THIS IS THE NUMBER ONE CAUSE OF BOAT ACCIDENTS

THIS IS THE NUMBER ONE CAUSE OF BOAT ACCIDENTS

The State of Florida passed the mark of 1 million registered recreational boaters in 2022 according to the FWC—the most in the nation by far. FWC releases 2022 Boating Accident Statistical Report | FWC (myfwc.com). California is a distant second with 700,000 vessels registered there. WALDRON | California’s Recreational Boating (asmrc.org)
The number one cause of boating accidents is “operator inattention” according to the U.S. Coast Guard. For recent statistics kept by the U.S. Coast Guard “operator inattention” is the leading cause of boating accidents. Next is unsurprisingly “operator inexperience”. Neither of these top two boating accident categories may surprise the few maritime attorneys representing accident victims in Florida. Also, with the rise of boat clubs and one-day boat rentals it is equally not surprising that “inexperienced operators” would be the number 2 most common factor of boating accidents. Boat clubs and boat rental locations place many inexperienced vessel operators on the water who have never been out amongst other boating traffic and may only have a minimal knowledge of the navigational “Rules of the Road”.

The 3rd-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 4th most prevalent factor and alcohol is 5th. 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 2354 boating accidents covered by the USCG for the year 2022. In these boating accidents there were 306 deaths. There were 1502 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 Florida Fish and Wildlife Conservation Commission (a/k/a “FWC”) or by the local law enforcement. The USCG numbers are instructive and it is not unusual to see a combination of these factors which lead 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 on-line course which is required of boat operators born after that January 1, 1988 date. Therefore, if the new boater can afford a boat or joins a boating club, or does a 1-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 the U.S. Coast Guard data the time of day that produces the most fatal boating accidents is between 2:30 p.m. 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 boat 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 there is when driving a vehicle on land. This is why it is important for boaters to understand the USCG Rules of the Road. Knowledge of these USCG rules informs boaters how and when to pass other vessels depending upon the circumstances, but 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, 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 “Jetski”), canoe, kayak, sailboat, etc.
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, the east and west coast of Florida, Tampa Bay and throughout the Florida panhandle in both federal and state court. He is also an avid boater since growing up on the waters of Florida.