What Happens After a Ferry Accident?

A ferry accident that injures you sets off a chain of events, most of them working against you.  The ferry company's insurance investigates.  The ferry operator files incident reports.  Witnesses scatter.  Medical records pile up.  And somewhere in that chaos, you need to understand your rights and the deadlines that apply to your claim.

Here's what happens — and what you need to know to protect yourself.

The Ferry Company Moves Fast — You Should Too

Within hours of a ferry accident, the ferry company and its insurance company start their investigation.  They interview crew members, take photos, preserve the vessel, and begin documenting the incident.  They're not trying to help you. They're trying to protect the ferry company and limit liability.

You need to move just as fast.  Get medical attention immediately — not because you think you're badly hurt, but because serious injuries often surface hours or days later, and a medical record dated the day of the accident proves when your injury occurred. Report the accident to authorities.  Take photos of the scene if you can.  Get the names and contact details of witnesses who saw what happened.  Write down what you remember while it's fresh.

Do NOT give the ferry company's insurance adjuster a recorded statement without talking to a maritime lawyer first.  Insurance companies are expert at getting injured people to say things that undermine their own claims.

Ferry Operators Have Legal Duties to Passengers

A ferry operator owes you a duty of reasonable care under the circumstances.  That means maintaining the ferry in good condition.  Operating at reasonable speed given weather and water conditions.  Keeping a proper lookout.  Following Navigation Rules. Warning passengers of rough water or maneuvers.  Not operating under the influence.

If a ferry operator violates any of these duties (or any of its other duties) and you get injured, you may have a claim.  It doesn't matter that the ferry is a commercial vessel or that accidents "happen." 

Common ferry accident scenarios: the captain navigates into rough water without warning passengers, throwing people from their seats.  The ferry hits another vessel because the lookout wasn't paying attention.  The ferry strikes a dock or underwater obstacle because the captain was operating recklessly.  The ferry's deck is uneven or there's a change in elevation without warnings or with inadequate warnings.  A passenger is struck by equipment or furniture that wasn't secured.

In each case, the ferry operator and ferry company are potentially liable.

The Ticket Fine Print Might Shorten Your Deadline

Rhode Island ferry passengers are often surprised to learn that ticket terms and maritime law can significantly affect their rights after an accident.  Most ferry passengers don't know this: the ticket you buy to ride the ferry often contains fine print — sometimes on the back, sometimes buried in terms and conditions online.  That fine print can include liability waivers, damage caps, or shortened filing deadlines for claims.  And that fine print, often times the maritime courts will find it enforceable.

Some ferry tickets contain language shortening your statute of limitations (the time in which to file suit before it is forever lost) from three years to one year, or even 90 days. Some tickets attempt to limit the ferry company's liability.  Some tickets require arbitration instead of court.

A maritime lawyer needs to review your ferry ticket before you make any moves.  The fine print might change your strategy, your rights and when you have to act.

Who Pays Your Claim — The Ferry Company's Insurance

In reality while your claim might be directed against the ferry company itself, you're really pursuing their insurance.  Ferry companies carry liability insurance that covers passenger injuries.  When you file a claim, the insurance company investigates, determines liability and pays the claim (assuming the ferry company's negligence is clear).

The ferry company's insurance adjuster will contact you.  Be polite but cautious.  Don't give a detailed statement without first speaking to a knowledgeable boat injury lawyer. Don't accept a quick settlement offer or sign anything without a maritime lawyer first talking to you about your maritime legal rights.  Tell them you're consulting with a maritime lawyer and they should direct all future communications to your attorney.

Can I Sue a Ferry Company for My Injuries?

Yes.  If the ferry company, ferry operator, crew or another responsible party acted negligently and caused your injuries, you may be entitled to recover compensation for medical bills, lost wages, pain and suffering and other damages.

Maritime Law Governs Ferry Passenger Claims

Ferry passenger injury claims are frequently governed by maritime law — federal law with its own rules, deadlines and procedures.  State law may still play a role depending on the circumstances.  You typically (but read on because the passenger ticket terms might shorten things dramatically) have three years from the date of injury to file a claim.  But if your ferry ticket shortened that deadline, your clock might be running faster than you think.

You also need to understand that the ferry company might file a federal Limitation of Liability Petition, forcing your claim into a specific federal proceeding with specific deadlines and rules.  Miss those deadlines and your claim is gone.

This is exactly why maritime law requires maritime lawyers. A general personal injury attorney won't likely know ferry ticket fine print.  They won't know Limitation of Liability procedure.  They won't know the specific maritime rules that apply to your claim.

What Types of Ferry Accidents Lead to Claims?

Passenger injuries from ferry accidents include traumatic brain injuries (TBI) from falls, broken bones from being thrown across the cabin, back and neck injuries from sudden stops or collisions, lacerations from striking railings or equipment, and drowning (in the worst cases).

The injuries are real.  The medical bills are real.  The lost wages are real.  And your right to recover is real — if you move quickly and get the right legal help.

What You Should Do Right Now

If you were injured in a ferry accident — whether it was a passenger ferry, a vehicle ferry, a harbor shuttle, a launch or any commercial ferry operation — call a maritime lawyer immediately.  Don't wait. 

A maritime lawyer can review your ferry ticket, understand the specific deadlines that apply to your claim, investigate the accident, interview witnesses and determine the value of your claim. 

You don't have to hire a maritime lawyer, but you should understand your rights and deadlines before making decisions that could affect your claim.

The ferry company already has lawyers and insurance adjusters working to minimize what they pay.  You need a skilled boating accident lawyer in your corner who knows maritime law and knows how to fight them.

Fulweiler llc

East Coast Maritime Injury Lawyers

1-800-383-MAYDAY (6293)