Boat Accident Lawyer in Atlanta
If You’ve Been Hurt in Georgia, Our Atlanta Boat Crash Attorneys Can Help
Going out on the water is a great way for thousands of Georgia residents to cool down in the midst of a hot summer. Unfortunately, there's always the risk of being hurt in a boat accident. Because boating accidents often happen far from medical services, injuries can be aggravated, and people's lives can be put at risk. That's why it's so important for boat owners, operators, and manufacturers to make safety their top priority.
If someone else's negligence caused your injury, you have legal rights - and an experienced boating accident lawyer can help protect them. That's why you need Gary Martin Hays & Associates on your side. Our attorneys have decades of experience helping people hurt in Georgia boating accidents recover the compensation they need.
“From the time I called in that first day I felt like family. Any questions or concerns I had; someone was always there to answer. And if they could not talk at that moment, they would always call back the same day or send an email right back. Also, they don't make you feel like you’re just another case or just about the money.” - Amanda L., ⭐⭐⭐⭐⭐
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Frequently Asked Questions About Georgia Boat Accidents
Find answers to common questions about boat accidents in Georgia. Use the links below to navigate:
- Where did your boat accident happen?
- What should I do if I was injured in a boat accident in Georgia?
- Who is liable for a boating accident in Georgia?
- What are the most common causes of boating accidents in Georgia?
- What is boating under the influence (BUI)?
- What are the most common types of boating accidents?
- What are the most common injuries in boating accidents?
- What laws govern boat accidents in Georgia?
- How do I prove negligence in a Georgia boating accident case?
- Can I file a wrongful death lawsuit if a loved one died in a boating accident?
- What types of compensation can I recover after a boating accident in Georgia?
- How long do I have to file a boat accident claim in Georgia?
- Do I need a lawyer to handle my boating accident claim?
- What if the boat operator who caused the accident was inexperienced or reckless?
- Can I still recover compensation if I wasn’t wearing a life jacket at the time of the accident?
- What if my boating accident involved a rental boat or a tour company?
- Will my case go to trial, or can it be settled out of court?
- How much does it cost to hire a boat accident lawyer in Atlanta?
Where did your boat accident happen?
We're based in Atlanta and help clients throughout Georgia. Some of the lakes where we've seen serious accidents happen include:
- Lake Allatoona
- Lake Blackshear
- Clarks Hill Lake
- Lake Eufaula
- Lake Harding
- Lake Hartwell
- Lake Lanier
- Oconee Lake
- Richard B. Russell Lake
- Lake Seminole
- Lake Sinclair
- Weiss Lake
- West Point Lake
Any number of forms of negligence could have led to your injuries. You may have been hurt due to a boat operator's negligence, such as boating under the influence. Or your accident may have involved malfunctioning safety equipment on your boat, leading to a product liability claim against the manufacturer.
What should I do if I was injured in a boat accident in Georgia?
If you were injured in a boating accident in Georgia, seek medical attention immediately, even if your injuries seem minor. Report the accident to the Georgia Department of Natural Resources (DNR) if there were injuries, fatalities, or significant property damage. Gather as much evidence as possible, including photos of the accident scene, witness contact information, and the boat operator’s details. Before speaking with the insurance company, consult an Atlanta boat accident lawyer who can protect your rights and ensure you receive the compensation you deserve.
Who is liable for a boating accident in Georgia?
Boating accidents often result from negligence, meaning another party’s reckless or careless actions led to the crash. In Georgia, multiple parties could be liable depending on the circumstances. Determining liability is key to securing compensation. Potentially liable parties in a Georgia boating accident include:
- Boat Operators: If a boat driver was speeding, intoxicated, distracted, or otherwise careless, they can be held responsible for the accident.
- Boat Owners: If the boat owner failed to maintain the vessel properly or knowingly allowed an unqualified or impaired person to operate it, they may be liable.
- Rental Companies: If a rental company provided a defective or unsafe boat or failed to instruct renters on safe operation, they could be responsible for the accident.
- Marinas or Dock Owners: If hazardous dock conditions or marina negligence contributed to the accident, the property owner may be held accountable.
