Can I file a compensation claim if i was injured on a charter boat?

Those injured on charter vessels may be eligible to file for compensation depending on their function on the boat. Passengers injured aboard may file compensation claims under general maritime law.

Many people own boats or charter boats and like to have some boating fun when they take trips to the beach or lakes. Unfortunately, sometimes having fun pairs with not paying enough attention, and passengers are often injured due to the boat operator's negligence.

If such a regrettable event happens, calling emergency help is the first thing to do. Depending on what kind of water you are on, there are authorities you can call, like the Coast Guard if you're on the ocean or specific law enforcement fulfilling patrol duty on a lake.

When boat accidents happen, people often lose their cell phones, or maybe they didn't bring them on the boat. In cases like this, boat owners or operators must be able to signal for help using other methods: 

  • red or orange flares
  • smoke signals at daytime
  • electric light at night

If you were injured in a charter boat accident and the boat operator failed to supply emergency signals, preventing help from arriving, you can hold the boat operator responsible for your injuries.

Regretfully, mishaps involving charter boats happen frequently. Many of these incidents could have been avoided with proper safety precautions. Nevertheless, the owner, crew, or captain is frequently found negligent for failing to fulfill their responsibilities to protect passengers. Some of the most frequent incidents that result in injuries in charter boat accidents are as follows:

  • Rough weather and seas. In order to navigate rough waters, crew and captains must be properly trained, and vessel owners are in charge of ensuring that their vessels are seaworthy. If they don't, hazards from shifting equipment and cargo can result in overboard accidents, capsizing, sinking, hypothermia, drowning, and other injuries.
  • Trip, slip and fall. It is possible for passengers to trip, fall, and sustain injuries when equipment is not securely fastened on a boat. Unmaintained decks can also result in similar slips and falls, which can cause cuts, scrapes, broken bones, and head injuries.
  • Drunken crew members. Although the crew may be tempted to join the party with the passengers, doing so increases the risk of collisions, poor navigation, capsizing, physical assault, and other injury-causing situations.
  • Food-related disease. Charter boats providing food for passengers are responsible for making sure the food is safe. Food poisoning and other illnesses can be brought on by spoiled food.

Keeping passengers safe is a duty shared by charter boat owners, captains, and crew members. In addition to providing passengers with safety information and making sure the ship is not overloaded, the captain and crew are in charge of safely operating the ship and navigating. It is the owner's responsibility to make sure the boat is seaworthy, that enough experienced personnel are on board, and that it has all the equipment needed for safety. You have a right to get compensation when those in charge fail to keep you safe on the seas, and federal maritime laws are in place to protect you.

Compensation available for charter vessel injuries depends on your function aboard the boat

Charter boat owners and operators are responsible for their passengers and owe them a duty of care. Those injured can legally file maritime injury claims if this duty was breached. Consulting with a maritime injury lawyer is the best option for a successful outcome, as legal specialists can advise you on the best course of action for your case and inform you of the available resources to recover damages. As a passenger on the boat during a boat accident, you might be able to hold boat operators responsible through:

  • Insurance claims if the boat you were on has boat insurance. It serves similar purposes to auto insurance and helps pay for damages for boat operators and passengers after an accident.
  • Personal injury lawsuits are the best way to recover damagesOne of the advantages of lawsuits is that you may claim more damages. Insurance often sets limits like medical bills and various economic damages. Compensation for pain and suffering is usually available only through a lawsuit.

When filing for compensation against insurance, how the accident happened will play an important role. A maritime injury lawyer will lead an expertise on the possible causes of your accident, such as:

  • collisions with other vessels
  • crashes with stationary objects 
  • accidents at docks or piers
  • mechanical problems on the boat