Nevada is among the most popular states for boating and enjoying other water sports. However, you want to understand Nevada boating statutes to stay safe on the waterways and avoid legal trouble. You will also minimize the risk of being involved in boating collisions by comprehending and obeying the laws. Here are three important laws you need to know about boating in Nevada.

  1. You Have the Legal Duty to Exchange Information and Render Aid

After being involved in a boating collision in Nevada, where you are the operator of a personal watercraft, the law requires that you provide reasonable help to any victim who has sustained injuries and requires medical care (if possible). It does not matter whether it is your fault or another’s that the collision happened. When the accident produces injuries, property damage, or death, you must remain at the site and render reasonable help.

What is considered reasonable help differs from one victim to another based on the facts surrounding the crash. Rendering help may include the following:

  • Providing first aid if you know how
  • Calling 911 to request that first responders come to the accident scene to assess injured victims and administer emergency medical aid
  • Directing other boats away from the accident scene

That said, rendering reasonable assistance does not necessarily mean you must physically administer treatment. However, if you have the training to do so, you might be able to apply your skills and knowledge to help the victim or victims who suffered physical harm. Also, you are not required to endanger your safety and do actions that may expose you to unreasonable danger. If you cannot respond safely to the scene, notify the police or other boat riders who can assist better.

You also must provide your name, boat’s identification, address, and insurance information to any victim who has sustained injuries or whose property was destroyed. Ensure that you also obtain the hull ID and name of the other boat, plus the usual statistics. Also, obtaining contact details from any eyewitnesses of the collision is ideal. Photographic evidence is also helpful.

Nevada law does not mandate boat owners to possess insurance coverage. However, people have the choice to purchase policies. A crash that involves a commercial water vessel, such as a tour operator, might have an insurance policy. Thus, it is appropriate to ask about or provide insurance information.

Like an auto accident, failing to exchange information or render help after a boating accident is deemed a criminal offense, a misdemeanor to be precise. A conviction will subject you to a maximum of six months in custody and a maximum fine of $1,000.

Aside from exchanging the information, you can also collect information from the accident scene. This includes taking photos of the crash scene. Other visual information you can collect includes your and the victims’ injuries, boat damage, boat seating and deck area, and signage posted in the area of the accident, like ‘’No Wake.’’

The law may not require you to collect information from the accident scene, but this is for your own good when you file an insurance claim or lawsuit. Pictures may reveal crucial details, like missing safety equipment or the presence of alcohol, which could help determine liability. A boat accident attorney will sort through the accident facts and collected evidence to establish whose inaction or action caused the accident.

  1. You Might Have to Report the Accident

If you are involved in a boating accident, the law requires you to file a crash report with the NDOW (Nevada Department of Wildlife) if the following is true:

  • The collision caused a physical injury that requires medical intervention beyond basic first aid
  • The accident resulted in a death
  • A person disappeared from the boat in a way that may reasonably lead to injury or death.
  • The crash resulted in over $2,000 in property damage. The damage could either be to the boat itself or to other property.
  • The collision resulted in a total loss of the boat itself

Reporting about property damage is significantly simplified if you have filed a comprehensive inventory of any valuables on your boat with your insurer.

Further requirements apply regarding the timelines for making your report. If the crash resulted in physical injury, a missing person or persons, or death, you should make your accident report to the NDOW within forty-eight hours. If the collision resulted in only property damage, the law allows you up to ten days to make your report. You must include a complete description of what transpired in your accident report.

The initial step in making a boat accident report is establishing who is liable for the crash. This will establish responsibility for damages, and based on the case facts, might also lead to civil and criminal liability. It might be ideal to consult a skilled lawyer specializing in boating collisions. This would safeguard your rights, especially if it is established that you are to blame. You want to avoid signing any official documentation or making statements about the crash until you have safeguarded your legal rights.