- Boat Manufacturers: If a defective part or mechanical failure caused the accident, the manufacturer could be liable under product liability laws.
Since liability in a boating accident can be complex, an experienced Georgia boating accident lawyer can investigate and determine who is responsible. Holding the right party accountable is crucial to securing the compensation you deserve for medical bills, lost wages, and pain and suffering.
What are the most common causes of boating accidents in Georgia?
Boating accidents don’t just happen — they are often caused by reckless, negligent, or unsafe behavior. Understanding the most common causes of these incidents can help boat crash victims recognize when another party’s negligence may be to blame. The most common causes of boat accidents in Georgia include:
- Operator Inattention: Distracted or inattentive boaters may fail to notice hazards, other boats, or changing water conditions.
- Boating Under the Influence (BUI): Georgia law prohibits operating a boat while impaired, but alcohol remains a leading cause of serious and fatal boating accidents.
- Excessive Speeding: High-speed boating increases the likelihood of collisions, capsizing, and severe injuries.
- Improper Lookout: Every boat should have a designated person scanning for obstacles, other boats, or swimmers. Without one, crashes are far more likely.
- Reckless or Inexperienced Operation: Many boaters lack formal training or experience, leading to poor decision-making and unsafe maneuvers.
- Mechanical Failures: Engine problems, steering malfunctions, or other defects can cause sudden and dangerous accidents.
- Poor Weather Conditions: Sudden storms, strong currents, or fog can make boating treacherous, especially for inexperienced operators.
When a boat accident results from negligence, victims have the right to seek compensation for their losses. An Atlanta boating accident attorney can help determine whether another party’s actions caused the crash and build a case for maximum compensation.
What is boating under the influence (BUI)?
Safely operating a boat requires the operator to be alert, awake, and attentive at all times. Hazards can emerge quickly on the water, and improperly handled boats can collide with obstacles or even capsize. That's why it's so dangerous when people use alcohol or drugs before getting on a boat or other watercraft.
Under Georgia law, boating under the influence (BUI) is treated similarly to driving under the influence (DUI), with the same legal limit for blood alcohol level and similar legal consequences. However, just because the person who hurt you was arrested for BUI doesn't mean you'll get fair compensation for your injuries. To hold them accountable for their negligence — and get your medical bills and other expenses paid — you need our firm on your side.
We'll carefully investigate your accident, interviewing witnesses and reviewing police reports for evidence proving that a negligent boat operator caused your injuries. Depending on the circumstances of your case, we may be able to pursue a "dram shop" claim against the establishment that served alcohol to the operator. Our experienced boat crash attorneys will exhaust all possible options to get you the compensation you need. This may include punitive damages if the person who hurt you was particularly reckless.
What are the most common types of boating accidents?
Boating accidents come in many forms, and some are more dangerous than others. While collisions are the most common, other incidents can lead to catastrophic injuries or fatalities. The most common types of boating accidents in Georgia include:
- Collisions with Other Boats: When two boats collide, passengers can be thrown overboard or suffer serious injuries. These accidents often result from inattention, speeding, or intoxication.
- Collisions with Fixed Objects: Striking docks, piers, rocks, or other structures can cause severe damage and injuries.
- Falls Overboard: A person falling into the water can lead to drowning, especially if they aren’t wearing a life jacket.
- Capsizing (Boat Overturning): Boats can tip over due to rough waters, overloading, or operator error. Passengers risk drowning or being struck by debris.
- Propeller Accidents: Propellers pose a deadly risk to swimmers and passengers who fall overboard. A single strike can cause devastating injuries.
- Grounding: Running a boat aground can throw passengers forward, cause structural damage, and lead to injuries.
Each type of boating accident presents unique legal challenges, especially when proving negligence. A lawyer can help victims gather the necessary evidence and pursue a claim.
What are the most common injuries in boating accidents?
Boating accidents often result in severe, life-changing injuries. Unlike car accidents, victims are exposed to open water, increasing the risk of drowning or hypothermia. The most common injuries in Georgia boating accidents include:
- Drowning and Near-Drowning Injuries: Even strong swimmers can be incapacitated by injuries, cold water, or rough currents.
