Newport, RI:  When two boats collide on the water, determining fault can be complicated.  Unlike car accidents, boat collisions are governed by a unique set of laws and regulations (read: maritime law) aimed at ensuring safety and accountability on the water.  If you've been involved in such an incident, understanding the principles behind how fault is determined is important to understanding your rights. 

How Fault is Determined in Vessel Collisions

1. The Rules of the Road (COLREGS): The International Regulations for Preventing Collisions at Sea (COLREGS) are the foundation of maritime fault determination. These rules outline vessel responsibilities, including right-of-way, maintaining safe speeds, and ensuring a proper lookout. Violating these rules often leads to fault being assigned.

2. Negligence and Carelessness: Both operators have a duty to act responsibly.  Failure to maintain a proper lookout, excessive speed, or failure to take evasive action can all be deemed negligent behavior and contribute to fault.

3. The Stand-On and Give-Way Vessel:  Maritime law defines one vessel as the stand-on vessel, which maintains course and speed, and the other as the give-way vessel, which must maneuver to avoid a collision. Failure to fulfill these roles properly can lead to liability.

4. Presumptions of Fault:  Certain situations carry a presumption of fault. For example, if a moving vessel strikes an anchored one or if a vessel fails to adhere to established navigational rules, liability may automatically fall on that vessel.

Shared Fault and Comparative Responsibility

In many cases (and hang on because this can be hard to swallow), both boats may share some responsibility for a collision.  Maritime law uses the comparative fault system to assign percentages of blame to each vessel based on their actions leading up to the incident.  For instance, one vessel might be at fault for failing to yield, while the other may bear responsibility for traveling too fast or failing to take evasive action.

Evidence That Impacts Fault Determination

Determining fault often relies on:

• Voyage data recorders (VDRs): These record speed, course, and other navigational data.
• Eyewitness accounts: Testimony from crew or passengers can clarify the sequence of events.
• Logbooks and GPS data: These provide objective records of actions taken before the collision.

Why Fault Matters

Fault in a boat collision affects financial liability for damages, personal injury claims, and potential environmental consequences, such as pollution cleanup costs. Knowing who is responsible can determine who pays for repairs, medical bills, and other expenses.

If you've been involved in a vessel collision, consulting an experienced maritime attorney is crucial. Contact us to ensure your rights are protected and you receive the compensation you deserve.

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