Injured by Another Boat’s Wake? Who Is Responsible?

When a Boat Wake Causes Damage

Every moving boat creates some level of wake. Most wakes pass without incident, but a large or unexpected wave can become dangerous when it reaches a smaller boat, crowded dock, marina, swimmer, or vessel carrying passengers who are not prepared for the impact.

A wake can cause a boat to rock violently, throw passengers from their seats, knock someone overboard, or push a vessel into another boat or structure. It can also damage docks, seawalls, mooring lines, and boats tied nearby.

Whether the vessel that created the wake is responsible depends on the circumstances. Simply creating a wake does not automatically establish negligence.

Vessel Operators Must Consider Their Wake

Federal and Florida Navigation Rules require vessels to travel at a safe speed appropriate for the conditions. Factors such as traffic, visibility, maneuverability, weather, and surrounding hazards can all affect what speed is reasonable.

Wake responsibility may also be affected by federal, state, and local requirements. For certain large vessels, federal regulations specifically require operators to consider damage that may be caused by their wake when determining speed. State and local laws may impose additional wake or no-wake restrictions. A vessel operator may therefore need to slow down when approaching:

• Marinas and docks
• Anchored or moored boats
• Smaller vessels
• Kayaks and paddleboards
• Swimming areas
• Narrow channels
• Shorelines
• Construction zones
• Other areas where a large wake could create a hazard

Posted “slow speed” or “no wake” zones can impose additional requirements depending on the waterway.

Common Wake-Related Accidents

Wake injuries do not always involve two boats physically colliding. The sudden movement caused by a wave can be enough to cause serious harm. Common incidents may include:

• Passengers being thrown against seats, railings, or decks
• Falls on board a vessel
• People falling overboard
• Smaller boats capsizing or taking on water
• Boats breaking loose from moorings
• Vessels being pushed into docks or nearby boats
• Dock or seawall damage
• Injuries while boarding or leaving a vessel
• Damage to equipment or personal property

Wake-related injuries may include broken bones, head injuries, spinal injuries, cuts, sprains, and drowning or near-drowning injuries.

Determining Responsibility

Investigators generally look at more than the size of the wake itself. The question is whether the vessel operator acted reasonably under the circumstances. Relevant factors may include:

• The vessel’s speed
• Its size and type
• Distance from other boats or structures
• Whether the area had wake restrictions
• Water depth and channel width
• Visibility and traffic
• Whether nearby boats were anchored or moored
• Whether the operator knew or should have known the wake could cause harm

Federal law also prohibits negligent operation of a vessel that endangers life, limb, or property.

A large wake in open water may be expected and unavoidable. The same wake produced near a crowded marina or small anchored vessel may present a very different situation.

More Than One Party May Be Responsible

The person operating the vessel is often a central part of the investigation, but other parties may also be involved. Depending on the circumstances, responsibility may extend to:

• The vessel owner
• A charter or tour company
• An operator’s employer
• A boat rental company
• Another vessel operator
• A business responsible for managing the waterway or marina
• The person operating the vessel on which you were injured

More than one party may share responsibility when several actions contributed to the accident.

Evidence in a Wake Damage Claim

Wake accidents can be difficult to reconstruct because the wave itself disappears within seconds. Preserving other evidence can therefore be especially important. Helpful evidence may include:

• Photographs and videos of the vessels and damage
• Witness statements
• Vessel names and registration numbers
• GPS or navigation data
• Marina surveillance footage
• Damage estimates and repair records
• Weather and water conditions
• Accident or incident reports
• Medical records
• Information about posted speed or wake restrictions

Video from another boat, dock camera, or passenger may be particularly useful in showing the vessel’s speed, distance, and wake before the accident.

Compensation After a Wake-Related Accident

A person injured by another vessel’s wake may be able to pursue compensation for medical expenses, lost income, pain and suffering, disability, future treatment, and other losses.

Property owners or boat owners may also have claims for damage to vessels, docks, equipment, or other property.

The available compensation and applicable law depend on where and how the accident happened.

Morgan & Morgan May Be Able to Help

A wake may disappear quickly, but the injuries and damage it causes can last much longer. Determining responsibility may require examining vessel speed, navigation data, local wake restrictions, witness accounts, and the conditions on the water.

Morgan & Morgan’s maritime accident attorneys can investigate the incident, 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.