Mississippi Boating Accidents Lawyer

Boating is an exciting pastime, especially in Mississippi, which sits on the Gulf Shore and has rivers zigzagging across its terrain. Mississippi’s coastline brings in thousands of visitors every single year, not to mention the locals who look forward to the next boating season as soon as one ends. But with a variety of waterways comes an elevated risk of boating accidents—and Mississippi sees plenty of them.

A boating collision can leave you with serious injuries, significant damage to your boat and other property, and other losses. It’s important to understand your options and explore your next steps with a legal team. Call Gardner Law Group at 228-436-6555 to set up a consultation with our personal injury team now.

How Common Are Boating Accidents?

The statistics on boating accidents are alarming. The United States Coast Guard collects data every year and publishes it to help operators and travelers stay safe. In 2022 alone, there were over 4,000 boating collisions in the United States. They resulted in over 600 deaths and more than 2,200 injuries. On top of that, accidents caused $63 million in property damage. While the number of accidents, deaths, and injuries did decrease from the prior year, the numbers are still far higher than they should be.

The data also shows some common errors that may lead to worse outcomes for boaters. In fatal accidents, the cause of death was drowning in three-fourths of all cases. Among these deaths, 85% of victims were not wearing life jackets at the time of death. Wearing a life jacket, no matter how good of a swimmer you are or how well you know the body of water you’re on, can truly save your life.

Another cause of death in these accidents is being struck by a propeller. In nearly one-fourth of cases involving this type of injury, victims died because of their injuries. Victims who survive are often left with traumatic brain injuries and other catastrophic injuries.

Common Causes of Boating Accidents

Boating collisions are attributed to a wide range of factors, including human error, environmental concerns, and equipment failure. Across the board, though, human error is the most common problem. Knowing these causes of collisions can help you avoid accidents and understand your rights after a crash:

• Inattention and inexperience: Inattention and inexperience can be fatal when it comes to boating. The same people who would never consider getting behind the wheel of a car without a full driving education course may have no problem taking control of a boat with little more than a YouTube tutorial. This is why boating safety courses are crucial for everyone who may be in a position to operate a boat. Even among experienced boaters, inattention is a serious issue. Operators must be attentive so they can avoid other boats, respond to changes in weather and water conditions, and notice any potential equipment concerns before they become urgent. 

• Alcohol use: Alcohol use is one of the most common factors in all boating accidents, especially fatal ones. Again, some of the same people who would never drink and drive fail to see the issue with drinking and boating. Alcohol impairs your judgment, coordination, response time, and motor skills, dramatically increasing the likelihood of an accident. There are numerous public safety initiatives focusing on sober boating and the importance of having a designated operator.

• Poor weather: Weather is unpredictable, but this issue most commonly affects those who don’t check the weather before heading out for a day on the boat. It’s crucial to plan for the worst possible scenario when planning a boat trip. An in-depth look at the weather forecast can help you stay close enough to shore to return home if the weather turns.

• Speeding: Speeding in the water is incredibly dangerous. There are no “lanes” like there are on the road, and you run the risk of crossing paths with another speeding boat. The chances of an accident are much higher when you exceed a safe speed.

Proving Liability and Demanding Compensation

Proving liability is an important part of fighting for the compensation you deserve. This is why we recommend getting a Mississippi boating accident lawyer involved as quickly as possible; we can investigate the accident, gather necessary evidence, and figure out exactly what happened.

In most accidents, liability comes down to one of the two boat operators. In some cases, liability is split between the two. However, when the accident can be attributed to equipment failure, a manufacturer or repair shop may ultimately be the liable party.

Evidence tends to degrade quickly, so it’s crucial to start exploring your legal options right away. Eyewitness testimony, video footage, proof of damage to involved boats, and medical reports can all help your lawyer figure out whose error led to a collision.

What Types of Compensation Are Available in a Mississippi Boating Accident Claim?

Mississippi’s vast waterways, from the Ross Barnett Reservoir to the Gulf Coast, offer incredible recreational opportunities. However, when a day on the water ends in a collision or injury, victims often face mounting bills and physical pain. If the accident was caused by someone else’s negligence—such as an intoxicated operator or a speeding vessel—Mississippi law allows you to seek “damages,” which is the legal term for financial compensation.

