Partner Story: The Number One cause of boating accidents in Florida

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The State of Florida passed the mark of one million registered recreational boaters in 2022, according to the Florida Fish and Wildlife Conservation Commission (FWC) – the most in the nation by far. California is a distant second, with 700,000 vessels registered there.

The number one cause of boating accidents is “operator inattention,” according to the U.S. Coast Guard (USCG). Next most prolific cause of boating injury accidents is, unsurprisingly, “operator inexperience.” Neither of these top two boating accident categories would surprise the few maritime attorneys representing accident victims in Florida, because it is a recurrent trend we see in boating injury situations.

Also, there has been an appreciable rise in boat clubs and one-day boat rentals where it is equally not surprising that “inexperienced operators” would be the number two most common factor of boating accidents. Boat clubs and boat rental locations place many inexperienced vessel operators on the water who may have never been out amongst other boating traffic ,and may only have a minimal knowledge of the navigational “Rules of the Road.”

The third most prevalent factor in boating accidents is “failure to keep a lookout.” This can be a form of operator inattention, but on many boats, there is a separate person besides the operator who is supposed to assist the operator in keeping a lookout.

Excessive speed is the fourth most prevalent factor and alcohol is fifth. By way of comparison, “operator inattention” is almost a 3-to-1 factor higher than alcohol, and “operator inexperience” is roughly 2-to-1 over alcohol involvement in boating accident incidents.

These numbers are based upon 2,354 boating accidents covered by the USCG for the year 2022. In these boating accidents, there were 306 deaths. There were 1,502 injuries. Recognize that in these USCG statistics this will not include most boating accident injuries that occur inland on wholly enclosed lakes, rivers or reservoirs – because at least for the State of Florida, those incidents would be covered and investigated by the FWC, or by local law enforcement.

The USCG numbers are instructive, and it is not unusual to see a combination of these factors leading to a boating accident injury. In boating collision cases, for instance, there is almost always operator inattention, but also failure to keep a lookout and, usually, excessive speed.

How does Florida get so many inexperienced boaters?

Florida does not have a requirement for a first-time vessel owner to take a performance test to prove proficiency at the helm of a vessel. No eye test is administered. And, if the new boater was born before January 1, 1988, then he or she does not even have to bother with taking the very brief online course which is required of prospective boat operators born after that date. Therefore, if the new boater can afford a boat or joins a boating club, or does a one-day boat rental, the State of Florida does not require that person to do anything if they were born before 1988.

What time of day produces the most fatal boating accidents?

According to U.S. Coast Guard data, most fatal boating accidents happen between 2:30 and 6:30 p.m.  On popular boating days and good weather days, when boaters have been out on the water since early morning and have been in the sun, sometimes drinking alcohol, the mid-to-late afternoon is when many all-day boaters begin to head to the docks, marinas, and boat ramps – at the same time.

Boaters know that to avoid getting stuck in the rush that is the 5-6 p.m. boat ramp frenzy, one has to beat the crowd to the ramp. The problem is that the rest of the boating crowd knows this as well.

Another contributing factor to boating accidents is that once boats are outside the channels there are no lanes to stay in, as is the case when driving a vehicle on land. This is why it is important for boaters to understand the Coast Guard’s Rules of the Road. Knowledge of these USCG rules informs boaters how and when to pass other vessels depending upon the circumstances; not everyone on the water has full knowledge of those rules. 

What law applies to boating accidents in Florida?

The laws that govern a boating accident case are not the same as those that apply to car crashes. Maritime law applies to injury accidents in almost every instance in Florida. This is due to the hundreds of miles of Florida coastline, Florida’s intracoastal waterways, estuaries and rivers which connect to the Gulf of Mexico or Atlantic Ocean. Many boating accidents that would seem to be inland are governed by maritime law and not the laws of the State of Florida. This application of maritime law can apply regardless, whether the incident involves a recreational vessel, a personal watercraft (known commonly as a  “Jet Ski”), canoe, kayak, sailboat et cetera.

The multitude of boats on Florida waters, coupled with the inexperience of many boaters, are factors in boating accidents. Boaters must drive defensively. A good defensive perspective might be to presume every boater with which you come into contact: It might be their first day operating a vessel.  If that operator is around the age of 36 – born before 1988 – it may well be their first time operating a vessel.

Frank D. Butler is Florida native and an attorney practicing maritime law for more than 25 years from the Tampa Bay area, and throughout all of Florida. He has handled cases from the Florida Keys through Miami, and both the east and west coasts of Florida, Tampa Bay and throughout the Florida panhandle in both federal and state court. He has been an avid boater since growing up on Florida waters.