If you are hurt in a boating accident on a Georgia lake, river or coastal water, get medical care, make sure the accident is reported to the Georgia Department of Natural Resources (DNR), and preserve evidence. The careless operator, the boat owner, a rental company or a manufacturer may be responsible. Most claims must be filed within two years, but some boating cases also fall under federal maritime law, which has its own rules.
Boating accidents are different from car wrecks in important ways. The reporting rules, the insurance and sometimes even the governing law are not the same, so it helps to understand the basics early.
Key Takeaways
- When someone dies, disappears, is disabled for more than 24 hours or needs medical treatment, the accident must be reported to Georgia DNR within 48 hours; other reportable accidents must be reported within 5 days (O.C.G.A. § 52-7-14).
- Operating a boat with a blood alcohol concentration of 0.08 or more is illegal in Georgia (O.C.G.A. § 52-7-12).
- The operator, owner, a rental company, a marina or a manufacturer may share responsibility.
- Boat insurance works differently from car insurance, and your auto policy usually does not apply.
- Plan around Georgia’s two-year deadline (O.C.G.A. § 9-3-33), even though some maritime claims allow more time.
Common Causes of Boating Accidents
- Operator inattention, inexperience or failure to keep a proper lookout
- Boating under the influence (BUI). Georgia makes it illegal to operate a boat with a blood alcohol concentration of 0.08 or more, the same limit as for driving.
- Speeding, ignoring no-wake zones, wake jumping and cutting in front of other boats
- Equipment failure: steering, throttle, fuel leaks, navigation lights or a missing kill switch
- Crowded weekends on Lake Lanier, Lake Allatoona, Lake Oconee and the Chattahoochee
- Sudden storms, fog and hidden hazards like stumps and shallow water
Common injuries include propeller cuts and amputations, head, brain and spinal cord injuries from collisions and falls, drowning and near-drowning, broken bones, carbon monoxide poisoning near the swim platform or exhaust, and hypothermia after a fall overboard.
What to Do After a Boating Accident
- Get to safety and call for help. Call 911, or use a marine radio to reach the Coast Guard. Operators involved in an accident must stop and help others as far as they safely can.
- Get medical care right away, even if you feel fine. Head injuries and internal injuries can worsen quickly.
- Make sure the accident is reported. Georgia law requires the operator (or the owner, if the operator cannot) to report to DNR within 48 hours when a person dies within 24 hours, is disabled for more than 24 hours, needs medical treatment or disappears from a boat, and within 5 days for other reportable accidents.
- Document everything: photos of every boat, the registration numbers, your injuries, and the weather and water conditions.
- Get names and insurance information from every operator and owner, plus witnesses. Busy lakes often have many.
- Preserve evidence: your life jacket, clothing, damaged equipment, and receipts for towing, repairs and medical care. Do not repair or throw anything away.
- Do not admit fault or give a recorded statement to an insurer before you talk to a lawyer.
Who Can Be Held Liable
- The boat operator who was careless, speeding or impaired
- The boat owner who let an inexperienced or impaired person drive, or failed to maintain safety equipment
- A rental company that rented out a poorly maintained boat or personal watercraft, or failed to give required instruction
- The manufacturer or seller of a defective hull, steering system, kill switch or other part
- A marina or dock owner responsible for unsafe docks, hidden pilings or poor lighting
- Tour and event operators who run unsafe trips
Georgia’s comparative negligence rule applies: you can recover if you are less than 50% at fault, but your recovery is reduced by your share (O.C.G.A. § 51-12-33).
Insurance After a Boating Accident
Boating insurance is not like car insurance. Georgia generally does not require boat owners to carry liability insurance, so coverage varies. Possible sources include:
- The at-fault owner’s boat or personal watercraft policy
- A homeowner’s or umbrella policy, which may cover small boats but often excludes larger or faster ones
- Medical payments coverage on a boat policy
- A manufacturer’s or business’s liability coverage
Your auto policy usually does not cover a boating accident. A lawyer can help find every policy that might apply.
Georgia Law or Federal Maritime Law?
Many boating accidents on navigable waters fall under federal maritime (admiralty) law as well as Georgia law. That can change the rules:
- Federal maritime injury claims generally have a three-year deadline (46 U.S.C. § 30106), but do not count on it. Plan around Georgia’s two-year deadline. Our guide to Georgia personal injury deadlines explains the Georgia rules.
- A boat owner may try to limit liability to the value of the boat under the federal Limitation of Liability Act, and the owner has six months from written notice of a claim to start that process (46 U.S.C. § 30529).
Whether maritime law applies depends on where the accident happened and what kind of boat was involved.
What a Boating Accident Claim Can Include
- Medical bills, surgery, rehabilitation and future care
- Lost wages and lost earning capacity
- Pain and suffering, emotional distress and loss of enjoyment of life
- Property damage and towing costs
- Damages for the family when an accident is fatal. See our wrongful death page.
Safety Tips for Georgia Boaters
- Wear a Coast Guard-approved life jacket, and make sure children wear theirs. Georgia requires children under 13 to wear one on a moving boat.
- Take a DNR-approved boating course. Georgia requires one for many operators born on or after January 1, 1998.
- Never drink and operate a boat.
- Obey no-wake zones near docks, swimmers and shallow water.
- Check fuel lines, steering, lights and the kill switch before every trip.
Frequently Asked Questions
Do I Have to Report a Boating Accident in Georgia?
Yes, in many cases. The operator must report to Georgia DNR within 48 hours if someone dies, is disabled for more than 24 hours, needs medical treatment or disappears, and within 5 days for other reportable accidents.
Who Is Responsible for a Boating Accident in Georgia?
Usually the operator who was careless or impaired, but the boat owner, a rental company, a manufacturer or a marina can also share responsibility depending on what caused the accident.
How Long Do I Have to File a Boating Accident Claim in Georgia?
Generally two years under Georgia law. Some cases fall under federal maritime law, which has different deadlines and procedures, so talk to a lawyer early.
Does My Car Insurance Cover a Boating Accident?
Usually not. Coverage typically comes from a boat or personal watercraft policy, a homeowner’s or umbrella policy, or a business’s liability insurance.
A day on the water should not end with a lifetime of injuries. If you were hurt in a boating accident, The Gunn Law Group offers a free, no-obligation consultation, and there is no attorney fee unless we win. Hablamos español. Call 888-BIG-GUNN (888-244-4866).
