When a serious boating accident occurs — especially one involving injury, death, or significant property damage — the U.S. Coast Guard may launch a formal investigation. These investigations are not just routine paperwork; they’re structured inquiries that can determine liability, trigger enforcement actions, and influence civil or criminal outcomes.
This guide explains what happens during a Coast Guard investigation, how evidence is collected, and what boaters, victims, and attorneys should expect throughout the process.
⚓ When Does the Coast Guard Investigate?
The Coast Guard typically investigates boating accidents that involve:
- Death or disappearance of a person
- Serious injury requiring medical treatment
- Property damage exceeding $2,000
- Total loss of a vessel
- Commercial vessels or incidents in navigable waters
- Suspicion of Boating Under the Influence (BUI) or criminal negligence
Investigations may be triggered by a Boating Accident Report (CG-3865), a distress call, or direct observation by Coast Guard personnel.
🧭 Phases of a Coast Guard Investigation
1. Initial Response
- Officers secure the scene, assist victims, and prevent further harm.
- They may board vessels, interview operators, and assess immediate safety violations.
2. Evidence Collection
- Photographs, diagrams, and GPS data
- Witness statements and operator interviews
- Vessel registration and inspection records
- Field sobriety tests or chemical testing (if impairment is suspected)
3. Documentation and Reporting
- A formal Marine Casualty Investigation Report may be created.
- The Boating Accident Report (CG-3865) is filed by the operator and reviewed by investigators.
4. Legal Review
- Findings may be forwarded to federal prosecutors or state authorities.
- Violations of federal law (e.g., BUI, negligence, failure to report) may result in citations or criminal charges.
5. Public Record and FOIA Access
- Final reports may be requested via the Freedom of Information Act (FOIA).
- Sensitive or ongoing cases may be redacted or withheld.
🧾 What the Coast Guard Looks For
Investigators assess:
- Compliance with navigational rules and right-of-way
- Safety equipment (life jackets, fire extinguishers, signaling devices)
- Operator behavior (speed, attention, impairment)
- Vessel condition and maintenance
- Environmental factors (weather, visibility, water conditions)
They may also evaluate whether commercial operators followed licensing, capacity, and inspection requirements.
⚠️ Legal Consequences of Coast Guard Findings
| Outcome | Impact |
|---|---|
| Safety violations | Fines, citations, or mandatory training |
| Negligence or recklessness | Civil liability or criminal charges |
| BUI or drug impairment | Arrest, license suspension, or felony charges |
| Failure to report | Penalties under federal and state law |
| Commercial violations | Business license revocation or federal sanctions |
Findings from a Coast Guard investigation can be used in civil lawsuits, insurance claims, and criminal prosecutions.
🧠 Final Thoughts: Prepare, Comply, and Protect Your Rights
A Coast Guard investigation is a serious process — and its findings can shape the legal and financial outcome of a boating accident. Whether you’re an operator, passenger, or injured party, understanding the procedures and your rights is essential.
If you’re involved in a boating accident under investigation, consult a boat accident attorney. They can help you respond to inquiries, preserve evidence, and protect your interests throughout the process.