Boat Speed, No-Wake Zones, and Liability

Safe Speed Depends on the Conditions

There is no single speed that is safe for every boating situation.

A speed that may be appropriate on open water could become dangerous in a crowded marina, narrow channel, swimming area, or during poor weather. Boat operators must consider the conditions and their surroundings and adjust their speed appropriately.

Under the Navigation Rules, vessels must proceed at a safe speed that allows the operator to take effective action to avoid a collision and stop within an appropriate distance. Factors include visibility, vessel traffic, maneuverability, wind, waves, current, and nearby navigational hazards.

That means simply staying below a posted speed limit does not necessarily make a speed safe. An operator may still need to slow down when conditions make it difficult to see, maneuver, or respond to danger.

No-Wake and Slow-Speed Zones

No-wake and slow-speed zones are commonly established near marinas, docks, bridges, shorelines, swimming areas, narrow waterways, and other locations where vessel wakes or higher speeds can create additional hazards.

The exact rules vary depending on the waterway. State and local authorities may establish specific wake restrictions, and certain federally regulated areas can also impose slow or no-wake requirements. The Coast Guard notes that state and local laws may specifically address wake restrictions and responsibility for wake damage.

A “no-wake” restriction generally requires an operator to travel slowly enough that the vessel does not create a significant wake. Operators should follow posted signs and other applicable requirements rather than assuming a particular speed is acceptable everywhere.

Excessive Speed Can Lead to Serious Accidents

The faster a boat travels, the less time an operator may have to recognize a hazard and respond safely. High speed can also make a vessel more difficult to control and increase the force of an impact. Excessive speed may contribute to:

• Collisions with other vessels
• Crashes into docks, bridges, or fixed objects
• Passengers being thrown from their seats
• Falls overboard
• Capsizing
• Injuries to swimmers
• Dangerous wake and wave impacts
• Loss of control during sharp turns
• Increased property damage

Speed can become especially dangerous when combined with darkness, heavy traffic, alcohol use, operator inexperience, or reduced visibility.

Wakes Can Cause Injuries Without a Collision

A boat does not have to strike another vessel to cause harm.

A large wake may cause a smaller boat to rock violently, take on water, or collide with a dock or nearby vessel. Passengers may be thrown against the interior of the boat or knocked into the water.

Wakes may also damage moored vessels, docks, seawalls, and other waterfront property.

The Coast Guard explains that larger vessels are specifically required in certain circumstances to consider the damage their wake may cause when setting speed. Smaller vessels are still expected to operate prudently and avoid conduct that endangers people or property.

Speeding and Liability After an Accident

A speed or no-wake violation does not automatically determine the outcome of an injury claim, but it can be important evidence. Investigators may examine whether the operator:

• Ignored a posted speed or no-wake restriction
• Traveled too quickly for traffic or visibility
• Failed to slow near docks or smaller vessels
• Created a dangerous wake
• Had enough time and distance to avoid the accident
• Failed to maintain a proper lookout
• Made an unsafe turn or passing maneuver

Federal law also prohibits negligent vessel operation that endangers another person's life, limb, or property. The focus is generally on whether the operator acted reasonably under the conditions that existed at the time.

More Than One Party May Be Responsible

The person driving the boat may not be the only party whose actions contributed to an accident. Depending on the circumstances, responsibility may also involve:

• The vessel owner
• A charter or tour operator
• A boat rental company
• An employer
• Another vessel operator
• A maintenance provider

For example, one boat may have been speeding while another failed to follow navigation rules. Or the owner of a vessel negligently allowed an inexperienced captain to operate their vessel. Simply put, there are many situations where more than one party may share responsibility.

Evidence in a Speed or Wake-Related Claim

Evidence can help establish how fast a vessel was traveling and whether the operator had enough time to react. Helpful information may include:

• GPS or navigation data
• Photographs and videos
• Witness statements
• Marina surveillance footage
• Vessel damage
• Posted speed or wake-zone signs
• Coast Guard or law enforcement reports
• Weather and water conditions
• Electronic vessel data
• Medical records

Video footage may be particularly useful when a claim involves a dangerous wake because the wake itself disappears shortly after the vessel passes.

Morgan & Morgan Is Here to Help

Excessive speed and unsafe wakes can cause serious injuries even when vessels never make direct contact. Determining responsibility may require reviewing navigation data, witness accounts, posted restrictions, vessel movements, and the conditions on the water.

Morgan & Morgan’s maritime accident attorneys can investigate the accident, preserve important evidence, identify potentially responsible parties, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With the Fee Is Free™, you pay nothing unless we win your case.