Have you been injured in a boating accident in Lansing, Michigan? The Law Offices of Christopher Trainor & Associates can help you get the compensation you deserve. Call us today for a free consultation.
If you or a family member have sustained serious injuries in a boating accident, you deserve to be compensated, particularly if the accident was due to someone else’s negligence or carelessness. Michigan law allows you to seek financial compensation for pain and suffering, medical expenses, and lost wages. For your case to be successful, however, it is crucial to enlist the support of a seasoned Lansing boating accident lawyer as soon as you can after your accident.
Michigan, bordered by four Great Lakes, boasts vast expanses of freshwater, making boating a favorite pastime. Despite its recreational allure, boating can lead to devastating injuries and fatalities. Shockingly, recent years have seen 3,331 injuries and 709 deaths from boating accidents in the United States, and waterway accidents rank second only to highway accidents in unintentional deaths. Boat accidents frequently result from reckless behavior, negligent boat operation, or even intoxication leading to an accident. If you were seriously injured in a boating accident, you could be entitled to compensation.
An experienced Lansing boating accident lawyer from the Law Offices of Christopher Trainor & Associates can investigate the circumstances of your boating accident, compile evidence of negligence, and guide you through every phase of the personal injury process. Call us today to schedule your free consultation.
What Types of Boating Accidents Take Place in Michigan?
The types of boating accidents that occur most frequently in Michigan are:
Collisions: Boats colliding with other boats, stationary objects like docks, buoys, or submerged obstacles, or even with swimmers or water skiers.
Groundings: Boats running aground due to shallow waters, hidden hazards, or navigational errors.
Capsizing: Boats overturning due to rough waters, improper weight distribution, or sudden shifts in weight.
Falls Overboard: Passengers or crew members falling overboard, often due to sudden movements, slippery surfaces, or intoxication.
Fire and Explosions: Engine malfunctions, fuel leaks, or electrical faults can lead to fires or explosions onboard.
Propeller Accidents: Injuries caused by contact with a boat's propeller, often resulting from swimmers being struck or entangled.
Sinking: Hull breaches, equipment failures, or adverse weather conditions can cause boats to sink, leading to property damage or loss of life.
Drowning: Accidental immersion in water due to various factors, such as falls overboard, capsizing, or being trapped underwater.
Understanding these common types of boating accidents can help boaters and passengers stay vigilant and take necessary precautions to ensure safety on the water.
Michigan’s Life Vest Requirements
Michigan has specific life vest requirements for boaters and passengers. The following laws regarding life vests, also referred to as personal flotation devices, are designed to enhance boating safety and reduce the risk of drowning accidents.
Children Under 6 Years Old: In Michigan, children under six years old must wear a US Coast Guard-approved Type I or Type II PFD while on the open deck of any vessel. This requirement applies whenever the vessel is underway, including when it is anchored or moored, except when the child is below deck or in an enclosed cabin.
Personal Watercraft Operators and Passengers: Operators and passengers of personal watercraft, such as jet skis, must wear a US Coast Guard-approved Type I, II, III, or V PFD. This rule applies to all individuals, regardless of age.
Water Skiing and Towing Activities: Anyone engaged in water skiing, tubing, wakeboarding, or similar towing activities must wear a US Coast Guard-approved Type I, II, III, or V PFD. This requirement applies to both the person being towed and the boat's operator.
Other Boating Activities: While Michigan law does not mandate that adults wear life vests at all times, it strongly recommends that all boaters and passengers wear PFDs whenever they are on or near the water, especially in situations where there is an increased risk of accidents or emergencies.
Additionally, state law requires vessels to have at least one US Coast Guard-approved Type I, II, III, or V PFD for each person on board. These PFDs must be readily accessible and in good condition. It's essential for boaters to familiarize themselves with these regulations and ensure compliance to promote boating safety for everyone on board.
How to File a Boating Accident Report
If you are involved in a Lansing boating accident, filing a prompt report with the relevant authorities is important. Laws governing when and how to file a boating accident report include:
Immediate Notification: According to Michigan law, the operator of a vessel involved in a boating accident must immediately notify the nearest law enforcement agency or the Michigan Department of Natural Resources if the accident results in any of the following:
Loss of life
Injury requiring medical treatment beyond first aid
Disappearance of any person under circumstances that indicate death or injury
Damage to the vessel(s) or other property exceeding $2,000 or total loss of a vessel
Report Form: You must complete and submit a Michigan Boating Accident Report form within five days of the incident if it meets the criteria mentioned above. The BAR form collects essential information about the accident, including the date, time, and location of the incident, as well as details about the vessels involved, injuries, and witnesses.
