Key Takeaways
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Reporting a boat accident: What's involved and why a written report is required.
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The types of boat accidents: Does every boat accident have to be reported?
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When a boat accident doesn't need a report: Sometimes the incident is minor and a report isn't necessary.
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How long do you have to file a written report?: Different types of accidents have different deadlines for filing a report.
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Steps to take after a boating accident: How to handle the immediate aftermath of a boating accident.
Boating accidents are sometimes serious enough to require a written report that’s submitted to the authorities. However, you don’t necessarily have to report minor boat accidents. So, when is a written boating accident report necessary? Does this have any federal and state criteria?
It’s required when there’s a serious injury, the property damage is over a specific amount, or someone dies from the accident. The written report details what caused the accident and the results. The report is mandatory, and is used to track boating accidents and other data. Also, for boat operators it is a must to report the boating accident when the accident exceeds a certain damage. Or else, they can be held liable for neglecting their duty of care and heavy sanctions.
What Is Reporting a Boating Accident?
Reporting a boating accident is the act of telling an authority figure that a boating accident happened and the details. You’re required to make a verbal report when a boating accident happens.
Ideally, boat operators need to report the accident to the US Coast Guard or proper state authorities. The location of the boating accident will determine to whom you should report the accident to. Mostly, you should reach the nearest authority office to report a boating accident.
When is a written boating accident report required?
When should you report a boating accident? Does this have any deadline?
You must report the boating accident case, as soon as you are able to.You get 48 hours to file reports for serious boating incidents, such as heavy property damage and deaths. And for minor property only damages, you can get up to 10 days.
The act of filing a boating accident report is that of writing down what you remember about the incident. It has to be done by the applicable deadline and submitted to the proper authorities.
The report includes your memories of the event. Some of the details that you should include are:
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The events leading to the accident.
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Any action taken by the boat operator.
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Was the boat operator inattentive or distracted?
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The time of day or night the incident happened at.
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How many people were on the boat.
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What happened during the collision.
These and other details you recall will help you create a thorough report.
Types of Boat Accidents You Should Report
The types of boat accidents that need to be reported are ones that cause property damage, injury, and death. For example, a collision that involves two or more boats should be reported to the authorities. These types of collisions indicate that the operators weren’t doing their job properly. A report can hold people accountable for their actions by the authorities and in a court of law.
Some of the other types of boat accidents that should be reported include:
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Sinking boat.
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A boat that's run aground.
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Rough seas causing an accident.
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A fixed object was struck by a boat.
If you feel a boating accident is the result of improper handling of a boat, you should make a report with the relevant authorities.
Boating Accidents That You Don’t Need To Report
Boating accidents don’t have to be reported when the damage and/or injuries are minor. If the property damage is less than $2000, no report is necessary. Reporting the accident to the insurance company is the first step of action. Contacting a Jones Act lawyer is the second action to take in order to preserve your rights.
When are you required to report a boating accident?
A boating accident report is required when one or more of the following has happened:
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An injury requires immediate medical attention.
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Someone has gone missing.
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A death has happened.
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Property damage is more than $2,000 (Federal requirement) .
Note that, the property damage limit varies in different states for boating accidents reporting. For instance, California has a threshold of $500 property damages for reporting boating accidents. So, check your state’s law for this.
When would a written boating accident report be required? In order to meet the reporting requirements. The reporting timeline, or deadline, has to be observed to avoid problems with the authorities.
Timeline for reporting a boat accident
The timelines for reporting a boat accident vary depending on its outcome. Each state has different timelines as well. After an accident, a report has to be made within 48 to 10 days.
Reports that have to be made within 48 hours include:
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Someone dies as a result of the accident.
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They die within 24 hours of the accident.
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Someone goes missing.
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Medical attention is needed due to the accident.
In general, all other types of accidents can be reported within 10 days of the incident.
Steps To File A Report Following A Boat Accident
These are the steps you should take after a boating accident.
What to do when the accident happens
After a boat accident, 911 needs to be called for an emergency response. In the event there’s property damage, injuries, or a death, a written report has to be made. The boat operator is the person who’s responsible for filing the report. Typically, the report is filed with the U.S. Coastguard and/or the relevant local authorities.
Filing the report
The boat operator or owner has to file the report with the US Coast Guard and local authorities. All agencies have different requirements for filing a report. That includes timelines and reporting format. A good rule of thumb is to check with the authorities or the agency for its reporting requirements.
What to do after a boating accident?
The time immediately following a boating accident is stressful. It’s also chaotic until the situation starts to clear. Make sure that you’re OK first. Then go looking for others. Stay calm and try not to panic. Connect with others on the boat and make sure everyone is accounted for. Once everyone has been found, check for injuries and apply first aid to those who need it.
Someone has to call an SOS over channel 16 on the marine radio, or call 911 if close to shore. Use mayday for an immediate emergency, or use a pan-pan call for an urgent situation. A pan-pan tells the first responders that the boat is in need of help, but medical emergencies are minor. Mayday indicates that medical help is needed, or the boat is in danger.
Get together as much evidence as you can to show what happened. You may only be able to get pictures, but these are effective. If you’re able to get physical evidence, collect it and bring it with you on the rescue boat.
How a Written Report Helps Boating Accident Victims
A written report shows what happened to cause a boating accident. Passengers who became accident victims have the right to seek compensation after an accident. The report supports what they experienced during the accident. It also helps prove their injuries were the result of the boating accident.
The authorities require a written report when the previously mentioned factors are present. A detailed report helps the authorities with their tracking. It also helps accident victims get compensation for their losses. The boating accident report helps people in many different ways.
FAQ
Frequently Asked Questions
The operator of the vessel is the primary person who has to file the report. If they are incapacitated, the owner of the vessel can file the report.
You open yourself up to punishment in the form of fines and/or misdemeanor charges.
A boat accident has to be reported to the U.S. Coast Guard and the relevant state agency. If they can't be reached right away, a report can be filed with the local authorities.
If there are injuries, a death, or property damage over the state's minimum for reporting, a written report has to be made.
Most boating accidents are caused by the operator not paying attention while in control of the boat.
Conclusion
When is a written boating accident report required? It depends on the accident severity, property damages and the impact. Ideally, if someone is missing, is dead or property damage exceeds a certain threshold, you must report the case.
If you find it hard to report the case, contact Jones Act Info. We will evaluate the boating accident case and prepare the reporting to file it. Also, we will ensure you get the justice as a boat operator, if you aren’t at-fault.