Understanding what you can claim is the first step toward recovery. In Mississippi, compensation is generally divided into economic damages, non-economic damages, and, in rare cases, punitive damages.

Economic Damages: Your Out-of-Pocket Losses

Economic damages are the measurable financial losses you experience because of the accident. These are often the easiest to calculate because they come with receipts, invoices, and pay stubs.

Medical Expenses

The most immediate concern after a boating accident is medical care. Compensation covers everything from the initial emergency response—which might include expensive water rescues or helicopter transport—to hospital stays, surgeries, and prescription medications. If your injury requires ongoing physical therapy or future medical procedures, those estimated costs are also included in your claim.

Lost Wages and Earning Capacity

If your injuries prevent you from returning to work, you can seek compensation for the income you lost during your recovery. In cases of permanent disability, you may also claim “loss of future earning capacity.” This accounts for the money you would have earned over your lifetime if the accident had never happened.

Property Damage

Boating accidents often involve significant damage to expensive watercraft. Compensation can cover the cost of repairing your boat or the fair market value of the vessel if it is a total loss. It also covers personal property that was on board, such as fishing gear, electronics, or expensive safety equipment.

Non-Economic Damages: The Human Cost

Not all losses have a price tag. Non-economic damages compensate you for the “intangible” ways the accident has affected your life. These are subjective and are typically decided by a jury or through negotiations between attorneys.

Pain and Suffering

This is the most common form of non-economic damage. It compensates for the actual physical pain you endured at the time of the accident and the discomfort you continue to feel during recovery.

Emotional Distress and Mental Anguish

Boating accidents can be traumatic, sometimes leading to conditions like Post-Traumatic Stress Disorder (PTSD), anxiety, or a fear of the water. Mississippi law recognizes that the psychological impact of an accident can be just as debilitating as a physical injury.

Loss of Enjoyment of Life

If your injuries prevent you from engaging in the hobbies you once loved—like fishing, swimming, or spending time with family on the water—you can seek compensation for this loss. This category addresses the decrease in your overall quality of life following the incident.

Punitive Damages: Punishing Gross Negligence

While most compensation is meant to “make the victim whole,” punitive damages are different. Their purpose is to punish the at-fault party and deter others from acting the same way. In Mississippi, punitive damages are only awarded in cases of “gross negligence” or “willful misconduct.”

A common example in boating claims is an accident caused by a driver who was operating under the influence (BUI). If the operator showed a reckless disregard for the safety of others, the court might award punitive damages in addition to your standard compensation.

How Mississippi’s Comparative Negligence Law Affects Your Claim

Mississippi follows a “pure comparative negligence” rule. This means that even if you were partially at fault for the accident, you can still recover compensation. However, your total award will be reduced by your percentage of fault.

For example, if a jury determines your total damages are $100,000 but finds you were 20% responsible because you weren’t wearing a life jacket or were sitting in an unsafe area, you would receive $80,000. Unlike some other states, you can still recover damages in Mississippi even if you were more than 50% at fault.

The Importance of the Statute of Limitations

In Mississippi, you generally have three years from the date of the boating accident to file a personal injury lawsuit. This is known as the statute of limitations. If you miss this deadline, you lose your legal right to seek compensation. Because maritime and boating laws can be complex, it is often beneficial to speak with a legal professional early to ensure all evidence is preserved and your claim is filed on time.

How the Team at Gardner Law Group Can Help

The team at Gardner Law Group is committed to helping boating accident victims in Biloxi and Pascagoula. We’re well-versed in the boating culture of Mississippi, and we realize the risks you face every time you hit the open water. Our in-depth understanding of boating laws and regulations, both on a state level and a federal level, gives us the insight needed to fight for full and fair compensation on your behalf.

Our work begins with a thorough investigation of your accident, injuries, and other losses. By gathering and analyzing evidence, we strive to figure out how the accident happened and whose negligence caused it.

From there, we use the evidence we have to build a case proving that you are owed compensation. During negotiations and, if necessary, trial prep, we’ll fight aggressively for what you are owed and highlight the other party’s role in your losses. While you focus on recovering, we will fight your legal battle.

Start Your Claim with Our Team Today

The sooner you begin working with the team at Gardner Law Group, the sooner we can start building your case. Let’s get started with a free consultation. You can call our Biloxi office at 228-436-6555, call our Pascagoula office at 228-762-6555, or send us a message online to get started.