Boat Accidents in Savannah, GA: Laws, Stats, and Cases

Savannah, Georgia is steeped in history and has beautiful waterways. Boating is a big part of that. But boating comes with risks and accidents happen. Knowing the laws, stats and significant personal injury cases related to boat accidents is important for anyone on the water—recreationally or professionally.

In this article we will cover the laws surrounding boat accidents, the stats and a notable case from Savannah’s maritime history. This guide is for boaters, lawyers and the general public to understand the risks, rights and responsibilities of boating in Savannah.

Personal Injury Boat Accident Laws in Savannah, GA

Knowing the legal landscape surrounding boat accidents is important for those impacted by maritime incidents. In Savannah, personal injury claims from boat accidents are governed by both state and federal laws. These laws are designed to hold people accountable and safe on the water and provide a way for victims to get compensation.

 Laws for Boat Accidents in Georgia

Savannah is near the Atlantic Ocean and the Savannah River so boating is big in this area. But with more traffic on the waterways comes the risk of accidents. Personal injury boat accident cases in Savannah are under Georgia state law and federal maritime law depending on where the incident occurred.

Boating Rules

Georgia has strict boating regulations through the Department of Natural Resources (DNR) to ensure both recreational and commercial boaters follow the rules. Boaters born after January 1, 1998 must have a boating license and must carry safety equipment like life jackets and fire extinguishers (O.C.G.A. § 52-7-8). Failure to follow these rules can result in fines and more importantly can be used as evidence of negligence in personal injury claims.

Navigation Rules and Speed Limits

Savannah has many vessels on its waters from small recreational boats to large commercial ships. Navigation rules are key to preventing collisions and include right-of-way rules, passing distances and speed limits. Breaking these navigation rules can cause accidents and in many cases the operator is found negligent.

Federal Maritime Laws

If an accident happens on navigable water, federal laws like the Jones Act and general maritime law may apply. These laws are important in commercial boat cases and can provide additional ways for injured parties to get compensation.

Negligence and Liability in Boat Accidents

Proving negligence is key to any personal injury claim from a boat accident. Liability is usually assigned to the party that was negligent whether by operating a vessel recklessly, violating boating rules or failing to maintain safety equipment on the boat.

Comparative Negligence in Georgia

Georgia is a comparative negligence state (O.C.G.A. § 51-12-33) which means if the injured party is found partially at fault for the accident their compensation will be reduced by that percentage. For example if a court finds the injured party 20% at fault for not wearing a life jacket their potential compensation will be reduced by 20%.

Types of Negligence in Boat Accidents

Negligence in boat accidents can be:

• Reckless Operation: Speeding, making sharp turns or operating a vessel while intoxicated can cause accidents.
• Failure to Maintain Equipment: It’s the operator’s responsibility to make sure the vessel is in good working condition. Faulty equipment like malfunctioning engines or steering mechanisms can be negligence.
• Failure to Follow Boating Rules: Operators who ignore safety protocols like carrying life jackets or speed limits can be held liable if an accident happens.

Commercial Vessels

Commercial boats like tour boats or fishing vessels have higher standards since they are in business. In a commercial boat accident, negligence can include the company’s failure to properly train operators, maintain the vessel or follow safety guidelines.

How to File a Personal Injury Claim After a Boat Accident

If you or a loved one has been in a boat accident in Savannah, you need to know the process of filing a personal injury claim. Time is of the essence and documentation is key to getting what you deserve.

What to Do Immediately After a Boat Accident

1. Get Medical Help: Your health and safety is first. Even if injuries seem minor get a medical evaluation to document any potential long term damage.
2. Report the Accident: Boat accidents must be reported to the Georgia DNR if there is significant property damage, injury or death.
3. Collect Evidence: Take pictures of the scene, get witness statements and document what happened before the accident. This evidence will be crucial to your personal injury case.
4. Contact a Personal Injury Attorney: Navigating personal injury law can be complicated. Get an attorney involved early to protect your rights and get the most compensation.

Statute of Limitations for Boat Accident Claims

In Georgia the statute of limitations for personal injury claims from a boat accident is two years from the date of the accident (O.C.G.A. § 9-3-33). But waiting too long to file a claim can hurt your case as evidence will deteriorate and witness memories will fade over time.

