Boat Accident Lawyers

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Your trip to the lake wasn’t supposed to include a trip to the hospital, but that’s exactly what happened, and now you’re left wondering: what’s next?

You’re already dealing with enough right now, and you shouldn’t have to suffer any more than you already have. If you suspect that another’s negligence caused your injuries, our boat accident lawyers at Giroux Pappas Trial Attorneys are ready to fight for you.

We have extensive trial experience and have advocated for justice in a wide variety of cases, including boating accidents, auto incidents, and motorcycle crashes. Our goal is to seek the best possible outcome for you, whether that’s reaching a settlement or going to trial. We treat every case with the same level of dedication, compassion, and knowledge.

You don’t have to fight alone. Schedule your free consultation today.

Areas We Serve

Boating Accidents Can Have Devastating Consequences

Negligent and reckless behavior on a boat causes far more harm than most people realize. In 2024, the Coast Guard reported 3,887 boating accidents nationwide, resulting in 2,170 injuries, 556 fatalities, and $88 million in property damage. Michigan is among the top states for reported boating accidents, along with California, Texas, and Florida. Michigan experienced 120 reported incidents in 2024, resulting in 28 deaths.

Boating injuries can be devastating, physically, emotionally, and financially. Common boating injuries include:

  • Traumatic brain injuries due to collisions, improper docking, or other unsafe practices
  • Slip-and-fall injuries from wet decks
  • Broken bones
  • Loss of limbs due to propellers or severe injuries requiring amputation
  • Hypothermia

Why Boat Accidents Happen

The primary contributing factors to boating accidents include:

  • Negligent, inattentive, or reckless operation (sharp turns, not turning on onboard lights, etc.)
  • Improper lookout for fixed objects and vessels
  • Inexperienced drivers
  • Boat failure
  • Violating navigation rules
  • Speeding
  • Operating a boat under the influence of drugs or alcohol
  • Inclement weather/hazardous waters
  • Congested waters

Inattentive or reckless driving is the top cause of incidents, which is why it’s critical to drive defensively, even if you were only hoping for a relaxing day on the lake.

Danger on Michigan’s Beautiful Lakes

Michigan is known for its beautiful lakes, and both Michiganders and tourists travel to experience them. Where there are people, there are accidents, whether from boating under the influence, reckless driving, or failure to follow boating regulations.

Boat accidents occur more frequently than you think; just a few days ago, four people were rescued after a boat capsized, and last year several news outlets reported incidents on Big Lake, Lake Michigan, Portage Lake, and Lake St. Clair, many of which resulted in fatalities. Lakes, in particular, are where most incidents occur. In Michigan, the most dangerous lakes correlate with population density. Based on the Coast Guard’s 2024 incident report, the most dangerous lakes include:

  • Southern Lake Michigan (near Chicago)
  • Lake Erie
  • Lake Huron

Statistics also show some incidents occurring in the Straits of Mackinac region and some inland rivers and lakes in the Lower Peninsula.

What to Do After a Boat Accident

  1. Turn off the boat.
  2. Ensure you and any passengers are safe. If not, call 911. If you can perform First Aid safely on injured individuals, do so.
  3. Throw life jackets to anyone thrown overboard. Do not attempt to help anyone out of the water if it will endanger yourself or anyone else on board.
  4. Once everyone is safe, move your boat to a safer location, if it’s possible.
  5. Report the incident to legal authorities.
  6. Collect information from the other party, including boat registration numbers, insurance information, phone numbers, and addresses, as well as the contact information of any witnesses.
  7. Take comprehensive photos of both your boat and the other boat. Once you can, write down any details you remember, including the date, time, boat descriptions, sustained injuries, the number of individuals involved, the names of boat operators, etc. These details will be important when you submit a claim.
  8. Seek medical help. Even if you feel fine, some injuries can be delayed.
  9. Talk to an experienced boat accident lawyer before submitting any personal injury claim.

