Weather-Related Boating Accidents

Changing Weather Can Quickly Create Dangerous Conditions

Weather on the water can change much faster than many boaters expect. Clear skies can give way to strong winds, heavy rain, lightning, fog, or rough waves, sometimes leaving operators with limited time to respond.

Thunderstorms can develop quickly and bring gusty winds, dangerous waves, lightning, waterspouts, and heavy rainfall. These conditions can make vessels harder to control and reduce an operator’s ability to see nearby boats, swimmers, navigation markers, or other hazards.

Weather-related accidents may involve recreational boats, personal watercraft, charter vessels, fishing boats, and other vessels.

Common Weather Hazards for Boaters

Different weather conditions can create different risks on the water. Potential hazards include:

• Strong or shifting winds
• High waves and rough seas
• Thunderstorms
• Lightning
• Heavy rain
• Fog and reduced visibility
• Waterspouts
• Rapidly changing currents
• Cold temperatures and cold water
• Sudden changes associated with weather fronts

Strong winds and rough weather can cause large waves, which can make steering a vessel more difficult. Fog may hide vessels, bridges, buoys, or shorelines. Heavy rain can reduce visibility and create slippery decks. Thunderstorms present several hazards at once. In addition to lightning, they can produce sudden wind shifts and rough water capable of overwhelming smaller vessels.

Monitoring the Weather Before Leaving Shore

Safe boating often begins before the vessel leaves the dock.

Operators should check the forecast and remain aware of watches, warnings, and changing conditions that could affect the trip. The National Weather Service recommends checking weather information before heading onto the water and being prepared to return to shore quickly when severe weather is expected.

Depending on the trip, this may include monitoring:

• National Weather Service forecasts
• National Oceanic and Atmospheric Administration (NOAA) Weather Radio
• Marine forecasts and advisories
• Weather radar
• Lightning information
• Local conditions at the marina or launch site

A favorable forecast at the beginning of the day does not mean conditions will remain safe throughout the day. Operators should continue monitoring the sky, wind, waves, and available weather information while underway.

Adjusting Vessel Operation as Conditions Change

Boat operators are responsible for adequately responding when conditions deteriorate.

Federal Navigation Rules require vessels to travel at a safe speed that allows them to take effective action to avoid a collision and stop within an appropriate distance. Factors used to determine a safe speed include visibility, traffic, vessel maneuverability, wind, sea conditions, current, and nearby navigational hazards.

That may mean slowing down when visibility decreases, changing course to avoid dangerous water, or ending a trip earlier than planned.

Operators should also consider whether passengers need to move to safer areas of the vessel or put on life jackets as conditions worsen.

Thunderstorms and Lightning

Thunderstorms can be particularly dangerous because they may develop quickly and produce several threats at the same time.

The National Weather Service advises boaters to head toward port or safe shelter when thunderstorms are nearby. Lightning can injure passengers, start fires, and damage vessel electronics or navigation equipment.

A sudden wind gust may also cause a small boat to capsize or throw passengers from their seats or overboard.

When severe weather develops unexpectedly, the operator’s response may become an important part of determining why an accident happened.

Weather Does Not Always Excuse an Accident

Some boating accidents occur because of weather conditions that could not reasonably have been predicted or avoided. But the presence of a storm does not automatically mean no one is responsible. An investigation may examine whether an operator:

• Checked available weather information before departure
• Continued a trip after conditions became dangerous
• Failed to slow down in poor visibility
• Ignored obvious signs of an approaching storm
• Failed to provide appropriate safety equipment
• Operated a vessel unsuited for the conditions
• Made unsafe navigation decisions during rough weather

For example, an unexpected storm may not have been preventable. Continuing at high speed through heavy rain and limited visibility, however, may raise different questions. The specific circumstances must be considered before fault can be determined.

Responsibility for a Weather-Related Boating Accident

The boat operator may not be the only potentially responsible party. Depending on what happened, liability may involve:

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

A charter company, for example, may face scrutiny if it sends passengers onto the water despite known dangerous conditions. A rental company may also face questions if it provides an unsafe vessel or inadequate safety equipment. More than one party may share responsibility when several decisions or conditions contribute to an accident.

Evidence After a Weather-Related Accident

Weather conditions can disappear almost as quickly as they develop, making documentation important. Helpful evidence may include:

• Weather forecasts and warnings
• Radar information
• Photographs and videos
• GPS and navigation data
• Vessel logs
• Witness statements
• Marina surveillance footage
• Coast Guard or boating agency reports
• Communications with a charter or rental company
• Safety and maintenance records
• Medical records

Electronic vessel data may also help establish the boat’s location, speed, and course as the weather changed.

Morgan & Morgan May Be Able to Help

Weather-related boating accidents can cause collisions, capsizing, falls overboard, drowning, traumatic brain injuries, broken bones, and other serious harm.

Determining whether an accident was unavoidable or whether unsafe decisions made the conditions more dangerous can require a detailed investigation.

Morgan & Morgan’s maritime accident attorneys can review weather information, vessel records, navigation data, and other evidence to 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.