Boat Accident Claims in North Dakota in ND — Personal… | CGMIMM
Personal Injury · ND
Boat Accident Claims in North Dakota
North Dakota boating-accident claims have a 6 years statute of limitations. Boating Under the Influence (BUI) limit: 0.08 BAC.
Published May 6, 2026
## Boat accident claims in North Dakota
Boating accidents combine state law, federal law, U.S. Coast Guard regulations, and (sometimes) admiralty / maritime law — making them more complex than ordinary auto-accident cases. North Dakota boating-injury claims get a 6 years statute of limitations.
### North Dakota BUI rules
Boating Under the Influence (BUI) limit: 0.08 BAC.
## Common causes
- **Operator inattention** — leading cause of boating crashes per Coast Guard data
- **Operator inexperience** — boating-license requirements vary by state
- **Excessive speed**
- **Alcohol use** — sun + alcohol = impaired faster than on land
- **Drug use**
- **Equipment failure** — engines, steering, fuel systems
- **Hazardous waters** — submerged objects, weather, currents
- **Boat-on-boat collisions**
- **Hitting fixed objects** — docks, buoys, rocks
- **Falls overboard**
- **Personal watercraft (jet ski) collisions**
- **Wake-related capsizing**
- **Towed-passenger injuries** — water-skiing, tubing, wakeboarding
- **Carbon monoxide poisoning** — from cabin / generator exhaust
## Common injuries
- Drowning / near-drowning
- Traumatic brain injury
- Spinal cord injuries
- Propeller strikes (often catastrophic)
- Lacerations / amputations
- Broken bones
- Hypothermia
- Burns from fuel fires
## Federal vs state vs maritime law
**State law** applies to:
- Most recreational boating accidents on lakes, rivers, intracoastal
- BUI / boating safety rules
- Negligence and personal injury
**Federal admiralty / maritime law** applies to:
- Crashes on "navigable waters" (Great Lakes, navigable rivers, coastal / ocean waters)
- Commercial vessels
- Cruise ship injuries
- Crew injuries (Jones Act)
**U.S. Coast Guard regulations** apply broadly to:
- Equipment requirements (life jackets, signaling devices, fire extinguishers)
- Licensing for commercial operators
- Accident reporting
Maritime law has unique features — different statute of limitations, different rules of liability, possible federal jurisdiction.
## Reporting requirements
Federal regulations (33 CFR 173) require reporting if:
- A person dies
- Person disappears under circumstances suggesting death or injury
- Person is injured beyond first aid
- Vessel is destroyed or property damage exceeds $2,000
State requirements may be stricter. Failure to report is itself a federal offense for operators.
## Common defendants
- **Boat operator**
- **Boat owner** (if different)
- **Vessel manufacturer** for defective equipment
- **Marine engine manufacturer**
- **Bar / restaurant** that over-served alcohol (dram shop)
- **Boat rental company** for inadequate instruction or maintenance
- **Marine maintenance / repair shop**
- **Tour operator / charter** for guided trips
- **Government** for hazardous waterway management (rare)
## Insurance
Boat insurance is NOT required in most states (FL and AR have limited requirements):
- **Liability** — for damage to others
- **Property** — damage to your boat
- **Medical payments** — injuries to people on your boat
- **Uninsured boater** — for hits by uninsured operators
- **Personal articles** — gear, electronics
Many homeowner's policies exclude boat-related claims for vessels above defined size / horsepower.
## Damages
- Medical expenses (often substantial; remote locations + transport)
- Lost wages
- Pain and suffering
- Permanent impairment / disfigurement
- Property damage
- Wrongful death in fatal cases
- Maritime damages (in Jones Act / DOHSA cases)
## Limitation of liability — federal Vessel Owner's Limitation Act
Under the **Limitation of Liability Act** (1851, federal), boat owners can sometimes limit liability to the value of the vessel after the casualty — often making it NEAR ZERO. Plaintiffs must contest this in federal court within 6 months of receiving the limitation notice.
This federal procedure is one of the trickiest aspects of boat-accident litigation — and a key reason maritime-experienced counsel matters.
## What to do after a boat accident
1. **Get medical attention** for everyone injured
2. **Render aid** if safe to do so (failing to render aid can be a separate offense)
3. **Report the accident** to U.S. Coast Guard / state agency within required period
4. **Document everything** — photos of vessels, scene, injuries, weather, conditions
5. **Get witness names** before the boat ride ends
6. **Preserve the boat** for inspection if defective equipment is suspected
7. **File insurance claim**
8. **Don't give recorded statements** to the at-fault operator's insurance
9. **Hire a boat-accident attorney** — particularly one with maritime experience for serious cases
## What you should do
If you've been hurt in a boating accident in North Dakota: get medical care, report the incident, preserve evidence (especially the vessel), and contact an attorney experienced in BOTH state injury law AND maritime law. Most North Dakota boat-accident attorneys offer free consultations and work on contingency. Time is critical — federal Limitation Act deadlines are short.
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*This guide is general information about North Dakota and federal maritime law as of early 2026 and is not legal advice. Boat-accident law has many nuances depending on location, vessel type, and parties. Talk to a licensed North Dakota attorney with maritime experience about your specific case.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.