Boat Accidents

Experienced Hawaii Boating Accident Lawyers

Work with a Hawaii boating accident lawyer from Recovery Law Center. Get the compensation you deserve if you are hurt in a boating accident.

Boating in the Hawaiian Islands is a favorite activity for both residents and visitors. With stunning ocean views and unforgettable boat tours, it’s easy to see why. However, accidents on the water are inevitable, especially when it is due to other people’s negligence. If you’ve been hurt in a boating accident, having an experienced personal injury attorney on your side can make a significant difference in your recovery.

At Recovery Law Center, we understand individuals’ challenges after a boating accident happens. Our law firm is here to help you seek compensation for your personal injury claim while prioritizing your well-being.

Boating safety is important, but even the most cautious individuals can be harmed due to someone else’s negligence. Contact us for legal guidance if you or a loved one has been injured on a boat tour or any other water activity.

Boating Accident Cases We Handle

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Recovery Law Center handles many boating accident cases to help injured individuals and their families seek justice and recover damages. Boating accidents in Hawaii can result in serious injuries, property damage, or even fatalities. We handle cases involving:

  • Recreational vessel accidents, such as private boats, jet skis, and tour boats.
  • Non-human environmental factors, such as rough waves or submerged hazards, cause injuries.
  • Accidents involving scuba diving, snorkeling, or other water sports.
  • Incidents resulting from operator error, poor maintenance, or violations of Hawaii State laws.
  • Accidents involving crew members or passengers on vessels owned by tour companies.
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Compensation for a Boating Accident

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If you or a loved one has been injured in a boating accident, you may seek compensation for:

  • Medical expenses and rehabilitation costs
  • Lost wages or reduced earning capacity
  • Pain and suffering
  • Property damage to vessels owned by you or others
  • Emotional distress caused by serious injuries or loss
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Causes of Boating Accidents

Boating can be a dangerous activity. Accidents must be reported, whether they involve a commercial or recreational vessel. However, crashes aren’t the only way a boating injury may occur.

Here are common causes of boating accidents:

  • Slippery surfaces
  • Inadequate support for embarking and disembarking the vessel
  • Overcrowding
  • Fires, chemical exposures, and toxic leaks
  • Poor maintenance
  • Failing to account for weather and oceanic conditions
  • Lack of life jackets, lifeboats, and drowning protections
  • Broken or insufficient railings
  • Negligent training of boat operators, poor supervision of a minor operating a vessel
  • Injury during recreational activities like scuba diving and snorkeling
  • Collisions between multiple vessels
  • Running aground, capsizing, sinking
  • Hitting a fixed object
  • Boating under the influence of alcohol, DUI on a boat
  • Reckless operation

The victim may claim compensation when an accident can be traced to human error or poor judgment. Most claims are based on negligence, which means the victim proves that someone failed to use reasonable care and that an injury resulted.

It’s possible not even to know why an accident or injury occurred. There may be underlying causes that you aren’t aware of right away. Let our lawyers investigate your case. We can talk to witnesses, gather records, and evaluate the situation. Then, we build your case.

What You Need to Do After a Boating Accident

If you’ve been involved in a boating accident in Hawaii or elsewhere, follow these steps:

  • Assess yourself and others for injuries caused by the accident. Administer first aid if possible.
  • Alert the Coast Guard or local authorities. Their response is crucial for rescuing injured persons and documenting the incident.
  • Move the vessel to avoid further accidents if it is safe. Use life jackets and other safety measures to protect passengers.
  • Record the names, contact details, and insurance information of the boat operator and passengers involved.
  • Capture images of the vessel, injuries, and property damage to support potential personal injury claims.
  • Note weather conditions, time, location, and any non-human environmental factors that contributed to the accident.
  • Do not make statements that could be used against you by the insurance company or others involved.
  • Contact an attorney. Injury attorneys with practice areas in maritime accidents, boat tours, and recreational vessels can assist in recovering damages.