Submitting the Report: You can obtain the BAR form from the Michigan Department of Natural Resources website or any law enforcement agency. Once completed, submit the form to the Michigan DNR by mail or online through the DNR's Accident Reporting System. If you submit the report online, you'll receive a confirmation number for your records.
Follow-Up: After filing the boating accident report, cooperate fully with any investigations conducted by law enforcement or regulatory agencies. Provide any additional information or documentation requested, and adhere to any legal obligations related to the incident.
It is essential to comply with Michigan's boating accident reporting requirements to ensure the proper handling of the incident and to fulfill your legal obligations as a boat operator. Failure to report a boating accident as required by law could result in penalties or legal consequences. It could also make it much harder to successfully file a personal injury claim for damages.
Boating Accident Death Statistics
In recent years, fatal boating accidents have been on the rise, not just in Michigan, but across the United States. Notable boating accident statistics include:
Total Fatalities: According to data from the S. Coast Guard, there were 767 boating-related fatalities in 2020, representing a 25.1% increase from the previous year. These fatalities occurred in various types of boating accidents, including collisions, capsizings, and falls overboard.
Primary Contributing Factors: The leading factors contributing to boating accident fatalities include:
Operator inattention
Operator inexperience
Excessive speed
Alcohol use (impaired boating)
Failure to wear life jackets
Alcohol-Related Fatalities:Alcohol use continues to be a significant factor in boating accidents, contributing to a large percentage of fatalities. In 2020, alcohol was listed as the leading contributing factor in fatal boating accidents, with alcohol-related deaths increasing by over 16% compared to the previous year.
Types of Accidents: Fatalities can occur in various types of boating accidents, including collisions with other vessels or fixed objects, capsizings, falls overboard, and accidents involving water sports or recreational activities.
Demographics: Boating accident fatalities affect individuals of all ages and demographics, but certain age groups are more vulnerable. Statistics show that a significant percentage of victims are males between the ages of 20 and 60, often involving operators or passengers of small recreational boats.
Preventive Measures: Many boating accident fatalities could be prevented through increased awareness, education, and adherence to safety regulations. Wearing life jackets, avoiding alcohol consumption while boating, maintaining safe speeds, and receiving proper boating education and training are essential preventive measures.
These statistics underscore the importance of boating safety awareness and responsible boating practices to reduce the risk of accidents and fatalities on the waterways. By promoting boating safety education and adherence to regulations, authorities aim to mitigate the occurrence of boating-related tragedies and enhance the overall safety of recreational boating activities.
Boating Laws and Requirements
The Michigan Department of Natural Resources governs boating laws and requirements across the state. They are designed to ensure the safety of boaters and protect the state's waterways. Here are some key boating laws and requirements in Michigan:
Boater Education: Michigan law requires operators of motorized vessels who were born after June 30, 1996, and operate a vessel with a motor greater than 6 horsepower to complete a boater safety education course. The course covers topics such as boating laws, navigation rules, safety equipment, and emergency procedures.
Boating Safety Certificate: Upon successful completion of the boater safety education course, boaters receive a Boating Safety Certificate, which must be carried on board the vessel whenever it is in operation.
Age Restrictions: Children under the age of 6 are not allowed to operate a personal watercraft in Michigan. Additionally, individuals under the age of 14 are not allowed to operate a motorboat with greater than 6 horsepower unless accompanied by a person at least 16 years old.
Boat Registration: All motorized vessels, including sailboats with motors, must be registered with the Michigan Secretary of State. This includes vessels used for recreational purposes as well as commercial vessels.
Life Jackets: Michigan law requires all vessels to have at least one U.S. Coast Guard-approved life jacket for each person on board. Children under the age of 6 must wear a properly fitted life jacket while on any vessel that is underway.
Navigation Rules: Boaters must follow established navigation rules and regulations, including right-of-way rules, speed limits, and requirements for navigation lights and signals.
