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If you have been injured in a boating accident, you may be entitled to financial compensation when you can prove that someone else was to blame. The maritime accident injury attorneys at The Law Offices of Preston Easley APC can fight for your legal rights if you have been injured in a boating accident.
Which vessel has the right of way is determined by the position of the boats on the water. One boat is designated as the give-way vessel, which imparts the obligation on the operator to yield the right of way and take all necessary steps to avoid an accident. Although that operator is not automatically liable in the event of a boating accident, they would need to prove that they did everything in their power to both yield and detect the presence of the other boat.
Schedule a free initial consultation with the maritime accident attorneys at the law offices of Preston Easley APC. We can review your case and determine whether you may be eligible for compensation.
There Are Established Rules for Who Has the Right of Way on the Water
When boaters are out on the water, they must follow their own rules for who has the right-of-way. Although these rules may be similar in spirit to those that exist for roads, there are additional scenarios and responsibilities that exist for boaters. The failure to follow right-of-way rules could lead to serious injuries in boating accidents.
When it comes to the right of way, there are two different categories of boaters:
- Stand-on vessels: These vessels are the one that has the right-of-way in a given situation
- Give-way vessels: These vessels must yield the right-of-way to the stand-on vessel
These “rules of the road” apply to any body of water, both within the United States and offshore. They apply to anything that meets the definition of a “vessel,” which includes every watercraft. Before anyone operates a vessel, they would need to know which boater has the right-of-way under any circumstance.
When Is a Boat Designated as the Give Way Vessel?
The situation determines which boat is the “give way vessel.” If there is a boat to the right of the operator’s starboard, that vessel is the one which has the right of way. However, if a boat is approaching from the port side, the other boat would be the stand-on vessel, and they can continue on their current course and maintain their speed. There are various situations that can make one vessel the “give way boat,” including:
- Crossing situations – When two power-driven vessels are crossing, the vessel that has the other vessel to the right side is the give-way vessel.
- Approaching a power-driven vessel from the side – Power-driven vessel A approaches the port side of power-driven vessel B. Here, Vessel A is the give-way boater.
- Overtaking – The boat that is overtaking the other is the one that must give way
- Power vs. sail – The power boat must yield the right of way to a sailboat, unless the sailboat is overtaking
The give-way boater is the one who has the responsibility to take action to avoid any sort of collision. This action must be both substantial and early. For example, the give way boater could slow down or change their course, or do both at the same time. They can only maintain their speed and course if it is safe to do so. Further, the operator of the give-way vessel must monitor their surroundings, using sight, hearing and other instruments. The give-way vessel would generally need to remain out of the way of the stand-on boat. In other words, it would be the primary responsibility of the give-way boater to take the actions necessary to avoid an accident.
However, the give-way voter is not automatically negligent solely by virtue of the fact that there was an accident. The stand-on boater has their own legal responsibility, namely to act reasonably under the circumstances. The operator of the stand-on boater may make it difficult for the give-way vessel to yield and avoid a potential incident. Liability would be determined based on the facts and circumstances of the situation.
If you have been injured in a boating accident when the give-way vessel failed to adhere to its responsibilities, you may be entitled to financial compensation. First, you would need to prove that the boat operator was negligent in the events leading up to the accident. An experienced boating accident attorney could investigate the accident and gather the evidence necessary to prove liability.
Contact a Southern California Maritime Accident Law Firm
If you have been injured in a boating accident, seek legal help from the Southern California maritime accident attorneys at the Law Offices of Preston Easley APC. You can schedule a free initial consultation by filling out an online contact form or by calling us today at (310) 773-5207.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