- Traumatic Brain Injuries (TBIs): Head trauma from impact with a boat, another vessel, or submerged objects can lead to serious brain injuries.
- Broken Bones and Fractures: High-impact crashes, falls, and collisions can cause broken ribs, arms, legs, and facial fractures.
- Lacerations and Amputations: Propeller accidents can cause devastating injuries, including deep lacerations and amputations.
- Spinal Cord Injuries and Paralysis: Falls, high-speed collisions, or being thrown from a boat can cause permanent spinal damage.
- Burns and Explosions: Gas leaks, engine fires, or fuel explosions can result in severe burns and life-threatening injuries.
The aftermath of a boating accident can be overwhelming, but victims don’t have to face it alone. A boat accident lawyer in Georgia can help seek compensation for medical care, lost wages, and future recovery.
What laws govern boat accidents in Georgia?
Boating laws in Georgia help determine liability in an accident and set safety standards for all operators. Understanding these laws is necessary for building a strong injury claim. Key Georgia boating laws include:
- BUI Laws: Georgia has strict BUI laws, with a legal limit of 0.08% BAC for boat operators. BUI can be used as evidence of negligence in an injury claim.
- Life Jacket Requirements: All children under 13 must wear a life jacket on a moving boat. If a victim wasn’t wearing a life jacket, it could impact liability but does not necessarily bar compensation.
- Boater Education Requirements: Anyone born after January 1, 1998, must complete a boater education course to legally operate a vessel. Inexperience can contribute to liability.
- Duty of Care: Boat operators have a legal duty to act reasonably and avoid causing harm. Violating this duty (e.g., speeding, ignoring right-of-way rules) can establish negligence.
- Reporting Requirements: Boating accidents that result in death, injury, or significant property damage must be reported to the Georgia Department of Natural Resources within 48 hours.
Knowing how these laws apply to a boating accident claim is essential. A lawyer can evaluate the details of the crash, identify legal violations, and use them to strengthen a case for compensation.
How do I prove negligence in a Georgia boating accident case?
To recover compensation after a boating accident, victims must prove that another party’s negligence caused the crash. This often requires thorough investigation and strong evidence. Key elements of proving negligence in a Georgia boating accident case include:
- Duty of Care: The at-fault party had a responsibility to operate their boat safely and follow all boating laws.
- Breach of Duty: The at-fault party acted recklessly or carelessly, such as speeding, drinking while boating, or failing to maintain their vessel.
- Causation: Negligent actions directly caused the accident and resulting injuries.
- Damages: The victim suffered financial, physical, or emotional harm as a result of the accident.
Evidence that can support a negligence claim includes:
- Accident Reports: Official reports from law enforcement or the Georgia Department of Natural Resources can provide key details.
- Witness Statements: Testimonies from passengers or bystanders can help establish fault.
- Photos and Videos: Visual evidence of the accident scene, vessel damage, or injuries can strengthen a claim.
- Medical Records: Documenting injuries is crucial for proving damages.
Since proving negligence can be complex, working with a Georgia boating accident lawyer can make all the difference. An attorney can gather evidence, build a strong case, and fight for the full compensation victims deserve.
Can I file a wrongful death lawsuit if a loved one died in a boating accident?
Yes, Georgia law allows surviving family members to file a wrongful death lawsuit if a loved one died due to another person’s negligence in a boating accident. This claim can be brought by a spouse, child, or parent of the deceased, and it seeks compensation for funeral costs, loss of income, and the emotional impact of the loss. Common causes of fatal boating accidents in Georgia include BUI, excessive speeding on lakes like Lake Lanier, and failure to follow safety regulations. An Atlanta wrongful death attorney can help investigate the accident, prove negligence, and ensure your family receives the financial recovery you need.
What types of compensation can I recover after a boating accident in Georgia?
