Jet Ski Accident Lawyers for Virginia Riders and Swimmers

Why personal watercraft accidents are different from other boating accidents

A personal watercraft is steered by a jet of water, not a rudder. On many models, when the rider lets go of the throttle, the ability to steer drops sharply, so a panicked rider who lets off the gas to avoid a collision often keeps going straight into it. Newer models have added braking and off-throttle steering systems, but older and rental machines vary.

Other features set these accidents apart:

• Riders sit on top with no hull or railing around them, so a collision throws them directly into the water, the other craft or a dock.
• The machines accelerate quickly and are often ridden close to shore, swimmers and other boats.
• Passengers on the back can be thrown off by sharp turns and wake jumping.
• The high-pressure water jet at the rear causes serious internal injuries to a passenger who falls off backward without proper protective clothing.
• Many riders are renting for the first time, on vacation or on a group outing.

How jet ski accidents happen

• Collisions with another personal watercraft while riding in a group or crossing wakes
• Collisions with boats, docks, pilings, buoys and bridge supports
• Striking swimmers, tubers, paddleboarders or kayakers near shore
• Riders who have been drinking
• Inexperienced riders who were never shown how steering works
• Excessive speed and wake jumping near other people
• Mechanical failures such as a stuck throttle, a steering failure or an engine that dies at the wrong moment
• Machines rented without a working kill switch lanyard or with worn parts

Injuries tend to be severe: head and brain injuries, spinal injuries, broken legs and pelvises, facial and eye injuries, internal injuries from the jet, and drowning or near drowning when a rider is knocked unconscious.

Rental companies and the waiver you signed

Many jet ski accidents involve a rented machine. A rental business that puts powerful watercraft in the hands of the public is expected to do certain things responsibly. In a claim against a rental business, we look at whether it:

1. Checked the renter’s age and whether the renter met Virginia’s operator requirements
2. Gave real instruction on steering, throttle control and the kill switch, rather than a quick video
3. Provided properly fitted life jackets for every rider
4. Maintained the machines and pulled damaged ones out of service
5. Set up a safe riding area away from swimmers, docks and heavy boat traffic
6. Rented to someone who appeared impaired

Most rental businesses require customers to sign a release. Do not assume that paper ends your claim. Virginia courts have long been skeptical of agreements signed in advance that try to release a business from liability for its own negligence causing personal injury, and a waiver signed by the renter does not necessarily bind a passenger or a swimmer who never signed it. How a particular waiver is treated depends on its wording and on which law governs the accident, and we review it in every rental case.

Virginia rules for personal watercraft operators

Virginia treats personal watercraft as motorboats and sets additional rules for them. In general terms, Virginia law sets minimum ages for operating a personal watercraft, requires boating safety education for many operators, and prohibits operating any boat while under the influence of alcohol or drugs. The Department of Wildlife Resources enforces these rules, and serious accidents generally have to be reported to the state.

Specific ages, education requirements and equipment rules change and depend on the operator and the craft, so we confirm the current requirements in each case. A violation matters because it can show the operator, or the business or parent who allowed the operation, did not act with reasonable care.

Fault arguments, and why young riders are treated differently

When Virginia law governs, the contributory negligence rule generally bars an injured person found even slightly at fault from recovering, subject to the last clear chance doctrine and claims based on willful and wanton conduct. Insurers for the other rider will point to your speed, your lookout or whether you had been drinking. On navigable waters, federal maritime law can apply instead, and it has its own approach to shared fault.

Children and teenagers are often passengers, or even operators, on family and rental watercraft. Virginia presumes that a child under seven is incapable of negligence. An adult who lets an underage or untrained child operate a watercraft can also be responsible for what follows.

Defective watercraft and parts

Some accidents start with the machine itself: a throttle that sticks open, a steering cable that fails, a fuel leak that causes a fire. Virginia does not recognize strict liability in tort for defective products, so product claims proceed in negligence and breach of warranty, including the implied warranty of merchantability under Va. Code § 8.2-314. Under Va. Code § 8.2-318, a person injured by a product does not need to have bought it directly from the seller to bring a warranty claim for personal injury.

Preserve the watercraft if you can. Do not let a rental company, an insurer or a repair shop fix or scrap it before it is inspected. Read more on our product liability page.

Deadlines and how we handle jet ski claims

If Virginia law governs, a personal injury lawsuit generally must be filed within two years of the accident, under Va. Code § 8.01-243(A). If federal maritime law governs, the period is generally three years. Rental agreements sometimes contain their own notice clauses, and evidence such as the rental company’s maintenance logs and GPS data can disappear quickly.

We start with a free case review, by phone or through the form on this page. Then we identify who owned and operated each watercraft, find every insurance policy that can respond (many homeowner’s policies exclude personal watercraft, so separate watercraft or business coverage often matters), review any waiver, and pursue the claim with the insurers or in court. You can talk with our team in English, Korean or Spanish.