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While boaters always need to prioritize safety, this is especially important when boating in stormy weather. Storm conditions increase the risk of being involved in a serious accident—whether a swamping, a capsize, or a collision with another vessel or something else in the water. What can you do to stay safe, and what should you do if you are involved in a boating accident during a storm? Below, Fort Myers injury attorney Randall L. Spivey discusses your rights and options under the law.

Understanding the Risks of Boating in Stormy Weather

Stormy weather increases the inherent risks of being on the water. While there are steps boaters can take to mitigate their risks, it simply is not possible to eliminate these risks entirely. This is true whether you are fishing in Florida’s inland waterways or you get caught in a storm miles offshore in the Gulf of Mexico.

The primary risks associated with boating in stormy weather include:

High Winds

Storm conditions often come with extremely high winds. If you get caught in a gale, a calm sunny afternoon can quickly turn into a dangerous situation with 30 to 40-mph winds. High winds can cause a rough or confused sea state, making it difficult to make headway and increasing the risk of being blown into a dock or other vessel. High winds can also make it harder to maneuver safely on deck, and fishing rods and other items can get thrown across the deck, potentially resulting in serious injuries.

Rough Seas

High winds are usually accompanied by rough seas. In rough seas, boats are more difficult to control, and it is also more difficult for everyone onboard to keep themselves safe. Maintaining balance can be extremely difficult, and waves can launch captains, crew members, and passengers out of their seats. Rough seas also increase the risk of water coming up over the deck—potentially leading to slips and falls or swamping—and, in extremely rough seas, a capsize is a very real possibility, especially for smaller vessels.

Reduced Visibility

Stormy weather can also result in substantially reduced visibility. With reduced visibility, boaters need to slow down to avoid the risk of a severe collision. However, going slowly in heavy weather can also be dangerous in certain scenarios—especially if the conditions are expected to continue worsening. As a result, reduced visibility is a common factor in many storm-related boating accidents.

Other Boaters

Any time you are boating, one of the greatest risks you face is the risk of being involved in an accident involving a careless or reckless boater. This is no different in stormy weather. No matter how much you do to keep yourself and your crew members and passengers safe, there is always a risk that someone else will make a mistake that puts your vessel in harm’s way.

Debris and Other Hazards

Debris and other hazards in the water are also risks for boaters during stormy weather in Florida. From tree branches and dock boards to items lost overboard from other vessels, almost anything in the water can damage a vessel’s hull or get wrapped around its propeller. While taking on water presents obvious risks, losing propulsion in a storm can be equally dangerous.

Water Safety Resources for Florida Boaters

If you have questions about boating safety during storms in Florida’s inland, coastal, or offshore waters, where can you go for help? The following are all good safety resources for Florida boaters:

• Florida FWC’s Tips for Safe Boating – The Florida Fish and Wildlife Conservation Commission (FWC) has published a Safe Boating Tips video and a list of additional safety considerations on its website.
• FLHSMV’s Boating and Safety Education – The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has published additional safety information for Florida boaters.
• U.S. Coast Guard’s Boat Responsibly – The U.S. Coast Guard’s Boat Responsibly website includes specific information about mitigating risk when you encounter storm conditions on the water.
• National Safe Boating Council Resources – The National Safety Boating Council maintains an updated list of statistics, safety contacts, and other resources for boaters in all U.S. inland, coastal, and offshore waters.
• BoatUS Foundation’s Florida Boating Safety Course – This free online course from the BoatUS Foundation is approved by the Florida FWC.

Protecting Your Legal Rights After a Boating Accident in Stormy Weather

If you get injured in a boating accident during stormy weather in Florida, it will be important for you to be proactive about protecting your legal rights. With this in mind, you should do the following as soon as possible:

1. Document Your Boating Accident as Thoroughly as Possible

Documentation is essential when dealing with insurance companies after a boating accident. If you are able to do so, you should take photos and videos to document any damage to your vessel, and you should be sure to keep any photos or videos you took in the immediate aftermath of the accident.

2. Report the Accident to the Authorities and Your Insurance Company

Boating accidents resulting in significant property damage or injuries should be reported to either the U.S. Coast Guard or the Florida FWC. Boat owners should also report accidents during stormy weather to their insurance companies as soon as possible.

3. Get Help From a Fort Myers Injury Attorney

An experienced Fort Myers injury attorney will be able to investigate your boating accident and determine what evidence is available to prove your legal rights. Your attorney will also be able to deal with the insurance companies and take any necessary legal action on your behalf. To maximize your chances of a full recovery, you should contact an attorney as soon after your accident as possible.

Speak with a Skilled Fort Myers Injury Attorney About Your Boating Accident

Fort Myers injury attorney Randall L. Spivey handles boating accident claims on behalf of boat owners, crew members, and passengers across Florida. If you need help protecting your legal rights after a boating accident in stormy weather, you can call Spivey Law Firm, Personal Injury Attorneys, P.A. at 239-337-7483 or statewide at 888-477-4839 or contact us online at SpiveyLaw.com for a free consultation.