When a vessel sinks in Washington State, the fallout can be devastating. Those who survive are often left with lifelong trauma and serious injuries, and for those who lose loved ones in the sinking, the course of their lives changes forever. Figuring out who is liable for the accident and demanding accountability can bring you a sense of peace—and BoatLaw, LLP can help.
Led by maritime attorneys Nick Neidzwski and Douglas Williams, BoatLaw, LLP advocates for victims of all sorts of boating accidents. Our team of vessel sinking attorneys supports overwhelmed victims and grieving loved ones as they recover from what they’ve experienced. Set up a time to discuss your case with our team now by calling us at 1-800-BOATLAW.
Understanding Vessel Sinking Liability
When a victim meets with our vessel sinking law firm, we discuss their accident in great detail to figure out exactly what happened and what went wrong. A number of factors determine who is at fault for a boat sinking, and only through analyzing the evidence can we figure out who is to blame. When you know who is to blame, victims are one step closer to getting the compensation they deserve.
Liability often hinges on negligence—who did not take reasonable steps to ensure the safety of passengers and others on the waterways? However, it’s not always quite so cut and dry in these scenarios. Inclement weather may be considered an “act of God” that isn’t anyone’s fault. But when poor weather is predicted by weather forecasts, operators may be considered negligent for choosing to go out on the water anyway.
Key Factors Affecting Liability
Vessel sinking lawyers use a number of factors when figuring out who is liable for an accident. If an operator fails to take proper steps to keep passengers and others safe, they may be considered liable. For example, an operator may be liable if they do not do necessary safety checks before setting off, knowingly sail in dangerous weather, or sail in an area that far exceeds their sailing skills.
On a commercial vessel, you also have to look at the company operating the vessel and the employees on board. If an employer sets sail with poorly trained employees or with a skeleton crew that cannot safely operate in inclement weather, they may be held responsible for any accidents that follow.
Your vessel sinking attorney may also look at compliance with maritime laws and regulations. When an operator is out of compliance, this may indicate negligence.
Washington State Laws Regarding Boating
In general, maritime accidents fall under federal law. However, Washington State does have regulations in place that determine who can operate a vessel and which vessels can be operated. To operate a power-driven boat, an individual with a Boater Education Card must be 12 or older. Those who are 14 or older can operate a personal watercraft with a Boater Education Card. Before a boat can be operated on Washington waters, it must be registered with the Washington State Department of Licensing.
These laws can also come into play when a vessel sinks. Failing to comply with state laws may lead to claims of negligence.
Injury Claims
Victims can seek compensation after a vessel sinks. The party who is liable for the collision may face criminal charges, lose their boating license, or be the target of personal injury claims. With the help of a vessel sinking law firm, you can gather evidence that proves who the at-fault party is. You’ll also need evidence of your injuries and financial losses if you want full and fair compensation.
While maritime injury claims do sometimes go to court, they are often settled out of court for the benefit of both the plaintiff and the defendant. When a case is settled out of court, grieving family members do not have to hear the painful details of the sinking in court, nor do they have to watch the at-fault party defend themselves. A settlement also limits risk on both sides.
Discuss Your Case With BoatLaw, LLP
Our team of vessel sinkings attorneys is here to support you as you explore your options for compensation. Let’s talk more about your case and your next steps; call us at 1-800-BOATLAW or reach out to us online.
Nicholas J. Neidzwski is a trial attorney who handles maritime and personal injury litigation. Appearing for plaintiffs in state and federal courts throughout Washington, California, Oregon, Alaska, and other jurisdictions. Nick’s litigation experience includes the successful resolution of various Jones Act, general maritime, and product liability cases on behalf of many different individuals. Nick was named a Rising Star by Super Lawyers 2016 through 2024. Learn more here.
