Spending a day or weekend on Alabama’s scenic lakes and rivers is an opportunity for boating enthusiasts to relax, fish, sightsee, or party. Yet, boating fun can quickly be replaced with terror when someone on the water causes accidents.
In 2021, 4,439 recreational boating accidents occurred across the U.S., causing 2,641 injuries. (Source: U.S. Coast Guard Recreational Boating Statistics Report)
This article, however, covers boating injuries specific to Alabama and what you should know to ensure your safety on the water.
Common Injuries From Alabama Boat Accidents
As of 2022, there are 248,710 registered recreational boating vessels in Alabama. This guarantees that thousands of boats are on Alabama waterways every day.
However, there is much more to boating than simply hopping on and hitting the water. Safety measures must always be observed to prevent common boating injuries such as:
- Broken bones
- Burns
- Concussion
- Hypothermia
- Internal organ injury
- Lacerations
- Sprains/strains
While sometimes accidents cannot be avoided, there are precautions boat owners and operators can take to significantly reduce the chance of an accident. They can keep themselves and others safe by wearing life jackets, using lights when it is dark, watching out for other boats, and staying alert.
Before leaving the dock, boaters should conduct pre-departure checks to make sure they have all of the proper safety precautions in place.
Alabama Boating Accidents by the Numbers
Not following the proper safety measures and Alabama boating laws can have dire consequences.
Here are some key statistics related to recreational boating accidents in Alabama from the U.S. Coast Guard boating statistics report for 2022.
- 72 recreational boat accidents
- 41 people injured
- 11 deaths – That's the 23rd highest in the U.S.
- 27% of accidents were caused by one boat crashing into another
- 8 people died from drowning after an accident
- 12.5% of accidents involved alcohol
- $1,151,409 in accident-related damages
If you’re not careful when driving a boat, it can potentially cause pain and suffering that lasts a lifetime.
It doesn’t matter if you’re on a kayak, jet ski, sailboat, speedboat, yacht, or any other kind of boat. It’s important to drive carefully to keep everyone having fun in the water safe.
Alabama Boat Laws
When it comes to simply getting out on the water, there are a few basic laws that you have to keep in mind.
Martime Law vs. Common Law
How does the governing law impact a boating injury claim?
If you or someone else gets hurt in a boat accident, the usual “rules” (also known as common law) might not apply. Instead, maritime law might be what governs the situation.
Martime law, sometimes referred to as Admiralty law, sets the rules for things like boating, shipping, navigating, and selling on waters within a country or between countries.
Courts look at two factors to determine whether Alabama common law or admiralty law will control claims for boating injuries:
- Whether the accident happened on a waterway that a boat can travel on from another body of water (this is called a navigable waterway)
- If the accident happened while doing a typical water activity, like boating.
In North Alabama, accidents on popular boating spots like the Tennessee River, Elk River, Lake Guntersville, Wilson Lake, Coosa River, and Weiss Lake would probably fall under maritime law. But accidents on Lake Martin and Smith Lake, which aren’t considered navigable waterways, might not.
Most boating injury cases on navigable waterways end up in federal court because these courts have authority over maritime cases. However, you can also sue in Alabama state court. The court will just have to apply maritime law instead of Alabama common law.
In the video below, boating accident attorney Will League states that understanding which law governs your case is the most important thing to know in a boating accident case.
One big difference between maritime law and common law is how you determine fault after an accident.
In Alabama, common law uses the principle of contributory negligence, which means if you’re even a little bit responsible for your injury, you can’t get any compensation.
But in maritime law cases, we use comparative negligence. Comparative negligence says that during an accident, each party is held responsible based on how much they each added to the accident. So if you’re 10% at fault for an accident, you can still get 90% of your damages.
It’s also generally harder to sue for wrongful death under maritime law than under common law.
How long do I have to file a claim for a boating accident?
If your case is governed by maritime law, you have three years to file a personal injury claim.
Under common law, Alabama only allows boating accident victims a two-year statute of limitations.
Boating Safety Practical Tips To Keep in Mind
- Wear Life Jackets: Always have enough properly fitting life jackets on board for every passenger, and ensure that everyone wears them, especially children. It’s the most important safety precaution you can take.
- Check the Weather: Before heading out, check the weather forecast. Avoid boating in adverse conditions such as strong winds, thunderstorms, or heavy rain.
- Boat Maintenance: Regularly inspect and maintain your boat, including the engine, hull, and safety equipment. Ensure everything is in good working order.
- File a Float Plan: Let someone know where you’re going and when you expect to return. A float plan should include your departure and arrival times, the route you plan to take, and emergency contact information.
- Boating Education: Consider taking a boating safety course. These courses teach you essential navigation rules, safety procedures, and emergency protocols.
- Avoid Alcohol and Drugs: Operating a boat under the influence of alcohol or drugs is not only illegal but also extremely dangerous. Alcohol impairs judgment and reaction time.
- Know Navigation Rules: Learn and follow the rules of the waterway. Understand right-of-way and navigation markers.
- Carry Safety Equipment: Ensure your boat is equipped with the necessary safety gear, including a fire extinguisher, first aid kit, life saver flotation device, and signaling devices like flares and a horn or whistle.
- Be Mindful of Speed: Follow speed limits and adjust your speed according to the conditions, such as crowded areas, restricted zones, or low visibility due to fog.
- Watch for Swimmers: Be cautious around swimming areas and respect no-wake zones. Always keep an eye out for swimmers and other recreational watercraft.
- Avoid Overloading: Do not exceed the recommended capacity of your boat. Overloading can affect stability and lead to accidents.
- Stay Clear of Dams and Hazards: Be aware of the location of dams, underwater obstructions, and other hazards. Keep a safe distance from these areas.
- Proper Anchoring: Know how to anchor your boat securely. Use the appropriate type and length of anchor line for the conditions.
- Use a Kill Switch: Attach the kill switch lanyard to your clothing when operating a boat with an outboard motor. This will shut off the engine if you fall overboard.
- Stay Alert: Avoid distractions like texting or excessive drinking. Keep a proper lookout and stay alert at all times.
- Emergency Procedures: Familiarize yourself with emergency procedures, including what to do in case of a fire, man overboard, or taking on water.
- Respect Wildlife: Be mindful of the wildlife and environment. Keep a safe distance from marine animals, nesting areas, and protected habitats.
- Have Communication Tools: Carry a VHF radio or a cell phone in a waterproof case for emergency communication.
What to do if You're Hurt in a Boat Accident
First things first, you have to report your accident to the property authorities.
According to Alabama law, if you’re driving a boat and get into an accident, you have to report it within 10 days. You need to do this if someone gets hurt, dies, or if the damage costs more than $50. You can give this report to the Marine Patrol officers, their division, or even the County Sheriff’s office.
- Get medical attention/contact authorities
- Get photo and video evidence and witness statements
- Report the accident
Prompt action is crucial in any accident, but especially when that accident occurs on water because lives and evidence can be lost quickly.
Following these first steps, it would be wise to consult a boating accident attorney to understand your rights and if you might be entitled to compensation for your injuries.
Maritime law is a specialized area of law, and you need an attorney who can navigate the deep legal waters to help protect your interests.
If you have been injured in a boating accident, please contact the experienced attorneys at Timberlake & League. We can help.
