With thousands of miles of rivers and 53 miles of coastline along the Gulf of Mexico, Alabama is a popular site for commerce, boating, fishing, and maritime recreation. However, a relaxing day on the water can turn into a tragedy in an instant.
At Moore Law Firm, our boating accident lawyers in Mobile, Alabama understand that victims often face physical pain, significant medical bills, and emotional trauma after an injury. Since 1985, we’ve served more than 15,000 injury victims in Alabama. Our Mobile personal injury attorneys provide the compassionate, dedicated advocacy you need to help your family heal and secure the compensation you deserve.
Key Takeaways
- Determining liability — Multiple parties may be liable after a boating or Jet Ski accident, including boat operators, owners, rental companies, or manufacturers.
- Damages and deadlines — You may be entitled to compensation for damages like medical bills lost wages, and pain and suffering. Acting quickly helps protect your right to recovery under Alabama law.
- Immediate steps — Seek safety and medical care ASAP, document the scene, report the incident to the Alabama Law Enforcement Agency (ALEA), and contact our Mobile boating accident attorneys.
- Local experience matters — Navigating the intersection of Alabama state law and maritime law requires a legal team with decades of experience handling boat accident cases in Mobile.
Common Causes of Jet Ski and Boat Accidents in Alabama
Boating Under the Influence
Operating a vessel with a Blood Alcohol Content (BAC) of 0.08% can result in a boating under the influence (BUI) charge in Alabama. However, the dangers of using alcohol or drugs on the water extend to everyone on board.
Intoxicated Operators
An impaired person in physical control of a boat or Jet Ski is a danger to every other vessel and person on the water. Because alcohol impairs judgment, vision, and reaction time, BUI is a leading cause of catastrophic collisions. At Moore Law Firm, our boating accident lawyers aggressively pursue claims against impaired operators to hold them accountable.
The Role of Intoxicated Passengers
A passenger’s impairment can be just as dangerous as an operator’s, and can lead to:
- Increased risk of falling overboard
- Operator distraction
- Severe injury or death
Reckless Operation and Inexperience
Many accidents occur because of speeding, reckless operation in no-wake zones, or failing to follow established rules for waterways. Although motorized boat operators must be licensed in Alabama, inexperience also remains a primary cause of accidents.
Distracted Operation and Nighttime Visibility
Situational awareness and focused attention are critical when operating a watercraft. The “proper lookout” rule means that operators should constantly scan the bow, port, and starboard sides for boats, swimmers, dive flags, and debris. When towing someone skiing or tubing, another dedicated observer or wide-angle mirror is required.
Failure to pay attention or use proper navigation lights at night can lead to devastating collisions with other vessels or fixed objects like piers and channel markers.
Inclement Weather and Equipment Failure
Sudden storms or heavy currents can capsize a vessel, so it’s essential to be aware of potential weather hazards at all times. If a defective product or malfunction like a steering failure or engine fire caused the accident, the manufacturer or maintenance provider may be responsible for damages.
Injuries and Fatalities in Boating Accident Cases
Boating accidents often involve high-impact forces and the danger of submersion and drowning.
Common Boat Accident Injuries
Our boating accident lawyers understand the physical, emotional, and financial impact of injuries such as:
- Traumatic brain injury (TBI)
- Spinal cord injuries and paralysis
- Broken bones and orthopedic trauma
- Severe lacerations and propeller injuries
- Near-drowning complications
- Psychological conditions like Post-Traumatic Stress Disorder (PTSD)
Wrongful Death
If you’ve lost a loved one in a boating accident, you may be able to seek punitive damages. Under Alabama law, these are the only type of damages awarded in wrongful death claims. The goal is to punish the negligent party and deter others from similar reckless behavior. Our boating accident attorneys in Mobile handle these cases with compassion and are dedicated to helping families find justice.
Recovering Damages after a Boating Accident
Economic Damages
Injuries sustained in boating accidents may require extensive medical treatment and long-term care. Our boating accident attorneys fight to help you recover economic damages such as:
- Current and future medical expenses
- Lost wages
- Diminished earning capacity
- Physical therapy and long-term rehabilitation
- Home modifications
- Assistive medical devices
- Property damage
Non-Economic Damages
The intangible toll of being hurt in a boating accident can be life-changing as well. Your personal injury lawyer can help you seek compensation for:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
Who is Liable in a Boating Accident?
Identifying the responsible party after a boating accident can be a convoluted process. Depending on the circumstances, multiple parties may be liable, which makes a case even more complex.
Potentially liable parties include:
- Boat operator
- Boat owner, if they allowed an unlicensed or inexperienced person to use their watercraft
- Rental company
- Marina
- Repair and maintenance providers
- Watercraft and parts manufacturers
- Government entities
State vs. Federal Boating Laws
The legal path of a boat accident claim depends on where the accident occurred. While Alabama state law governs inland lakes, accidents on navigable waters like Mobile Bay or the Gulf of Mexico may trigger federal maritime law or the Jones Act, which involve different standards for personal injury claims than Alabama state law.
What is The Jones Act?
The Jones Act is a federal law that protects maritime workers who are considered seamen. Unlike standard workers’ compensation claims, this law allows them to seek damages from an employer if they fail to provide a safe environment or seaworthy vessel.
- Maintenance and cure — These benefits are available to seamen injured on a vessel, regardless of who is at fault. Maintenance provides a daily living allowance for food and lodging. Cure requires your employer to provide all necessary medical treatment until you reach maximum medical improvement (MMI).
- Personal injury claims — You can pursue compensation for damages like lost wages, diminished earning capacity, and pain and suffering, even if your employer or a coworker was even 1% at fault for your injury.
