Is the Boating Operator Always Liable in Waterway Collisions?

Waterway collisions are often quite complex. Who bears responsibility for the damages and injuries that result? If you’ve been involved in such an incident in North Carolina, it’s always wise to consult with a boating accident lawyer quickly. A lawyer can evaluate the circumstances of your collision and help you understand how fault will likely be assigned and how best to protect yourself.

Waterway Collisions and Liability

Is the boating operator always liable? No. Liability is always connected to negligence, so the question will be whether the operator failed to exercise reasonable care under the circumstances. Courts look at specific actions and whether those actions violated safety standards for vessel operation. You cannot assume automatic fault simply because you were at the helm.

How Negligence Is Determined

Finding an operator negligent requires showing that they did not take proper care, which is usually tied to having broken a specific rule, though, under some circumstances, an operator can technically be keeping all the rules but still be found to have been reckless. Some of the key waterway regulations that insurance companies and courts will look at are:

Proper Lookout

One fundamental principle of boating is that every vessel must at all times maintain a proper lookout by both sight and hearing. If an operator skips this basic step, even briefly, it can establish negligence.

Proper Speed

Another key rule requires boaters to go at a safe speed at all times. This can be somewhat subjective, but it’s defined as a speed that takes into account visibility, waterway traffic density, how maneuverable the boat is, background lights at night, weather, and other conditions.

Proper Collision Avoidance

A boat is required to use all available means to determine if a risk of collision exists and take steps to avoid it. This may include watching compass bearings, listening for signals, and monitoring radar. If a risk exists, the operator must act immediately to:

• Alter course
• Slow down
• Stop
• Reverse engines

An operator who takes the wrong action or who delays too long can face liability, but so can the other vessel if it fails to respond appropriately. A boating accident attorney will be able to help you sort ​out who was at fault.

Proper Right-of-Way

Right-of-way rules can also help in determining negligence. A vessel approaching from the starboard side generally has the right of way, meaning the other vessel must give way. Power-driven vessels must yield to sailing vessels in most cases, and vessels engaged in fishing have priority over others.

Shares Negligence

In practice, many waterway collisions, just like most car accidents, involve some degree of fault on both sides. One operator might have been speeding while the other failed to keep a lookout, for example. Federal law allows each party to make a claim for damages that reflects their own share of fault: however, North Carolina law is different.

Liability Considerations in North Carolina

Many waterways here qualify as navigable under federal standards, but for those that are entirely under North Carolina legal jurisdiction, pure contributary negligence rules apply. This means you cannot recover any damages if you are even 1% at fault.

Talk to a Boating Accident Lawyer

The best way to preserve your rights is to speak with an attorney as soon as possible. Contact David & Associates Injury Attorneys in Wilmington, Supply, Clinton, Jacksonville, Wallace, or Whiteville today.

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