FAQs

What Am I Required to Have on the Water?
  • Life jackets for each person on board; at least one life jacket must be Type I, II, or III USCG-approved.
  • Throwable device (only for vessels 16 feet or longer).
  • Navigation lights that can be seen from a distance of at least two miles away.
  • Type B fire extinguisher (only for boats with permanently installed fuel tanks, flammable materials on board, or closed compartments).
  • A sound-producing device, such as a whistle.
What Is Considered Reckless When Operating a Boat?

Many situations and scenarios could be considered reckless under Michigan law, including:

  • Weaving the boat through congested traffic
  • Operating under the influence of alcohol or drugs
  • Not maintaining proper distance from another vessel
  • Excessive speeding (varies by location)
  • Ignoring directional markings
  • Driving in a restricted area
  • Any other activity that disregards the safety of other individuals on the water.
What Is the Most Common Type of Boat Accident?

According to recent statistics, 929 accidents involved collisions with fixed objects. The other top boat accidents include collision with another vessel (747 incidents), grounding (394 incidents), swamping (262 incidents), and a person falling overboard (239), with the latter being the highest cause of fatalities.

Who Is Allowed to Operate a Personal Watercraft?

Any individual above the age of 14 may operate a personal watercraft. Teenagers must possess a boating certificate and be accompanied by a responsible parent, legal guardian, or designated individual who is at least 21 years old.

What Type of Boats Are More Dangerous to Drive?

Any boat can be dangerous if operated incorrectly or not maintained. The Coast Guard reports that open motorboats accounted for the most casualties (1,346 in 2024), followed by personal watercraft, paddlecraft, cabin motorboats, and pontoons.

What Is Considered Negligence?

The legal definition of negligence is “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.” For boating, that’s any willful activity that puts others at risk of injury or death, including but not limited to:

  • Operating a boat after drinking or using marijuana.
  • Allowing an inexperienced driver to operate the boat.
  • Exceeding the regulated speeding limits.
  • Operating an unregistered boat.
  • Not having protective equipment, including life jackets, on board.
  • Engaging in any reckless driving behavior, whether that’s following another boat too closely or causing damage from the wake of your boat.
What If I Was Negligent?

Michigan operates under a comparative fault rule, meaning the court may reduce economic damages by the percentage of comparative fault. If you were found 30% at fault, your economic damages could be reduced by that percentage. Under comparative law, the person whose injury or death the damages are based on may also be exempt from non-economic damages if found partially at fault.

How Long Do I Have to Submit a Claim?

Boating accidents are considered personal injury cases. In Michigan, you have three years to submit a personal injury claim. However, we recommend submitting a claim as soon as possible, while you can still remember the details of the incident.

Who Can Be Liable?
  • An inexperienced driver
  • An intoxicated driver
  • A distracted driver
  • A driver failing to use proper safety procedures, such as life jackets
  • Equipment failure
  • Excessive speed
  • Struck by a boat’s propellers

If the accident occurred on an inland lake, Michigan boating laws dictate that the owner of the boat is usually liable for the boat accident. In this case, your personal injury attorney will file the lawsuit on your behalf with the circuit court, typically in the county where the accident happened.

Does Maritime Law Apply?

It can, depending on the location of the incident. Michigan and the surrounding states are in a unique situation due to their proximity to the Great Lakes. The Great Lakes are treated as “high seas” for federal admiralty and maritime jurisdiction. Due to this designation, Great Lakes boating accidents are much more complex. The lawsuit will most likely be filed in federal court. 

Maritime Law, or Admiralty Law, applies to incidents that occur on navigable waters (such as large lakes and rivers), commercial vessels, and interstate or international waters. State laws apply to incidents that occur on non-navigable waters. Our attorneys can help you navigate the legal complexities of your specific case.

Don’t Wait—Schedule a Free Consultation Today

Giroux Pappas Trial Attorneys has fought for families across the United States for over three decades. We take the time to understand every detail of your case, thoroughly investigate the facts, and go the extra mile to meet you any time, any place. We know that our clients deserve to be treated with respect from the first consultation through the entire trial process.

If you or a loved one has been injured or killed in a boat accident, contact our office today at (248) 564-3618 or online to schedule a free, confidential consultation.