Common Legal Scenarios

Fault, Liability, and Right-of-Way Violations

COLREGS are not just courtesy guidelines — they are codified law under the Convention on the International Regulations for Preventing Collisions at Sea (1972) and, in U.S. waters, under 33 U.S.C. §§ 1601–1608 (Inland Navigation Rules Act) and 33 U.S.C. § 1602. Violating them creates legal liability for resulting damages.

The burden of proof in a collision case: U.S. maritime law follows the Pennsylvania Rule, established by the U.S. Supreme Court in The Pennsylvania (1874). Under this doctrine, if a vessel was violating a navigation statute at the time of a collision, that vessel has the burden of proving that its statutory violation could not have contributed to the collision. This is an extremely difficult burden to meet. A vessel in violation of COLREGS at the time of an accident is presumed to have caused the accident unless it can prove otherwise.

Comparative fault: U.S. admiralty courts typically apportion fault between the vessels involved in a collision rather than declaring one entirely at fault. A give-way vessel that failed to yield and a stand-on vessel that failed to take action when it became clear the give-way vessel was not complying may both be found at fault — perhaps 80/20, 60/40, or 50/50 depending on the circumstances. Both parties' insurance and assets are at risk.

The stand-on vessel duty: Rule 17 creates an obligation for the stand-on vessel to eventually take action if it is clear the give-way vessel is not complying. A stand-on vessel that maintains course and speed into a collision when it had opportunity and time to avoid it may be found contributorily negligent. The rules protect the stand-on vessel's position right up until inaction becomes unreasonable.

Right-of-way as a factor, not an excuse: being the stand-on vessel with the right of way does not eliminate liability if the collision was avoidable. Courts consider: did the vessel use all means available (radar, visual, VHF, sound signals) to assess the situation? Did it take action in time when it became clear a collision was imminent? COLREGS compliance is necessary but not sufficient — the broader duty is to avoid collision.

Documentation after an incident: write a contemporaneous log entry immediately after any near-miss, close-quarters situation, or collision. Record the time, GPS position, weather and visibility, actions taken, signals given, and what the other vessel did. This record becomes critical evidence and the details fade quickly.

Reporting Requirements

U.S. federal law requires the operator of a recreational vessel to file an accident report when certain thresholds are met. Failure to file a required report is itself a violation — separate from the accident that triggered the requirement.

Boating Accident Report Form CG-3865: this is the USCG standard accident report form. It must be filed with the state boating authority (not directly with the Coast Guard in most cases) in the state where the accident occurred.

When you MUST file a report: a boating accident report is required when, as a result of a boating accident, any of the following occur: (1) a person dies; (2) a person disappears from the vessel under circumstances indicating death or injury; (3) a person receives an injury requiring medical treatment beyond first aid; (4) damage to the vessel and other property totals $2,000 or more; or (5) the vessel is destroyed.

Reporting deadlines: if a person dies or disappears, the report must be filed within 48 hours. If a person is injured or property damage of $2,000+ occurs, the report must be filed within 10 days.

Duty to render assistance (33 U.S.C. § 2233): the operator of a vessel involved in a collision, accident, or other casualty must, to the extent possible without serious danger to the vessel or persons aboard: stop and render assistance to any person affected by the incident; provide name, address, and vessel identification to any person injured and to the owners of damaged property. Failing to stop and render aid is a separate criminal offense under federal law.

State law may impose additional requirements: many states require reporting at lower damage thresholds, have shorter filing windows, or require the report be filed directly with the state DNR, marine patrol, or equivalent. Know your state's requirements before you need them.

Commercial vessel reporting: commercial vessels, vessels carrying passengers for hire, and vessels operating in regulated waterways are subject to additional USCG marine casualty reporting requirements under 46 CFR Part 4. These go directly to the USCG and have different thresholds and timelines than recreational vessel reports.

Practical Legal Considerations for Sailors

Beyond the core COLREGS and accident reporting framework, several legal considerations arise regularly for recreational sailors.

Marine insurance and COLREGS violations: most marine insurance policies contain provisions that may reduce or deny coverage if the insured vessel was operating in violation of navigation rules at the time of an incident. This is another reason COLREGS compliance matters beyond avoiding liability to others — it protects your own insurance coverage.

BUI — Boating Under the Influence: operating a vessel under the influence of alcohol or drugs is a federal offense under 46 U.S.C. § 2302 with a federal BAC limit of 0.08%. States may impose lower limits or additional penalties. BUI enforcement is active in many coastal and inland areas and Coast Guard safety checks may include sobriety testing. A BUI conviction can affect professional maritime licensing and, in some states, driver's licenses.

Required safety equipment: failure to carry required safety equipment (PFDs, flares, fire extinguisher, sound device) is a separate COLREGS-adjacent violation. The USCG safety check framework evaluates compliance; a vessel found non-compliant may be required to correct deficiencies before getting underway. Failure to have required equipment also creates liability exposure in an accident: if someone was injured and a properly maintained PFD might have prevented injury, the absence of proper equipment is evidence of negligence.

Reckless operation: operating a vessel in a reckless or grossly negligent manner — including excessive speed near other vessels, swimmers, or in congested anchorages — is a federal offense under 46 U.S.C. § 2302 regardless of whether a collision results. 'Reckless' is defined as operation that creates an unreasonable risk of harm to persons or property.

Navigation rule enforcement at sea: in U.S. waters, COLREGS and Inland Rules are enforced by the USCG, state marine patrol agencies, and local law enforcement. The USCG has authority to board any U.S.-flagged vessel or any vessel in U.S. waters and conduct a safety inspection at any time without a warrant. Non-compliance can result in a Notice of Violation (civil penalty) or, in serious cases, criminal charges.

Documentation recommendation: keep a handwritten log of your underway passages. Record departure and arrival times, GPS waypoints, weather, crew aboard, and any notable encounters or incidents. A contemporaneous log is powerful evidence in a legal dispute. Courts give significant weight to records made at the time versus recollections reconstructed later.