Alcohol and Drug Use: It is illegal to operate a vessel under the influence of alcohol or drugs in Michigan. Boaters with a blood alcohol concentration of 0.08% or higher are considered to be under the influence and can face fines, license suspension, and other penalties.
Safety Equipment: Vessels must carry certain safety equipment on board, including fire extinguishers, visual distress signals, and sound-producing devices. The specific equipment required depends on the size and type of vessel.
Environmental Regulations: Boaters must comply with environmental regulations, including laws related to sewage discharge, oil pollution prevention, and invasive species prevention. Proper disposal of waste and adherence to no-wake zones help protect Michigan's waterways and ecosystems.
Local Regulations: Boaters should be aware of any local regulations and ordinances that may apply to specific waterways or areas within Michigan. These regulations may include speed limits, no-wake zones, and restrictions on anchoring or mooring.
By understanding and following these boating laws and requirements, boaters can enjoy recreational activities safely while preserving Michigan's natural resources for future generations. Additionally, adherence to these laws helps prevent accidents and promotes responsible boating practices.
Types of Vessels Involved in Boating Accidents
Boating accidents can involve various types of vessels, each presenting its own set of risks and potential hazards. Some common types of vessels that can be involved in boating accidents include:
Motorboats: Motorboats are vessels powered by engines, including inboard motors, outboard motors, and stern-drive motors. They are commonly used for recreational boating, fishing, waterskiing, and other water-based activities.
Sailboats: Sailboats are vessels propelled primarily by sails, harnessing the power of the wind to navigate through the water. They vary in size and design, from small dinghies and sailboards to large yachts and racing sailboats.
Personal Watercraft: Personal watercraft, also known as jet skis or wave runners, are small, motorized vessels designed to be operated by one or two people sitting, standing, or kneeling on the craft. They are popular for recreational use and can reach high speeds on the water.
Kayaks and Canoes: Kayaks and canoes are small, lightweight vessels designed for paddling on rivers, lakes, and other bodies of water. They are commonly used for recreational boating, fishing, and exploring waterways.
Fishing Boats: Fishing boats are specialized vessels designed for fishing activities, including recreational fishing, commercial fishing, and charter fishing trips. They may be equipped with fishing gear, live wells, and other amenities for angling.
Pontoon Boats: Pontoon boats are flat-bottomed vessels with pontoons (or tubes) that provide buoyancy and stability on the water. They are often used for leisurely cruising, fishing, and socializing with friends and family.
Houseboats: Houseboats are floating homes equipped with living quarters, kitchens, bathrooms, and sleeping accommodations. They are used for long-term stays on the water, vacations, and recreational boating.
Commercial Vessels: Commercial vessels include various types of boats and ships used for commercial purposes, such as cargo transport, passenger ferries, tour boats, and commercial fishing vessels.
Sailing Yachts: Sailing yachts are large, luxury vessels designed for cruising and racing. They are equipped with sails and sophisticated navigation systems for long-distance voyages and offshore sailing.
Inflatable Boats: Inflatable boats, also known as dinghies or inflatables, are lightweight vessels made of flexible materials such as PVC or Hypalon. They are portable and easy to inflate and deflate, making them popular for recreational use, rescue operations, and tender boats for larger vessels.
Common Causes of Boating Accidents
Several factors can contribute to boating accidents, resulting in property damage, injuries, and even fatalities. Some common causes of boating accidents include:
Operator Inattention: Boat operators may become distracted by passengers, electronic devices, or other activities, losing focus on navigation and potential hazards.
Inexperienced Operators: Inexperienced or untrained boat operators may lack the skills and knowledge necessary to navigate safely, handle emergency situations, and operate the vessel in various weather conditions.
Excessive Speed: Operating a boat at excessive speeds increases the risk of collisions with other vessels, submerged objects, or the shoreline. High-speed boating can also make it difficult to react to unexpected obstacles or environmental changes.
Alcohol or Drug Use: Boating under the influence of alcohol or drugs impairs judgment, coordination, and reaction time, significantly increasing the likelihood of accidents and injuries on the water.
Weather Conditions: Adverse weather conditions, such as high winds, heavy rain, fog, or rough seas, can create hazardous boating conditions and increase the risk of accidents, capsizing, or grounding.
Navigation Errors: Errors in navigation, such as misinterpreting navigational markers, charts, or buoys, can lead to groundings, collisions, or running aground on shoals or sandbars.