Victims of boating accidents in Georgia can seek compensation for both economic and non-economic damages. This includes medical expenses, lost wages, and property damage, as well as pain and suffering, emotional distress, and loss of enjoyment of life. If the at-fault party was intoxicated or grossly negligent, punitive damages may also be awarded to punish reckless behavior. An experienced boating accident attorney can assess your case, calculate the full extent of your damages, and negotiate for maximum compensation.
How long do I have to file a boat accident claim in Georgia?
Georgia law gives injury victims two years from the date of a boating accident to file a personal injury or wrongful death lawsuit. However, if the accident involved a government-owned boat, such as a law enforcement vessel, the deadline may be much shorter — sometimes as little as six months. Additionally, if your claim involves a minor or a person with disabilities, certain exceptions may apply. Because deadlines can impact your ability to recover compensation, contacting a lawyer as soon as possible is essential.
Do I need a lawyer to handle my boating accident claim?
While you are not required to hire a lawyer, dealing with insurance companies on your own can be risky. Insurers often downplay injuries, blame victims, or offer lowball settlements to avoid paying what you truly deserve. In Georgia, liability in boating accidents can be complicated, especially when multiple parties are involved, such as a negligent boat operator and a rental company. A skilled boating accident attorney can handle negotiations, gather evidence, and fight for a fair settlement — or take your case to court if needed.
What if the boat operator who caused the accident was inexperienced or reckless?
If the boat operator who caused the accident was inexperienced or reckless, they can be held liable for negligence. Georgia requires all boaters born after January 1, 1998, to complete a boating safety course, but many operators still lack experience navigating crowded waterways like Lake Allatoona and the Chattahoochee River. Reckless behavior, such as high-speed boating near docks or ignoring right-of-way rules, can make an operator fully responsible for injuries and damages. A lawyer can help prove their negligence by gathering witness statements, boat operation records, and expert testimony.
Can I still recover compensation if I wasn’t wearing a life jacket at the time of the accident?
Yes, you can still recover compensation even if you weren’t wearing a life jacket, but the insurance company may try to argue that you contributed to your own injuries. Georgia law requires children under 13 to wear life jackets while boating, but adults are not legally required to do so. However, not wearing a life jacket does not excuse the negligence of a reckless boat operator. A lawyer can push back against any attempts to unfairly reduce your compensation and ensure that liability is placed where it belongs.
What if my boating accident involved a rental boat or a tour company?
If your boating accident involved a rental boat or a tour company, additional parties may be liable, including the rental company or tour operator. Georgia law requires rental companies to ensure boats are safe and that renters understand basic operation rules, but some businesses cut corners to increase profits. If you were injured due to a defective boat, lack of proper safety instructions, or an unqualified tour operator, you may have grounds for a claim. An attorney can investigate whether the company violated state regulations and hold them accountable for negligence.
Will my case go to trial, or can it be settled out of court?
Most boating accident claims in Georgia are settled out of court through negotiations with insurance companies. However, if the insurance company refuses to offer fair compensation or disputes liability, a trial may be necessary. Cases involving severe injuries, wrongful death, or multiple liable parties — such as a boat operator and a rental company — are more likely to go to court. A lawyer can assess the strength of your case, negotiate aggressively, and take it to trial if that’s what it takes to get the compensation you deserve.
How much does it cost to hire a boat accident lawyer in Atlanta?
Most boating accident lawyers in Georgia work on a contingency fee basis, meaning you pay nothing upfront, and they only get paid if they win your case. Typically, attorneys receive a percentage of the settlement or court award — usually between 30% and 40%, depending on the complexity of your case. This arrangement ensures that injured victims can afford legal representation without worrying about upfront legal fees. A free case evaluation with a lawyer can help you understand your options and determine the best path forward for your case.
Contact an Atlanta Boat Accident Attorney Today
Boat accident cases can be complex, and evidence disappears quickly on the water. That's why you need to contact us right away. An experienced boat crash lawyer from our firm will carefully investigate your case and help you develop a winning legal strategy. Gary Martin Hays & Associates will stand up to the insurance company and hold the person or company responsible for your injuries accountable.
Act now to protect your legal rights. Contact us today for your free case evaluation. Remember, you pay nothing unless we win your case. Call 1-800-898-HAYS.