Boating Injury Statistics and Navigational Rules

In 2008, the U.S. Coast Guard received reports for 4,789 boating incidents; 3,331 boaters were reported injured, and 709 died. Among those who drowned, 9 out of 10 were not wearing life jackets. Most boating fatalities that occurred during 2008 (72%) were caused by drowning with 90% of victims not wearing life jackets; the remainder were due to trauma, hypothermia, carbon monoxide poisoning, or other causes. The lesson to be learned from these statistics is that no matter how good a swimmer you are, wear a life jacket to greatly increase your odds of surviving a boating accident.

The rules that govern most waterways are markedly different than rules of the road and many boaters are not familiar with these navigational rules of the waterways.

For instance, Rule 5 of the Coast Guards Navigational Rules require that “Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.” Further Rule 6 states that “Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

In determining a safe speed the following factors shall be among those taken into account:

(a) By all vessels:

1. The state of visibility;
2. The traffic density including concentrations of fishing vessels or any other vessels;
3. The manageability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;
4. At night, the presence of background light such as from shore lights or from back scatter from her own lights;
5. The state of wind, sea and current, and the proximity of navigational hazards;
6. The draft in relation to the available depth of water.

Very often, as you have surely experienced, these rules are routinely by recreational boaters, especially those on their weekend “booze cruises”.

When there is a risk of collision, Rule 7 states that: “Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist. . . . In determining if risk of collision exists the following considerations shall be among those taken into account: Such risk shall be deemed to exist if the compass bearing of an approaching vessel does not appreciably change; Such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large vessel or a tow or when approaching a vessel at close range.

When a boating collision is imminent, Rule 8 requires that “any action taken to avoid collision shall be taken in accordance with the Rules of this Part and shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship. Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided. If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation. Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear. If necessary to avoid collision or allow more time to asses the situation, a vessel may slacken her speed or take all way off by stopping or reversing her means of propulsion.

These rules are by no means exhaustive of boating operator rules but are meant to provide the reader with a general understanding that not only do a set of rules exist but that these rules are vastly different that the rules that govern land-based vehicle operations.

We aggressively go after the at-fault boat operator who causes injuries. Our boating accident attorneys are top rape and if you or a loved one were injured in a boating accident, please call our experienced boating accident lawyers at our boating accident hotline now! Our Atlanta personal injury attorneys are waiting for your call at 404-816-7374.