When is a Boat Operator Required to Assist Anyone in an Accident?
A boat accident can produce a wide range of devastating and even fatal injuries. Being involved in such an accident can be a traumatic and distressing experience. Still, after an accident occurs, it is important for a boat’s captain to remember their obligation to assist victims.
Boat operators are generally required to render assistance to anyone involved in a boating accident when it is safe to do so and when providing aid would not jeopardize their vessel or passengers. If you or a loved one have been involved in a boating accident and believe the boat operator failed to fulfill their duty to render assistance, then you may be able to pursue legal action.
If you were injured because of a boating accident, seek support and guidance from our experienced boat accident lawyers by calling Rivkind Margulies & Rivkind, P.A. at (305) 204-5369.
Boat Operators’ Duty to Assist Accident Victims
Boat operators have specific legal obligations when it comes to assisting others involved in an accident. Under maritime law and the principles of maritime common law, boat operators are generally required to render assistance to anyone involved in a boating accident when it is safe to do so and when providing aid would not jeopardize their vessel or passengers.
The legal obligation to assist others in a boating accident is based on the “duty to render assistance” or the “duty to rescue.” This duty is derived from a sense of maritime community and the recognition that boaters share a responsibility to help one another in times of distress.
The duty to render assistance typically applies in situations where a boat operator becomes aware of an accident or becomes aware that another vessel or person is in distress. Assistance from our Everglades boat accident attorneys can be highly valuable when evaluating whether a boat operator failed to live up to this duty in your case.
Can You Sue a Boat Operator for Failing to Render Aid?
In some cases, it may be possible to pursue legal action against a boat operator who failed to render aid in the wake of an accident.
If a boat operator’s failure to render aid directly resulted in additional harm to victims or worsened the consequences of an accident, then the victims may have grounds to pursue a legal claim against that boat operator. For example, such a case may be filed if a boat operator witnessed a collision between two other boats and failed to stop and render aid, and as a result, injured parties were left in the water for an extended period and suffered more severe injuries.
However, establishing liability in such cases can be complex and requires evidence to demonstrate that the boat operator’s failure to render aid directly contributed to the harm suffered by victims. This evidence may include witness testimonies, accident reports, surveillance footage, and expert analysis. Accordingly, assistance from experienced legal representation can be highly beneficial to plaintiffs when pursing these types of claims.
What Should a Boat Operator Do After Becoming Aware of an Accident?
When a boat operator becomes aware of an accident or becomes aware that another vessel or person is in distress, they are required to take reasonable and appropriate actions to offer aid. Specifically, this may involve the following:
Reporting the Accident
The boat operator’s prompt and accurate reporting of the accident to the nearest Coast Guard station or appropriate authorities is critical in initiating an immediate response and rescue efforts. Providing essential details about the incident’s location, the involved vessels, and the number of people in distress helps authorities coordinate their efforts effectively. Timely reporting enables search and rescue teams to quickly deploy resources and personnel to the scene, increasing the chances of locating and assisting those in need.
Stopping and Remaining at the Scene
When a boating accident occurs, it is vital for the boat operator to stop their vessel and remain at the scene until they have fulfilled their duty to render assistance or until authorized personnel, such as the Coast Guard or law enforcement, arrive to take control of the situation. Remaining at the scene allows the boat operator to directly assess the extent of the injuries and damages, provide immediate aid, and coordinate with other vessels that may also be offering assistance. Staying on-site ensures that crucial information and eyewitness accounts can be provided to investigators, which can be invaluable in determining the cause of the accident and holding responsible parties accountable.
Providing Medical Aid
In the event of a boating accident, the boat operator should be prepared to provide medical aid if they possess the necessary knowledge and skills without putting themselves or others at risk. Administering first aid can be critical in stabilizing injured parties until professional medical help arrives. This may include actions such as applying pressure to control bleeding, immobilizing fractures, performing CPR, or assisting with rescues from the water. Additionally, the boat operator should immediately call for emergency medical assistance to ensure that trained professionals can provide the necessary medical care to those in need. If there is a medical facility nearby, transferring injured individuals to receive prompt medical attention is a crucial step in minimizing the potential long-term consequences of their injuries.
Rescuing Individuals in Danger
The boat operator’s primary concern after an accident should be the safety and well-being of those in immediate danger. Making reasonable efforts to rescue and assist individuals who have fallen overboard, are in the water, or are stranded on a vessel in distress is essential. This may involve maneuvering the boat to facilitate rescue operations, deploying life-saving devices such as lifebuoys or life rafts, and providing reassurance and support to those in distress. Quick and effective rescue actions can mean the difference between life and death in critical situations.
Call Our Boat Accident Attorneys for Help with Your Case
Seek help from our experienced Miami boat accident attorneys at Rivkind Margulies & Rivkind, P.A. by dialing (305) 204-5369 today.
