotiation or Litigation

Having a lawyer on your side is a big help when negotiating with insurance companies. At Shapiro, Washburn, and Sharp, we have decades of court experience and will make it clear that we can go to a trial if necessary, which always helps in negotiations.

How Can a Boating-Accident Attorney Help?

When you choose Shapiro, Washburn, and Sharp for your boating claim, you get attorneys highly familiar with admiralty and maritime law, who also have access to marine surveyors, accident reconstruction experts, medical professionals, and more to help support your claim. We have a proven track record of successful settlements and verdicts for clients injured on charter vessels and personal boats.

Contact us at Shapiro, Washburn, & Sharp. Our goal is to maximize your recovery while holding the negligent parties accountable, as we did for a North Carolina client who was injured when the charter fishing boat on which he was a passenger ran aground in the Oregon Inlet. We helped negotiate a $150,000 settlement before going to trial.

How Do Charter Boat Claims Differ from Private Boat Claims?