Philadelphia Boating Accident Attorneys

Experienced Philly Boating Accident Lawyers Help Those Injured in Boat Crashes in Philadelphia

Pennsylvania is home to a wide variety of waterways, from Lake Erie access in the northwest to the Delaware River in the east. Consequently, boating is a popular Philadelphia-area activity for much of the year.

While boating can provide relaxation, fun with friends and family, and even exercise, it can also pose risks. Every year, Pennsylvanians are injured or lose their lives in boating accidents. If you or someone you love is among them, speak to an experienced Philadelphia boating accident lawyer today. The team at MyPhillyLawyer is here to help. 

Pennsylvania Boating Accident Statistics

The Pennsylvania Department of Boaters and Waterways collects information on boating accidents, injuries, and deaths each year. In 2022, the most recent year in which complete statistics are available:

• 41 boating accidents were reported in Pennsylvania.
• 9 people died in Pennsylvania boating accidents. 
• 7 accidents occurred when one boat collided with another.
• 6 resulted in at least one boat capsizing (turning over). 
• 5 accidents caused an injury to a water skier, and another five accidents caused someone to be thrown from a boat. 

Other accidents included injuries from hitting an object in the water, falling overboard, colliding with or going over a dam, running a boat aground in a shallow area, and fires and explosions.

Factors that may have contributed to fatal injuries in 2022 Pennsylvania boat accidents included:

• Not wearing a life jacket. Of the nine deaths that occurred in 2022, only three people were wearing life jackets.
• Alcohol use. Alcohol use “may have been a factor” in at least three of the deaths that occurred in 2022. 
• Not taking a boater safety course. Of the nine people who lost their lives, five had not taken a boating safety course. In two cases, waterway officials did not know if the lost person had had a boating safety course. 

In addition to these deaths, injuries occur in boating accidents each year. Some of these injuries are severe, causing permanent scarring, pain, and other impairments. 

Common Injuries in Philadelphia Boating Accidents

When a boating accident occurs, those involved can be injured. Common injuries in Philadelphia boating accidents include:

• Head, neck, and spinal cord injuries. Damage to the head, brain, neck, and spinal cord can all cause lingering issues with movement, sensation, and other essential functions. 
• Broken bones. The impact of an accident can cause bones to break. Broken bones may require surgery to treat. They may also leave lingering issues with pain and mobility. 
• Burn injuries. Fires on boats can easily cause burn injuries. Fires may occur due to a collision or a defective motor. 
• Exposure injuries. Immersion in cold water is linked to several deaths and injuries in Philadelphia boating accidents each year. Hypothermia can easily cause injury or death.
• Drowning or near-drowning. When oxygen flow to the brain is impaired, serious injuries or death may occur within minutes. 

Other types of injuries may also occur during a boating accident. While boater safety training and lifejackets can help protect boaters, they cannot prevent all injuries, nor can they ensure that others on the waterways use due care to prevent accidents. 

Responsibilities of Boat Operators in Pennsylvania

According to the Pennsylvania Fish and Boat Commission, boat operators in Pennsylvania are responsible for:

• Knowing which rules and regulations apply to the places they plan to go boating.
• Knowing what to expect in the waters in which they will boat.
• Equipping themselves and their boats with all required safety equipment.
• Overseeing the actions of everyone on board their boats. 

The PFBC also notes that Pennsylvania law makes it illegal to:

• Operate a boat “in a reckless, negligent or dangerous manner.” 
• Operate a boat at a faster than no-wake speed within 100 feet of the shoreline, docks, swimmers, other boats, and floats. 
• Operate a boat of less than 20 feet in length at a faster-than-no-wake speed while someone is standing up in that boat or riding on the decking, gunwales, transom, or motor covers.
• Weave through boat traffic.
• Operate certain boats or personal watercraft if you are younger than the minimum age requirements. 

Other laws also apply to boats on Pennsylvania waterways. If someone is injured because a person violated any of these laws, the person violating the laws may be held accountable for the harm their actions caused. 