Also, avoid admitting fault in your report, even when you think you were to blame. While accepting responsibility and apologizing may seem natural, doing so is not a good idea, and here is why:

  • Guilt is not usually clear-cut in boating accidents. Even when you believe the accident was your fault, there might be contributing elements you do not know about, like the other party being distracted or a boat malfunction. A complete investigation is required to establish fault.
  • The authorities can use the statements you make against you in court. If you admit guilt in your report, it could have adverse repercussions when you decide to file an insurance claim and pursue any possible legal proceedings. For instance, if the other party accesses the report, they will certainly notify their insurer. The insurer might then try using your words to weaken your insurance claim. The other party’s insurance company may reject your claim or coerce you into accepting an unjustly low settlement. Also, the authorities or victims can use your statement as evidence against you in court in case of criminal charges, possibly increasing your responsibility and the restitution you may have to pay.
  • You might be hurt and may not have clear thinking. Boating accidents can be highly traumatic. By the time you are making your report, you might still be feeling traumatized and lack a clear account of what transpired. If you are concerned about how to admit guilt, just do not utter any statements that will jeopardize your insurance claim.
  • You want to consult your lawyer first. Before making any statement about what transpired in the crash to the authorities, consult an experienced boating accident attorney. They can counsel you on your legal rights and assist you in making the report.

Remember that in high-stress situations, such as an accident, it is easy to say something you do not mean or that does not correctly reflect the accident scene. Also, avoid speculating about who was to blame for the accident. Doing so could be interpreted as admitting guilt.

If you fail to make a boating collision report, you will be subject to misdemeanor charges. If convicted, you will face a maximum of six months in county jail and a fine not exceeding $1,000. Consult a boating collision attorney for assistance in composing the crash report so you do not accidentally admit guilt. Based on the case facts, you may also have to file an accident report with the Coast Guard. The local authority would make that decision and counsel you accordingly.

After making your report with the NDOW, you also want to report the accident to your insurance company. Your insurance adjuster will then contact you. They might compel you to give recorded statements. Again, avoid admitting fault when talking to your or any other insurance representatives. Stick to the fundamental facts surrounding what happened without speculating or elaborating about the liability.

Insurers aim to pay as little compensation as possible in accident claims. Should they have you on record agreeing to have caused the accident, they can use it as a justification to deny you compensation or reduce the amount. While making your insurance report, of course, they will require you to give such basic details as the following:

  • Your name (if you were the boat rider),
  • Your policy number
  • The accident’s location,
  • The boat identification,
  • The names of any other persons involved and their contact details,
  • Videos and photos of your vessel damage and injuries,
  • Injury to victims (if any),
  • Damage to property (if any),
  • A description of how the collision occurred, and
  • A copy of the police report

Reporting a boat collision to your insurer has no significant difference from reporting a vehicle accident. After filing the basic reports, simply notify your insurance agents about what occurred. They will access the report on file and can obtain any additional details required directly from you, the on-scene authorities, or your attorney (if you had consulted one).

Remember to be direct and keep your statements brief when filing your report. Avoid making assumptions or guessing until you have assessed what occurred and secured expert legal counsel.

  1. You May Be Subject to Criminal Charges for the Boating Accident

You might be subject to prosecution under Nevada criminal law based on the facts surrounding the boat accident. Some of the charges you might face include the following:

Failure to Maintain a Lookout

Under Nevada law, the criminal offense of failure to maintain a lookout generally refers to the failure of any vessel (including boats) operator in Nevada to keep a proper lookout for other vessels, hazards, or obstructions. According to this law, any vessel operator who does not maintain a lookout properly and inflicts property damage on another vessel or injury on another person has committed a crime.

In this case, the operator will be subject to misdemeanor charges. A conviction of this crime carries a maximum of six months in county jail and a fine of not more than $1,000. The operator may face additional consequences based on the collision's seriousness and resulting injuries.

Boating Under the Influence (BUI)

In Nevada, it is unlawful to ride a watercraft, including a boat, while intoxicated with alcohol or with a BAC (blood alcohol concentration) of 0.08% or more (even when you are unimpaired). BUI is generally a misdemeanor. A conviction carries a maximum of six months in county jail and a fine not exceeding $1,000.