Equipment Failure: Mechanical failures or malfunctions in boat engines, steering systems, propulsion systems, or safety equipment can compromise the vessel's ability to operate safely and increase the risk of accidents.
Overloading: Overloading a boat with too many passengers or excessive cargo can affect its stability, buoyancy, and handling characteristics, increasing the risk of capsizing, swamping, or sinking.
Reckless Behavior: Reckless or careless behavior, such as wake jumping, weaving through traffic, or engaging in stunts, poses a danger to other boaters and can lead to collisions, injuries, or fatalities.
Lack of Proper Lookout: Failing to maintain a proper lookout for other vessels, hazards, or navigation aids can result in collisions, near-misses, or grounding incidents.
Failure to Follow Rules and Regulations: Violating boating laws, regulations, and navigation rules, such as speed limits, right-of-way rules, and navigational aids, can increase the risk of accidents and legal liability.
By understanding these common causes of boating accidents, boaters can take proactive measures to prevent accidents, promote safety on the water, and minimize the risk of injuries or fatalities.
Legal Considerations That Could Impact Your Lansing Boating Accident Claim
Numerous legal considerations have the potential to impact your Lansing boating accident claim, such as:
Jurisdiction and Venue: Determining the appropriate jurisdiction and venue for filing a boating accident claim is essential. Depending on where the accident occurred, different laws and legal procedures may apply. Working with an attorney familiar with local laws and court procedures can help ensure that your claim is filed in the proper jurisdiction and venue.
Statute of Limitations: Boating accident claims are subject to statutes of limitations, which establish the time limits for filing a lawsuit. In Michigan, the statute of limitations for personal injury claims, including boating accidents, is typically three years from the date of the accident. Failing to file a claim within the applicable statute of limitations could result in the loss of the right to seek compensation.
Comparative Negligence: Michigan follows a modified comparative negligence system, which means that the compensation awarded in a boating accident claim may be reduced if the injured party is found to share some degree of fault for the accident. Under Michigan law, if the injured party's fault exceeds 50%, they may be barred from recovering any compensation. Understanding how comparative negligence applies to your case is crucial for assessing liability and potential damages.
Boating Regulations: Boating accidents are often subject to specific boating regulations and navigational rules established by federal, state, and local authorities. Violations of these regulations, such as operating a vessel under the influence of alcohol or drugs, speeding in designated areas, or failing to maintain a proper lookout, can impact liability and the outcome of a boating accident claim.
Insurance Coverage: Insurance coverage, including boat insurance, liability insurance, and personal injury protection insurance, may play a significant role in boating accident claims. Understanding the insurance policies involved, coverage limits, and exclusions is essential for determining the available sources of compensation for injuries, property damage, and other losses.
Evidence Preservation: Collecting and preserving evidence related to the boating accident is crucial for supporting a claim and establishing liability. This may include photographs or videos of the accident scene, witness statements, accident reports filed with relevant authorities, medical records documenting injuries, and maintenance records for the involved vessels.
Potential Defendants: Identifying potential defendants in a boating accident claim is important for determining liability and pursuing compensation. Depending on the circumstances of the accident, potential defendants may include boat operators, boat owners, rental companies, manufacturers of defective equipment, and government entities responsible for maintaining waterways and navigational aids.
Navigating the legal considerations involved in a Lansing boating accident claim can be tricky. Consulting with a skilled Lansing boating accident lawyer from the Law Offices of Christopher Trainor & Associates can provide valuable guidance and support throughout the claims process, helping you understand your rights, assess your legal options, and pursue fair compensation for your injuries and losses.
Talk to a Lansing Boating Accident Lawyer
Recreational boating accidents typically fall into the legal realm of personal injury cases, which stem from property owners' negligence, inadequate property upkeep, and unsafe conditions. Most Lansing boating accidents occur due to the negligence or recklessness of a boat operator.
If you sustained a boating injury in an accident caused by another boater's negligent behavior, such as reckless or impaired vessel operation, you may be eligible for financial compensation.
Our Lansing boating accident lawyers have a well-established track record of helping injured boating accident victims secure financial compensation for their damages, such as current and projected medical expenses, lost wages, diminished earning capacity, pain and suffering, disability, and more.
Call Christopher Trainor & Associates at (248) 886-8650 or reach out through our online contact form to schedule your free consultation.
