Ferry Boat Accidents and Liability

According to the Bureau of Transportation Statistics, ferries moved 112 million passengers in 2019. Yet, a small portion of ferry passengers might end up hurt on the way. 

Much of what might happen next will depend on how the injury occurred. Did a crew member or ferry operator’s negligence cause a collision? Was it due to a dangerous condition that the boat operator knew or should have known about? A personal injury lawyer can assess what happened and advise you about how to proceed.

Below, you will find key information about:

• Common causes of ferry boat accidents
• Maritime and personal injury laws
• Who can sue
• How to establish liability
• Whether you should get legal representation

Common Causes of Ferry Boat Accidents

There are many reasons ferry boat accidents happen. Some are out of the ship operator’s control, but it is often simply human error.

Common causes include:

• Operator negligence, carelessness, or recklessness
• Improper safety equipment or measures (not enough life preservers onboard)
• Overcrowding
• Misjudgment of adverse weather conditions, such as typhoons or dangerously high waves
• Improper storage of cargo
• Boating under the influence (BUI)
• Improper maintenance
• Mechanical failure
• Ship operator falling asleep at the controls
• Inexperienced operator, such as one operating at too high a rate of speed

Where Do U.S. Laws Apply?

Like car accidents, boating accidents can happen anytime and anywhere. It may be more common to see boat injury attorney advertisements in places like Seattle, San Francisco, the Oregon coast, or parts of New York City (like Brooklyn, Queens, Staten Island, and Manhattan). But ferry accident lawyers work all over the nation because ferry crashes can happen in any waterway — big or small — anywhere in the country.

But you might wonder what happens if you’re hurt in international waters. For example, you boarded a ferry to Canada and slipped on the way. Would international laws apply? Generally speaking, U.S. maritime and personal injury laws would still apply. 

Maritime and admiralty laws apply to all accidents that occur on navigable waterways, such as:

• At sea
• On a river, like the Mississippi River
• On a lake, such as the Great Lakes

The specific laws that will be most relevant to your case may vary based on a few factors, including where and how far away from shore the vessel was. If you have questions about the laws and jurisdiction of your case, speak with a maritime accidents lawyer. They can also help you determine whether to file your lawsuit in a state or federal court.

Who Can Sue?

One of the most important aspects of any lawsuit is standing. Standing means that the person bringing the lawsuit (known as the “plaintiff”) has either:

• Been affected by the events in the case
• Will be affected or harmed if the court does not address the problem

Ferry Passengers and Their Families

Passengers, tourists, or commuters who were harmed on a ferry boat typically have standing to bring a lawsuit for their injuries. These lawsuits revolve around personal injury law. 

Their accident cases may involve injury claims relating to:

• Brain injuries
• Broken bones
• Spinal cord injuries
• Slip-and-fall accidents resulting from a ferry crash

Families who lost a loved one in a fatal ferry accident may also file a wrongful death claim. 

Ferry Workers

But another class of people can also bring a lawsuit: crew members. If an employee crew member is injured at sea in a ferry accident, they may be able to sue under federal legislation known as the Jones Act. Also known as the Merchant Marine Act of 1920, the Jones Act is a maritime law that regulates shipping in American waters and ports. The Jones Act protects any”seaman”who is injured or develops an illness while working aboard or in connection to a vessel (such as a ferry).

Separately, crew members can file workers’ compensation claims if their personal injury cases relate to injuries on the job.

Liability in Ferry Boat Accidents: Who Can You Sue?

It is challenging to figure out who you can sue in a boating accident and which laws might apply. 

Typically, any owner or operator of a ferry on a navigable waterway can be sued for negligence. Negligence means they fail to operate their vessel safely and reasonably. It can also mean they fail to act reasonably in warning their passengers of any dangerous or hazardous conditions.

A plaintiff might offer testimony from an expert witness to prove that a boat owner was negligent. The expert’s testimony might help prove that the owner did not operate the watercraft in a reasonable manner.

Also, be aware that ferries may be private services owned by a company or public transit owned by the government. Many ferries are common carriers, which means they serve the general public and are subject to common carrier laws. All these factors may affect liability and the claims process. 

Had a Ferry Boat Accident? Contact an Attorney

Maritime accidents can happen at any time. Whether on a pleasure boat or a water taxi, you or your loved ones can benefit from personal injury laws that rule the seas.

If you have medical expenses, lost wages, or other injury-related damages, boat accident lawyers can help you recover money. A personal injury attorney can provide expert legal advice on how to get compensation for your losses.

Consider speaking with a ferry accident attorney to understand your legal options.