However, BUI causing substantial bodily injury or death is deemed a Category B felony. A conviction carries two to twenty years of a prison sentence and between $2,000 and $5,000 in fines. Note that boating under the influence laws apply to all kinds of boats, from giant yachts to motorboats with low horsepower.

Boating Under Unsafe Conditions

In Nevada, it is a criminal offense to go boating with a boat that:

  • Is being ridden in extremely harsh conditions, such as adverse weather conditions
  • Has an improper device for controlling backfire flame
  • Has improper ventilation
  • Has fuel in the bilges or is leaking fuel
  • Does not display the right navigational lights between sunrise and sunset
  • Lacks fire extinguishers as necessitated by NRS (Nevada Revised Statutes) 488.193
  • Has an inadequate number of personal flotation devices (such as life jackets) approved by the U.S. Coast Guard
  • Is overloaded past the manufacturer’s suggested safe loading capacity

Refusing to take prompt steps to rectify any of the above conditions or failing to obey the peace officer’s directions can subject you to these consequences for failing to practice boat safety:

  • Misdemeanor charges if no injuries resulted. A conviction carries a maximum of six months in county jail and a fine not exceeding $1,000
  • Gross misdemeanor charges if property damage of over $200 or physical injury resulted. A conviction carries a jail term that does not exceed 364 days and not more than $2,000 in fines.
  • A category D felony if death resulted. A conviction carries not more than $5,000 in fines and one to four years in state prison.

Before going boating, you want to take boating classes. This will increase the chances of avoiding accidents and violating laws by doing actions that can land you in legal trouble.

Speeding

Under Nevada law, it is deemed a misdemeanor to speed above five nautical miles per hour within:

  • 100 ft of any individual who is wading, diving, bathing, swimming, or floating, or
  • 200 ft of any:
  • Lifeline, diving platform, or swimming float
  • A landing float, or a way in which vessels are made fast, or which is used for the discharge or embarkation of passengers, or
  • A beach frequented by people who participate in bathing, wading, floating, swimming, or diving acts

The consequences of breaking the boating rules and regulations are a maximum of six months in county jail and a fine of not more than $1,000

If you have been accused of any of the above crimes after involvement in a boating accident, you want to seek legal representation from an expert criminal defense lawyer. An attorney can assist you in understanding the charges, assessing the evidence, and developing a solid defense. They can also assist you in navigating the intricacies of the Nevada legal system and protecting your rights.

Filing a Boat Accident Suit

If you have sustained an injury in a Nevada boating accident, you might have reasons to file a lawsuit against the liable party or parties. You can sue

  • The river or lake owner (often the state), if they were negligent in maintaining the safety of the premises
  • The boat crew or operator, if they were under the influence or otherwise negligent
  • The boat maker, if the vessel was defective or malfunctioned
  • The boat storage or maintenance company, if it was careless in the upkeep
  • The U.S. National Park Service, if it was negligent in discharging its duties
  • The person helping or guiding the boat operator, if they were negligent in their work

Your lawyer would help you fight to obtain compensation for the following:

  • Medical expenses
  • Property repair costs (like your dock, boat, et cetera)
  • Lost or diminished earning capacity
  • Pain and suffering
  • Lost wages

If the boating accident caused the death of a member of your family, you may file a wrongful death claim. In the claim, you may pursue the liable party for loss of consortium, loss of support, and funeral expenses, among other damages.

Most boating accident cases do not go to court. They settle with an insurance payout from the liable party or the party’s insurer. However, your lawyer can also pursue punitive damages if they take your case to trial. Judges award these damages to punish the liable party for their malicious or shocking behavior.

Contact a Skilled Boating Accident Lawyer Near Me

If you have been in a boating accident in Nevada, understanding the Nevada boating laws will help you know what steps to take next. At Las Vegas Personal Injury Attorney Law Firm, we boast knowledgeable boating accident lawyers who can help you if you have been in a boat accident. We can assist you in understanding Nevada boating statutes and the steps you can take to pursue fair compensation if you sustained injuries or suffered property damage. Call us today at 702-996-1224 for a confidential, no-obligation consultation.