Boating Accidents Take Heavy Toll

August 11, 2009
By Tatlow, Gump, Faiella & Wheelan LLC on August 11, 2009 3:55 PM |

It is estimated that well over 300,000 boating accidents occur each year resulting in some sort of personal injury. The exact figure is difficult because many times no report is filed. The United States Coast Guard keeps statistics on fatalities and injuries and such incidents should be reported if there is a death, disappearance, and property damage in excess of $500.00 or medical attention beyond first aid.

Coast Guard statistics show that the major contributing factors to serious injuries and fatalities are alcohol use, reckless operation, and inexperience. In fact less than 10% of all reported death and Injury cases happened on vessels operated by persons who had boater safety training. Other common factors include:
• Driver error
• Drugs
• Excessive Speed
• Equipment failure
• Adverse weather and/or water conditions

As a general rule of law, a boat operator and its owner must exercise the highest degree of care to prevent injuries to those passengers in the boat or swimmers or others in the waters or boats around them.

A boat operator must exercise safe operational control of his vessel for his passenger's safety. An operator also has to know the navigational rules which are the rules of the road for boating. Failing to follow these rules can lead to liability, just as a driver would have for causing a crash by running a red light. However, the body of water on which a person is injured has an impact on the law that applies to the incident.
Statistics on boating accidents as well as safety tips to keep you safe are available from the United Stated Coast Guard.

For more information about boating regulations in Missouri, please see The Handbook of Missouri Boating Laws & Responsibilities by the Missouri State Water Patrol.