Types of Damages in Boat Accident Cases

When you file a personal injury claim you need to know the types of damages you can recover. Damages fall into two categories: economic and non-economic.

Economic Damages

• Medical Expenses: Boat accident injuries require immediate and ongoing medical treatment. Victims can claim for hospital bills, rehabilitation costs, prescription medications and long term treatment like physical therapy.
• Property Damage: If your vessel or personal property was damaged in the accident you can claim for repair or replacement of the damaged items.
• Lost Wages: In cases where injuries prevent victims from going back to work, lost wages can be claimed. This can also include loss of future earning capacity if the injuries result to long term disability.

Non-Economic Damages

• Pain and Suffering: This is often the largest part of non-economic damages. Pain and suffering damages are for the physical pain and emotional distress caused by the accident.
• Loss of Enjoyment of Life: Boat accident victims who have long term injuries that limit their ability to enjoy life like they used to, such as losing the ability to boat or engage in other hobbies, can claim for loss of enjoyment.
• Emotional Distress: A serious boat accident can cause psychological issues like anxiety, depression or post-traumatic stress disorder (PTSD).

2023 Savannah Boat Accident Statistics

Savannah’s waterways are some of the busiest in Georgia so there are a lot of boating incidents every year. Looking at recent statistics will give us valuable information on the safety trends and common causes of accidents.

Reported Boat Accidents

In 2023 Savannah had approximately 45 reported boat accidents. These accidents ranged from minor collisions to serious accidents with injuries and fatalities. 45 may seem moderate considering the high boating activity in the area but it’s a reminder to always be safe and aware on the water.

Types of Accidents

The most common types of accidents in 2023 were:

• Collisions with Other Vessels: These accounted for a large percentage of the reported incidents. Most of these collisions were due to rule of navigation violations or failure to follow speed limits.
• Capsizing: Several boaters capsized, mostly during storms or when navigating narrow waterways.
• Falls Overboard: Accidents involving people falling overboard were also common, mostly when boaters didn’t wear life jackets or when vessels were overcrowded.

Injuries and Fatalities

Out of the reported accidents, 30% resulted to injuries, with common injuries being broken bones, concussions and cuts from sharp boat equipment. Fatalities were relatively rare but did occur, so boating in Savannah’s waters is still a dangerous activity.

Demographics of Accidents

The data showed that accidents affected a wide range of people, from seasoned boaters to inexperienced operators. A significant percentage of the accidents involved unlicensed or inexperienced boaters, so proper training and following of safety protocols is a must.

Notable Boat Accident Case in Savannah’s History

Case: Smith v. River Adventures LLC

One of the most notable boat accident cases in Savannah was Sarah Smith, a local who suffered life changing injuries while on a commercial tour boat operated by River Adventures LLC. The case showed the importance of operator safety, following protocols and the legal consequences of negligence on commercial vessels.

Incident Summary

The accident happened when the commercial tour boat, with over a dozen passengers on board, collided with a stationary object on the Savannah River due to the operator’s negligence. The operator was distracted and not following navigation rules, didn’t slow down or turn when he should have and the boat collided. Sarah Smith, a passenger, was thrown from her seat and suffered severe injuries including a broken leg and spinal cord damage.

Legal Proceedings

The case was filed in Chatham County Superior Court, Smith’s lawyers argued that River Adventures LLC failed to train the boat operator and didn’t ensure the safety of the passengers on board. The defense argued that Smith was partially responsible for not following safety instructions, like wearing a seatbelt, but the court found this defense unsubstantiated.

Settlement

After several years of negotiations and expert testimony from maritime safety professionals, the case was settled for $2.8 million. The settlement covered Smith’s medical expenses, lost wages and non-economic damages like pain and suffering. The case put a spotlight on the safety practices of commercial tour operators in Savannah and led to increased scrutiny and stricter regulations especially on operator training and vessel maintenance.

Impact to Savannah’s Boating Industry

As a result of the Smith v. River Adventures LLC case, local and state authorities increased inspections of commercial vessels and introduced mandatory operator safety training for all commercial boat companies. The case set a precedent for holding operators liable and emphasized the importance of following boating laws to protect passengers and prevent accidents.

