Serving Clients in Virginia Beach, Hampton Roads, Washington D.C. & Throughout the U.S.
Boating accidents can lead to devastating injuries and tragic fatalities, and many are entirely preventable. Attorney James (Jamie) Shoemaker represents individuals and families who have suffered personal injuries or the wrongful death of a loved one due to boating collisions or negligence. With decades of experience and national recognition for his trial work, Mr. Shoemaker provides trusted legal counsel for accident victims throughout Virginia and beyond.
Common Causes of Recreational Boating Accidents
Most boating accidents are preventable and occur due to negligence. Common causes include:
- Operator inexperience
- Intoxicated or impaired operation
- Excessive speed or reckless behavior
- Failure to follow navigational rules
- Equipment failure or improper maintenance
- Poor weather judgment
- Aggressive or distracted boating
Boaters owe a legal duty of care to their passengers, swimmers, and others on the water. Violating this duty may lead to serious liability.
Steps to Take After a Boating Accident
If you’re involved in a boating accident:
- Prioritize safety and seek emergency medical care
- Contact law enforcement or the U.S. Coast Guard to report the incident
- Document the scene and collect contact information from witnesses
- Take photographs or videos of the damage, injuries, and surroundings
- Speak with an experienced boating accident attorney before contacting insurers
Quick action protects your health and preserves valuable evidence for your case.
Statute of Limitations for Boating Accident Claims in Virginia
In most cases, boating accident victims in Virginia have two years from the date of the incident to file a personal injury lawsuit. For wrongful death cases, the deadline is also generally two years from the date of death. If a government entity is involved, shorter deadlines and notice requirements may apply. Delaying your claim could permanently affect your right to compensation.
Steps to Prove Negligence in Boating Accident Cases
To pursue compensation, victims must show that another party’s negligence caused the accident. This involves proving:
- A duty of care existed
- That duty was breached (e.g., reckless boating or intoxication)
- The breach directly caused the accident
- The accident resulted in injury or loss
Attorney Shoemaker works with investigators, accident reconstructionists, and medical experts to build strong, evidence-based claims.
Boating Safety Laws and Regulations in Virginia
Virginia law requires all motorboat operators born after January 1, 1974, to complete a boating safety course. Boaters must also comply with equipment, speed, and operation rules governed by the Virginia Department of Wildlife Resources (DWR) and the U.S. Coast Guard. Violating these laws may establish negligence in civil claims.
Recreational vs. Commercial Boating Accidents
Legal strategy may vary depending on whether the accident involved a recreational vessel (like a pontoon or speedboat) or a commercial craft (such as a ferry or tour boat). Commercial operators are typically held to higher safety standards and may be governed by federal maritime law. Our firm handles both types of claims and will tailor the legal approach accordingly.
Available Compensation in Boating Accident Cases
Victims may be eligible for compensation related to:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Emotional distress or mental health treatment
- Wrongful death damages, including loss of companionship and funeral costs
We will pursue the full amount of compensation available under state and federal law.
Why Choose J.H. Shoemaker Law for a Boating Accident Claim?
Attorney Shoemaker has more than 22 years of experience handling complex personal injury cases. He is recognized in Best Lawyers in America and has been named to Virginia Business Magazine’s “Legal Elite” for over a decade. His firm is equipped to investigate boating accidents thoroughly and take on large insurance companies, boat rental businesses, and other liable parties.
Contact a Boating Accident Attorney in Newport News, VA
If you or a loved one has been injured in a boating accident, contact J.H. Shoemaker Law today. Our team offers skilled legal representation for victims in Newport News, Virginia Beach, Hampton Roads, Washington D.C., and across the U.S. Contact 757-223-4560 to schedule a free consultation. We are ready to help you pursue the justice and compensation you deserve.
Boating Accident FAQs
How long do I have to file a boating accident lawsuit in Virginia?
You generally have two years from the date of injury or death to file a lawsuit. Contact a lawyer quickly to avoid missing your deadline.
Can I sue a boat rental company for a boating accident?
Yes, if the company provided unsafe equipment, failed to train operators, or allowed an unqualified individual to operate the boat, they may be held liable.
What evidence should I gather after a recreational boating accident?
Collect photos, witness information, medical records, and any accident reports. Preserve damaged equipment or clothing, and write down your recollection of the event as soon as possible.
How is liability determined in a multi-boat collision?
Liability may be shared among multiple operators based on their behavior, adherence to navigational rules, and any violations of boating safety laws. A legal investigation is key to determining fault.