Boating Accidents
Florida / Boating Capital of the World
Recognized as “The Boating Capital of the World,” Florida leads the nation with over a million registered vessels across the state.
Boating can be fun and pleasurable. No one casts off for an exciting day on the water expecting that the day may end in tragedy.
Unfortunately, each year Florida Fish and Wildlife Conservation Commission (“FWC”) officers respond to far too many tragic boating accidents that could have been prevented. There are hundreds of accidents reported each year, involving as many as 2,000 individuals.
Boating Accident Causes And Statistics
In 2021 Florida ranked first in the nation in boating accidents, with 751. Fifty-nine fatal accidents resulted in 60 deaths in 2021. 22% of those were due to someone falling overboard.
The leading cause of death in fatal boating accidents was drowning, with 33 deaths (55%). Alcohol or drug use played a role in 23% of boating deaths.
May, in 2021, was the month with the highest number of deaths statewide (10).
Eighty-three percent of boat operators in fatal accidents lacked maritime education.
Personal watercraft were involved in 26% of boating accidents, with 17 deaths and 162 injuries from 195 accidents.
In 2022, 54% of all vessel accidents involved collision. The primary causes for these accidents were improper lookout and operator inexperience.
According to FWC, one of the most common causes of boating accidents is that people are going out with inexperienced boaters. FWC suggests that passengers go out with an experienced boating captain (one that’s certified) one that’s gone through the classes, the courses, and understands the rules of the road out on the water because that is very important.
Safety Violations | Boating Accident Fault
When simple and basic safe boating practices are not followed, tragedy can happen. According to the FWC, an operator is at fault when an accident or injury is caused by:
- Speeding
- Overloading, improper loading and not properly seating occupants of the boat
- Lack of a proper look-out
- Carelessness, failure to heed weather warnings
- Operating recklessly in a congested area, not observing the rules of the road
- Unsafe fueling practices
- Lack of experience
- Ignorance of aids to navigation
- Lack of caution in an unfamiliar area of operation
- Improper installation or maintenance of hull, machinery or equipment
- Panic, poor judgment or recklessness
- Proceeding in an unseaworthy craft
- Operating a motorboat near persons in the water
- Overpowering the boat, starting the engine with clutch engaged or throttle advanced or irresponsible boat handling (such as quick, sharp turns)
FWC Regulations: In Part
In part, applicable FWC violations and rules include:
- Anyone who operates a vessel with willful disregard for the safety of persons or property will be cited for reckless operation (a first-degree misdemeanor)
- All operators are responsible for operating their vessel in a reasonable and prudent manner with regard for other vessel traffic, posted restrictions, the presence of a divers-down flag and other circumstances so as not to endanger people outside of the vessel or property. Failure to do so is considered careless operation (a non-criminal infraction)
- A violation of the Federal Navigation Rules is also a violation of Florida law
- Anyone born on or after January 1, 1988 who operates a vessel powered by 10 horsepower or more must pass an approved boater safety course and have in his/her possession photographic identification and a boating safety education identification card issued by the Florida Fish and Wildlife Conservation Commission
- It is a violation of Florida law to operate a vessel while impaired by alcohol or other drugs. A vessel operator suspected of boating under the influence must submit to sobriety tests and a physical or chemical test to determine blood- or breath-alcohol content