Order Allow,Deny Deny from all If I was following the boater's right-of-way rules and got into an accident, am I liable? | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


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The fact that you are operating a vessel and you are doing it legally and in accordance with the rules of the road is a good thing for the operator of a vessel who is involved in an accident. However, in maritime accidents, recreational boating accidents, accidents that occur on the navigable waters there is this concept of comparative negligence. That means that two parties can be found at fault or responsible for any percentage of the accident. Simply put, if you have two people participating in the accident, so to speak, a jury might decide that they are both 50% at fault. The fact that you are following the rules of the road insulates you but it isn’t an absolute guarantee that you aren’t at fault or that you won’t be determined to be at least partially responsible by the trier of fact in any accident case.