Top Boating Accidents FAQs

What makes boating accidents in Hawaii different from other personal injury cases?
Boating accidents in Hawaii present unique legal complexities because they fall under both state and federal maritime law. With stunning ocean views and unforgettable boat tours, boating in the Hawaiian Islands is a favorite activity for both residents and visitors, but when accidents occur, they're governed by admiralty and maritime law rather than standard personal injury law. This means different rules apply regarding liability, compensation, and legal procedures. Hawaii's waters see various types of vessels including commercial tour boats, charter fishing boats, private recreational boats, and personal watercraft, each with different regulatory requirements and liability standards. Additionally, Hawaii's tourism industry means many boating accidents involve visitors who may be unfamiliar with local waters and conditions, creating additional complexity in determining fault and jurisdiction.
What are the most common causes of boating accidents in Hawaii waters?
Common causes of boating accidents in Hawaii include:
  • Operator negligence such as inexperienced or intoxicated boat operators, speeding, or reckless operation;
  • Tour boat operator errors during crowded tourist seasons when operators may rush or take shortcuts;
  • Equipment failure including engine problems, steering malfunctions, or safety equipment failures;
  • Weather-related incidents from sudden changes in Hawaii's marine conditions;
  • Overcrowding especially on charter boats and tour vessels that exceed safe capacity limits;
  • Collision with marine life or underwater hazards unique to Hawaiian waters;
  • Inadequate safety briefings particularly affecting tourists unfamiliar with ocean conditions; and
  • Poor maintenance of rental boats or charter vessels. Even the most cautious individuals can be harmed due to someone else's negligence, making it crucial to understand these risk factors and hold negligent operators accountable.
Who can be held liable in a Hawaii boating accident?
Multiple parties can potentially share liability in Hawaii boating accidents:
  • Boat operators who cause accidents through negligent operation, speeding, intoxication, or violating navigation rules;
  • Boat owners who may be responsible for their vessel's condition and the operators they allow to use it;
  • Charter and tour companies that have a duty to provide safe vessels, qualified operators, and adequate safety equipment;
  • Boat manufacturers if defective equipment or design flaws contribute to the accident;
  • Marina operators who may be liable for unsafe docking conditions or inadequate maintenance;
  • Equipment manufacturers for defective life jackets, engines, or safety devices; and
  • Government entities responsible for maintaining navigational aids, harbor facilities, or issuing improper permits.
Determining liability often requires thorough investigation of maritime regulations, vessel inspection records, operator certifications, and accident circumstances specific to Hawaii's waters.
How does Hawaii’s no-fault insurance law apply to boating accidents?
Hawaii's no-fault insurance law does not apply to boating accidents because it only covers motor vehicle accidents on land. This means boating accident victims must pursue compensation directly from the at-fault parties or their insurance carriers, without the PIP (Personal Injury Protection) coverage that applies to car accidents. However, this can actually benefit victims because they're not limited by no-fault thresholds and can pursue full compensation for all damages from the beginning. Most commercial boat operators are required to carry liability insurance, and many recreational boat owners have boat insurance policies. The absence of no-fault restrictions means victims can immediately seek compensation for medical expenses, lost wages, pain and suffering, and other damages without meeting the $5,000 threshold or permanent injury requirements that apply to car accidents.
What compensation can I recover after a boating accident in Hawaii?
Boating accident victims may recover comprehensive compensation under maritime law, including:
  • Medical expenses covering emergency treatment, hospitalization, surgery, rehabilitation, and future medical care;
  • Lost wages and earning capacity for time missed from work and reduced future earnings;
  • Pain and suffering for physical and emotional trauma;
  • Property damage for personal belongings lost or damaged in the accident;
  • Permanent disability or disfigurement compensation;
  • Loss of life enjoyment for inability to participate in activities you previously enjoyed; and
  • Punitive damages in cases involving gross negligence or intentional misconduct.
Maritime law may also provide additional remedies not available in land-based accidents, such as maintenance and cure benefits for injured maritime workers. The amount depends on factors like injury severity, the degree of negligence, available insurance coverage, and the specific circumstances of your accident in Hawaiian waters.
What should I do immediately after a boating accident in Hawaii?
After ensuring everyone's safety and calling the Coast Guard or local authorities, you should:
  1. Seek immediate medical attention even for seemingly minor injuries, as some conditions may worsen and salt water exposure can complicate wounds,
  2. Report the accident to Hawaii authorities as all recreational boating accident reports must be filed by the operator by law,
  3. Document everything by taking photos of the vessels, accident scene, injuries, weather conditions, and any visible damage,
  4. Gather information including contact details for all parties, witnesses, boat registration numbers, and insurance information,
  5. Preserve evidence including damaged personal belongings and wet clothing,
  6. Obtain a copy of the official accident report once filed,
  7. Avoid making statements about fault to insurance companies without legal representation, and
  8. Contact an experienced maritime attorney immediately, as maritime cases have unique legal requirements and shorter deadlines than typical personal injury cases.
How long do I have to file a boating accident lawsuit in Hawaii?
Maritime law cases have specific time limits that can differ from standard personal injury claims. Generally, you have three years from the date of a maritime accident to file a lawsuit under general maritime law, but this can vary depending on the specific circumstances and type of vessel involved. However, there are important exceptions: if the accident involves a commercial vessel or tour boat, different federal regulations may apply with shorter notice requirements. Additionally, if the accident involves a government vessel or occurs in federal waters, special rules and much shorter deadlines may apply - sometimes as little as six months. Evidence can also disappear quickly in marine environments, and witness memories fade. It's crucial to contact a maritime attorney immediately to ensure all deadlines are met and evidence is properly preserved, as maritime cases require specialized knowledge of both state and federal regulations.
Why do I need a specialized boating accident lawyer in Hawaii?
At Recovery Law Center, we understand individuals' challenges after a boating accident happens and the unique complexities of maritime law. Boating accidents involve specialized federal and state maritime regulations that don't apply to land-based accidents, including Coast Guard regulations, vessel inspection requirements, and operator certification standards. Hawaii's waters present unique challenges including heavy tourist traffic, diverse vessel types, and complex jurisdictional issues between state and federal waters. Insurance companies handling maritime claims often have specialized maritime adjusters who understand these complexities and may use them to minimize payouts. Our experienced attorneys understand Hawaii's specific maritime environment, federal admiralty law, and how to investigate factors like weather conditions, vessel maintenance records, operator certifications, and compliance with safety regulations. We know how to hold negligent boat operators, tour companies, and vessel owners accountable while maximizing your compensation under maritime law. Our law firm is here to help you seek compensation for your personal injury claim while prioritizing your well-being.

Representation When You Need Us Most

The mission of our law firm is to achieve outcomes for our clients. With the skill, resources, and commitment to your case, we pursue justice. We are passionate about developing innovative legal strategies to help our clients fully recover.

If you or a loved one has been the victim of a boating accident, your life has likely been seriously disrupted. The compensation you receive can help you heal physically, mentally, and emotionally. Having qualified legal representation is critical. We understand what to do and how liable parties try to avoid paying compensation.

Our representation is complete and thorough. See how we can help you with all the steps involved in claiming compensation.

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