- Extended deadlines — Most Jones Act claims provide a three-year window to file a lawsuit, while the statute of limitations for Alabama personal injury cases is typically two years.
Who Qualifies as a Seaman?
To be considered a seaman, your role must contribute to the vessel’s function or mission while it is in navigation. Your attorney can determine if you meet the necessary criteria:
- The 30% standard— You must typically spend at least 30% of your work time in service of a vessel or fleet.
- Work on an active vessel — The watercraft must be on navigable waters and capable of movement, even if it is currently docked.
- Job duties — Your work must directly support the operation, purpose, or maintenance of the vessel. Seamen include diverse roles like captains, deck crew, engineers, technicians, galley staff, and submersible oil rig workers.
Longshore and Harbor Workers’ Compensation Act
Maritime employees such as longshoremen and harbor workers may be eligible for compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). Our boating accident lawyers have more than 40 years of experience navigating complex maritime cases. Whether your case falls under state or federal jurisdiction, our deep knowledge of the law helps us build compelling cases that get results for our clients.
Time Limits for Filing a Boating Accident Lawsuit in Alabama
In Alabama, the statute of limitations for personal injury lawsuits is generally two years from the date of the accident. Cases involving government entities or the Jones Act may have much shorter deadlines, so it’s vital to contact a boating accident attorney in Mobile as soon as possible. Evidence such as vessel damage or floating debris can quickly disappear. Our attorneys take swift legal action to preserve valuable evidence and thoroughly investigate your case.
How a Boating Accident Lawyer Can Help
At Moore Law Firm, our personal injury lawyers believe that your priority should be healing and recovering from your injuries. We handle all aspects of your case and provide compassionate support every step of the way.
Our team handles all communications and negotiations with insurance companies to ensure your rights are protected. We secure valuable evidence like accident reports, surveillance footage, GPS data, black box data, cell phone records, and witness statements.
Our boating accident attorneys often collaborate with accident reconstructionists to demonstrate how an incident happened. We also work with respected medical experts to show the full impact of your injuries and how they affect your current and future quality of life.
Whether we negotiate a fair settlement or take your case to trial, our team is dedicated to fighting for the maximum compensation you need to protect your health and financial stability.
What to Do After a Boating Accident in Alabama
The moments following a boat accident are often chaotic. Taking these steps can safeguard your health and legal rights.
Get Medical Help
Even if you don’t think you’re seriously hurt, you may not notice symptoms of serious injuries like TBI or internal bleeding right away. Medical records also provide documentation that can be a cornerstone of your personal injury claim.
Preserve Evidence
If you’re physically able, document the scene and collect information.
- Visual evidence — Take photos or video of damage to boats, surrounding water conditions, and any injuries.
- Gather information — Get the names, contact details, and boat registration numbers of all operators involved. Ask any responding law enforcement officers for copies of accident reports if available.
- Get witness contact info — Ask anyone who saw what happened for their contact information.
Report the Accident
In Alabama, you are legally required to report a boating accident to the ALEA Marine Police Division if it results in:
- The death or disappearance of any person
- Injury causing incapacity for more than 72 hours
- Property damage exceeding $2,000
Choose Your Words Carefully
Do not give a statement to insurance adjusters, admit fault, or downplay your injuries when speaking to others at the scene. Avoid posting photos or details about the accident or your case on social media. Insurers and their attorneys comb the internet for anything they can use against you, so it’s best to deactivate your accounts until the matter is settled.
Contact an Alabama Boating Accident Lawyer
The days following a boating accident are often overwhelming. Our team evaluates your case and helps you understand your options while the details are still fresh in your mind. We listen to your story and offer steady legal guidance and support so you don’t have to navigate the legal aftermath alone.
Why Choose Moore Law Firm?
Local roots — From the Delta to the Gulf coast, our Mobile boating accident lawyers are familiar with local courts and have a deep understanding of Alabama waterways.
Four decades of experience — With more than 40 years of experience in personal injury law, we’ve successfully handled hundreds of cases involving maritime accidents.
Compassionate advocacy — We treat our clients like family and provide the personalized attention you deserve.
No upfront costs — Our personal injury lawyers take cases on a contingency fee basis. This means you won’t pay attorneys’ fees unless we win your case. Our GET MOORE GUARANTEE maximizes the amount of any settlement or court award you receive.
Find a Boating Accident Attorney Near You in Mobile, AL
While our primary goal at Moore Law Firm is recovering the compensation you deserve, helping you and your family reclaim your lives after an accident is our true passion. Call us today at 251-445-7602, contact us, or use the convenient chat feature on our website to get in touch with a boating accident lawyer near you in Mobile, Alabama.
Frequently Asked Questions about Alabama Boating Accident Cases
What should I bring to my consultation?
To help us evaluate your case quickly, please bring:
- A copy of the ALEA boat accident report (if available)
- Photos of your injuries and the scene
- Contact information for the other boat operator and witnesses
- Insurance policy information
- Medical records or bills related to the accident
Can I still bring a claim if I was a passenger?
Yes. Whether you were on a boat that caused the crash or a boat that was hit, our personal injury attorneys can evaluate your claim and advise you on the best way to move forward.
How long will my case take?
While most boating accident claims are settled out of court, every case is different. Some resolve in a few months, while complex cases involving litigation can take longer. We work to resolve your case as efficiently as possible without sacrificing the full amount of compensation you’re entitled to receive.
Should I talk to the insurance company before speaking to a lawyer?
No. Do not give a statement, sign anything, or accept a settlement without talking to a boating accident lawyer first. Insurance companies often try to shift blame or offer low settlements that won’t even cover all your medical bills. We safeguard your rights and help you understand your options.