Boat Accident Lawyers in Savannah

For boat accident victims, having the right legal representation is key. Maritime law is complex and the regulations for boaters in Georgia is specific so you need an attorney who specializes in boat accident claims.

Investigation and Evidence Gathering

A skilled personal injury lawyer will investigate the boat accident and may:

• Accident Scene Analysis: Lawyers work with maritime experts to recreate the accident scene and figure out what happened and why.
• Witness Statements and Testimonies: Get statements from eyewitnesses and boat passengers to prove negligence or operator fault. These statements are crucial in building a case.
• Expert Opinions: In more complex cases, experts in boat mechanics, navigation and maritime operations may be called to testify on what went wrong and how it could have been prevented.

Medical Evaluation and Documentation

Proving the extent of injuries is key in personal injury claims. Lawyers will work with medical professionals to make sure all injuries are documented and ongoing medical treatment is considered when seeking compensation. Medical reports are important in determining the amount of damages that can be awarded especially in cases of long-term injuries or disabilities.

Customized Legal Approach for Boat Accident Victims

Every boat accident is different and experienced lawyers will tailor their approach to the circumstances of the accident and the client.

• Negotiating with Insurers: Insurers will try to lowball the settlement but a skilled lawyer can negotiate on behalf of the victim for a fair settlement.
• Litigation: If negotiations with the at-fault party or their insurer fails, litigation may be necessary. A lawyer can represent the victim in court, present the evidence and argue for maximum recovery.
• Recovery: Lawyers make sure victims get compensation for both economic and non-economic damages. This includes medical expenses and lost wages but also pain and suffering and loss of quality of life.

Client Support

In addition to legal representation, lawyers provide support to clients during this stressful and traumatic time. They guide clients through the process, explain what’s involved and keep them updated on their case. This support allows clients to make informed decisions about their legal strategy and future.

Boating Safety Tips to Avoid Accidents

While legal recourse is available for boat accident victims, prevention is always better. Boating safety is everyone’s responsibility and knowing the best practices can help reduce the number of accidents in Savannah’s waters.

Wear Life Jackets

One of the easiest and most effective safety measures is to wear a life jacket. Whether you’re operating a small personal watercraft or a larger boat, life jackets should be worn by all passengers. In the event of an accident, life jackets can save lives by keeping you afloat especially if you’re injured or unconscious.

Follow Navigation and Speed Rules

Georgia’s boating laws, especially those related to navigation and speed limits, are designed to keep the waterways safe. Boaters should always be aware of their surroundings, follow speed limits and right-of-way rules. Operating a vessel recklessly or speeding in congested areas increases the risk of accidents.

Don’t Boat Under the Influence

Boating under the influence of alcohol or drugs is illegal and very dangerous. Alcohol impairs judgment, slows reaction time and reduces coordination – all critical when operating a vessel. In Georgia, boating under the influence (BUI) carries heavy penalties and if you’re found to be intoxicated at the time of an accident you can be charged with a crime and held liable for damages.

Regular Maintenance and Inspections

Boat owners should regularly inspect their vessels to make sure they’re in good working condition. This includes checking the engine, navigation lights and safety equipment like fire extinguishers. Proper maintenance can prevent mechanical failures that can lead to accidents on the water.

Take a Boating Safety Course

New and experienced boaters can benefit from a boating safety course. These courses cover navigation rules, emergency procedures and safe boating practices. Many organizations including the U.S. Coast Guard and Georgia DNR offer boating safety courses for recreational boaters.

Bottom Line

Boating accidents in Savannah, Georgia present special challenges, legally and in terms of safety. Knowing the laws, statistics and cases related to boat accidents can help boaters, lawyers and the community at large be informed and take precautions. If you’re injured in a boat accident, the road to recovery is long and tough but having an experienced lawyer can make a big difference in your personal injury claim.

Keller Swan handles personal injury claims for boat accidents in Savannah. If you or a loved one has been injured in a boat accident, we can help. Contact us today to talk about your case and get your options for getting the compensation you’re owed.