If you were hurt in a boating accident on the Chesapeake Bay, the Elizabeth River, or Virginia's coastal waters, you may be entitled to compensation for your injuries. I'm Scott Barney, a Hampton Roads personal injury attorney with 20+ years of experience holding negligent boat operators and owners accountable, on a no-win, no-fee basis.
Boating Laws and Negligence in Virginia
Hampton Roads has hundreds of miles of waterways, and boating is a way of life here. But the rules on the water are different from the rules on the road. Boating accidents are governed by a mix of Virginia state law and, in some cases, federal maritime law.
Most boating injury claims are based on negligence. Common causes include operating under the influence of alcohol (BUI), speeding in no-wake zones, failing to keep a proper lookout, and violating navigational rules. Boat operators have a strict duty of care to their passengers and to other vessels.
Virginia's contributory negligence rule applies here just as it does on land. If an insurer can prove you were even 1% at fault—perhaps by standing up while the boat was underway, or distracting the operator—they will attempt to deny the entire claim.
The Role of Alcohol and Inexperience
Unlike driving a car, many boaters operate vessels with minimal training. Virginia requires a boating safety education course, but inexperience in handling currents, wakes, and sudden weather changes remains a leading cause of crashes.
Alcohol exacerbates this. Boating Under the Influence (BUI) is a serious offense in Virginia. The legal limit is the same as driving—0.08% BAC. If you are injured by an intoxicated boater, you may be entitled not only to compensatory damages for your injuries, but also punitive damages designed to punish the reckless behavior.
Insurance Coverage on the Water
Boating accident claims usually proceed against the at-fault operator's boat insurance policy. However, not all boaters carry adequate insurance, and some carry none at all.
If the at-fault boater is uninsured, recovering compensation becomes much more complex. Your own auto insurance's Uninsured Motorist coverage typically does not cover boating accidents. You must rely on the specific uninsured watercraft provisions of your own boat policy, if you have one.
Injuries on the water are often catastrophic—propeller strikes, near-drownings, and high-speed collisions. It is crucial to have an attorney who understands how to investigate maritime accidents and find every available source of recovery.
Cases I Handle
Virginia waterway accidents I handle
How I Help
What I do for you
Investigate the waters
I move quickly to secure Coast Guard and Virginia DWR incident reports, witness accounts, and vessel data before it's lost.
Identify every liable party
Operator, owner, rental company, or manufacturer. I determine who shares responsibility for what happened.
Document the injuries
Boating injuries range from lacerations to drowning-related trauma. I build a complete medical record for each.
Pursue full value
I negotiate hard against marine insurers and take the case to court when they won't offer a fair recovery.
What You May Recover
Compensation in a Virginia boating claim
- Emergency and long-term medical care
- Lost wages and lost earning capacity
- Pain, suffering, and permanent injury
- Property damage to personal watercraft or equipment
- Wrongful death damages, where applicable
Boating Accidents FAQ
Questions I hear most
Related Practice Areas
Serving Hampton Roads
Hurt and not sure what to do? Let's talk today.
Free, confidential, and no obligation. You owe me nothing unless I win your case.