Virginia Boating Accidents: Stay Safe on the Water – Personal Injury – Litigation, Mediation and Arbitration

Article co-written by Jared Tuck and Summer Associate Emily Brooks

Whether you spend time at Smith Mountain Lake, Claytor Lake, South Holston Lake, Lake Anna, Buggs Island Lake, Lake Gaston or another Virginia body of water, summer is the perfect time to spend a day on the lake with family and friends. While spending time on the water can be fun and relaxing, the larger number of boats on the water during the summer means a greater chance that you or a family member will be injured in a boating accident. In 2023, 3,844 boating accidents were reported, with 564 recorded deaths.¹ This number does not even begin to compare to the 2,126 non-fatal injuries reported in these accidents.² As these statistics show, boating accidents are extremely dangerous. It is important that you take safety precautions and be prepared should an accident occur.

Given the tragedy and severity of boating accidents, safety should be the top priority when operating a boat. Most Boating accidents are collisions in broad daylight with other vessels or objects in the water. Unlike a car or motorcycle accident, where the occupants are presumably protected by safety equipment such as helmets and seat belts, there is no safety equipment on boats to protect passengers from the immediate effects of a collision.

Although alcohol plays a significant role in many boating accidents, the main factors contributing to an accident are inattention, lack of caution, and lack of experience on the part of the boater. It is important to navigate the waters at a safe speed, be aware of your surroundings at all times, and be on the lookout for other boats, jet skis, canoes, and partially submerged objects. In addition, it is imperative that your boat is equipped with enough life jackets for each person on board. Of the 564 reported deaths in 2023 where the cause of death was known, 75% of boating accident victims drowned. 87% of these people were not wearing a life jacket.³ Although boating can be an extremely fun and family-friendly activity, everyone involved should be aware of the increased dangers that come with operating and being on a boat. The more precautions you take in advance, the less likely an accident will be.

To avoid a catastrophic accident and potentially reduce the likelihood of injury, you should make sure that everyone on board your boat knows the basic Boating laws. These are the basic boating safety rules in Virginia that you should know.

(1) To ensure that the person operating the boat meets the boat operator training requirements and holds a valid boat operator’s license.⁴ This is often achieved by taking an appropriate boating course and passing a comprehensive boating knowledge test.

(2) Refrain from operating a boat while under the influence of alcohol or other intoxicating substances (Virginia Code § 29.1-738(B)). If an intoxicated boater is responsible for an accident and the evidence shows that the boater's conduct was so intentional and wanton as to constitute a conscious disregard for the rights of others, then such circumstances may justify an award of punitive damages to punish and deter the boater's egregious conduct.

(3) Make sure the vessel's lights are working properly between sunset and sunrise. Without proper lighting, other boats will have a hard time spotting your boat. Properly functioning navigation lights will help ensure your boat remains adequately visible at all times.

(4) In the event of an accident, stop and render assistance if you are able to do so without endangering yourself. Pass your information on to others involved and report the incident promptly. Virginia law requires the operator of vessels involved in a collision to stop and render assistance to the extent possible without seriously endangering their own vessel and passengers.⁵

(5) When towing another person on water skis, surfboards or similar inflatable equipment, it must be ensured that, in addition to the boat operator, another person is on board to observe the persons being towed by the boat.⁶

Injured in a boating accident? Our Virginia Boating Accident Lawyers have won millions of dollars for clients injured in boating accidents. Contact us today for a free consultation. Our “Go Team” from Personal injury lawyersParalegals, investigators and nurses on staff respond quickly and are ready to act immediately on your behalf to maximize your potential recovery.

Footnotes

1. Ministry of Internal Security, Coast Guard publishes recreational boating statistics for 2023United States Coast Guard News (May 28, 2024)

2. ID.

3. Summary 2023, United States Coast Guard (May 2024)

4th Va. Code § 29.1-735.29(A).

5th Va. Code § 29.1-739; Va. Code § 29.1-740.

6. U.S. Code § 29.1-742.

The content of this article is intended to provide a general guide to the subject. You should seek professional advice regarding your specific circumstances.