The state of Georgia requires that certain boating accidents be reported under specific conditions. You are required to report boating crash incidents in Georgia if a death or disability occurs, anyone is seriously injured, or anyone is lost in a body of water. There are also time limits that apply to filing your boating incident or accident report to the appropriate agency.
You are not required to file your report or obtain a copy on your own. There are also personal injury statutes of limitations that affect your claim. Both of these deadlines are an important part of your injury claim, should you file one. With sufficient notice from you, an Atlanta boating and watercraft accident lawyer can also help you file your boat accident lawsuit within its allotted time.
How Can a Boating Incident Report Support a Personal Injury Claim?
Similar to a police report in a car accident case, a boating accident report can provide you and your legal team with valuable information that supports your compensation claim. It can tell your Atlanta personal injury lawyers:
- Contact details for each boat operator
- The number and name of each boat
- Contact details for each boat owner
- The accident’s date, time, and location
- Causes of reported injuries and demises
- The type and extent of each injury
- A detailed property damage list
- A detailed description of damage to the boat
The official report will also note each boat’s make, model, type, hull identification number, and other identifying information. This can help your legal team define who to pursue for financial compensation.
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Who is Responsible for Filing a Boating Crash Incident Report in Georgia?
Any person operating a boat on the water in Georgia must report an incident in a timely fashion. An oral report may be required under certain circumstances. O.C.G. A. § 52-7-14 describes the state’s requirements for filing a report after a boating accident. Accordingly:
- A death that occurs onboard must be reported within 24 hours of the incident
- A disability lasting more than 24 hours must also be reported.
- Injuries severe enough to require medical treatment must be reported
- A report must be filed if anyone disappears from the boat in question
Except for the specific incidents listed above, accidents must be reported within five days of their occurrence. The necessary forms must be completed and submitted to the appropriate authority. If the boat operator’s injuries prevent them from making a report, an official investigating the accident can do so.
Where Can You Get a Copy of the Official Boating Incident Report?
If you filed your boating accident report in Georgia, you can obtain a copy from Georgia Department of Natural Resources (DNR) officials. Depending on where your boating accident occurred, you could also have been required to report your accident to the Coast Guard or other official agencies. Obtain a copy for your records and one for your attorney.
Does the Personal Injury Statute of Limitations Apply to Boating Injury Claims?
A boat accident report and statute of limitations are two different things, though each is mandatory. In Georgia, you generally have two years to file your personal injury lawsuit or wrongful death claim, according to O.C.G.A § 9-3-33.
The court may disallow or dismiss a lawsuit that is not filed on time. The at-fault party’s insurance company might also refuse to negotiate a settlement. You can avoid these potentially costly consequences by filing your lawsuit within the allotted time. A boating accident lawyer can help you interpret and comply with the statute of limitations.
What Types of Damages Are Recoverable in a Boating Accident Claim?
Because you are surrounded by water, a boating accident can lead to severe injuries from being tossed around the boat in a collision and from flying objects and debris. The risk of falling overboard can also result in serious injuries or the loss of a loved one.
The common types of damages you can recover include:
- Economic damages, including past and future medical bills, emergency care expenses, past and future lost wages, property damage, property destruction, and diminished property value.
- Non-economic damages, including lasting disability, disfiguring injuries, pain and suffering, inconvenience, mental anguish, emotional trauma, and diminished quality of life.
- Wrongful death damages, including the costs of your loved one’s final arrangements, loss of their financial support and domestic input, and loss of consortium and companionship.
You do not have to assess the value of your personal injury claim on your own. A lawyer can help you build a strong case file that includes proof of your accident’s financial losses. A detailed list can help you maximize your financial recovery.
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Who is Liable for Financial Compensation After a Boat Accident?
A crucial part of investigating your boat accident is identifying and pursuing the appropriate party for financial recovery. In most cases, the owner of the boat is liable for compensating you. If you were involved in an accident on a party bus, the company could be liable.
The at-fault party is identified by proving these elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
Additional potentially liable parties can include the person who was operating the boat at the time of the accident or a boat mechanic or repair shop if their negligence led to the accident.
Even a governmental or municipal agency could bear liability if obstructed or otherwise faulty waterways were the cause of your accident. If so, you generally have six months to file a claim for compensation. A lawyer can help you meet all reporting requirements and filing deadlines.
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Get Help with Filing and Understanding Boating Crash Reports in Georgia
If you or a loved one was injured in a boating accident, or a loved one was fatally injured, our law firm can help you seek financial compensation. An accident report can help substantiate your case. It can provide your legal team with valuable information that supports your right to damages.
Find out when and where you are required to report boating crash incidents and accidents in Georgia. Contact our consultation team at Kaine Law to discuss your accident during a free initial consultation today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