To help Pennsylvania boaters understand the rules and practice boating safety, the PFBC offers courses on boating safety. Classes can be taken online or in person. 

What to Expect in a Pennsylvania Boat Accident Case

A boating accident case in Pennsylvania is typically a type of personal injury claim. All personal injury claims in the state must follow Pennsylvania court rules and procedures. An experienced attorney can help you ensure that you navigate these complex rules effectively so that your case can be heard in court. 

Rules for personal injury cases in Pennsylvania include rules governing time limits to bring a case and rules for compensation. 

Time Limits

Pennsylvania personal injury cases fall under a two-year time limit. Known as the “statute of limitations,” this rule requires that any personal injury claim is filed in court within two years of the date of injury. If the case isn’t filed at this time, it cannot be heard in court. 

Some exceptions apply to the two-year time limit, but they are narrow. It’s important to speak to an experienced boating accident lawyer as soon as possible after an injury or death. Even if you suspect the time limit may have passed, speak to an attorney to learn how the rules apply and what you can do. 

Compensation

In a boating accident case in Pennsylvania, you will need to show not only that another person’s or company’s negligence caused your injuries but also that you suffered losses as a result of those injuries. An injury claim compensates you for these losses in the form of monetary damages. 

Typically, courts think about compensation in two categories. “Economic” damages cover financial losses, while “non-economic” damages cover non-financial losses.

Economic Damages

Economic damages include many types of losses you can demonstrate with bills, receipts, pay stubs, and other paperwork. Putting a number on economic damages is usually straightforward: these damages are money you lost because you were injured.

Common types of economic damages include:

• Medical bills, including emergency care, surgery, hospital stays, rehabilitation and therapy, prescription medications, medical devices, and equipment. 
• Lost wages, including time you lost from work due to your injury, and lost future wages if your injuries prevent you from ever working again. 
• Repair or replacement costs for damaged property. 
• Mileage for travel to and from medical appointments.
• Any other financial losses caused by your injuries.

Non-economic Damages

Non-economic damages don’t usually come with a price tag attached. As a result, these amounts can be more challenging to calculate. This does not mean, however, that non-economic losses aren’t real. Many people who are injured in Philadelphia boating accidents find that their non-economic losses weigh just as heavily as their economic losses. 

Common types of non-economic damages include:

• Pain and suffering,
• Loss of enjoyment of life, if your injuries prevent you from participating in activities you once enjoyed – from hobbies to doing chores or taking care of your family.
• Scarring and disfigurement.
• Mental and emotional trauma associated with the accident. 

In discussions of compensation, it is common for the other side to claim that you were partly or entirely responsible for your accident. In Pennsylvania, “comparative negligence” rules determine what happens to your compensation amount if you’re found to be partly at fault for what happened. 

Pennsylvania follows a 51 percent comparative negligence rule. Under this rule, you can recover damages for your injuries if you were 50 percent at fault or less. If you’re 51 percent or more at fault, however, you can recover no damages.

Even if you’re found to be 50 percent at fault or less, that percentage affects your compensation award. For example, if you’re found to be 30 percent at fault for your injuries, your total compensation is reduced by 30 percent. 

Comparative negligence calculations can be complex, and percentages can add up quickly. For this reason, it’s essential to work with a dedicated Philadelphia boating injury attorney on your case. 

Speak to an Experienced Philadelphia Boating Accident Lawyer Today

Boating days often begin with a sense of joyful anticipation. You look forward to getting out on the water, enjoying the fresh air, and relaxing. 

An accident turns this joy into fear in an instant. Suddenly, you’re struggling to recover from serious injuries. You’re wondering if you’ll ever get back in a boat again – or go to work, take care of chores around the house, or enjoy the same activities you used to do with your family and friends. You’re worrying about how you’ll pay your medical bills and other expenses. You fear the future may never be the same. 

If this sounds familiar, you’re not alone. Talk to the experienced Philadelphia boating accident attorneys at MyPhillyLawyer today. We’ll help you understand your legal rights and pursue the best legal options for your family. Reach out to us today to learn more and to schedule a free, confidential consultation with one of our dedicated lawyers.