What is an example of careless operation of a boat?

Many people consider Memorial Day Weekend the unofficial start to summer. The sun is warm and the waters of our state’s lakes are ready for boaters. Time on the lake is a tradition people look forward to, but it’s important to remember to be on the lookout for reckless boat operators.

This past Memorial Day Weekend, a boat allegedly collided with and killed a 12-year-old boy on Smith Lake. According to reports, the 12-year-old was tubing, though more information isn’t available yet.

Boat operator safety begins at a young age

Boating in Alabama is a significant responsibility. People may obtain their boater safety certificate at age 12 and operate a boat under adult supervision. At age 14, people can operate a boat with no supervision with their boater safety certificate. It’s clear that Alabama emphasizes boating safety from a young age.

While it’s not known what exactly caused the death of the boy above, it’s a good time to remind you of some common violations of Alabama boating law. A few applicable violations here may include:

• Speeding: The law requires boat operators to maintain a speed that allows for a safe stopping distance, doesn’t endanger others, or doesn’t violate posted speed limits.
• Careless operation: This includes actions that are negligent, careless, or inattentive. A specific example on the Alabama boat safety website includes looking out for people and other boats in the water.
• Reckless operation: Have you seen a boat operator weaving through traffic on the lake, jumping in another boat’s wake or circling another boat or person in the water? Then you have witnessed some examples of reckless operation.

A boat operator who fails to operate their vessel safety risks the suspension or even revocation of their boater safety certificate.

Everyone has the right to a safe day on the lake

Boat operators must remember that they are driving a potentially dangerous weapon and must be on the lookout for other boats and people in the water. Someone swimming or on an inner tube may be more difficult to see, but that’s why it’s so important for boat operators to pay attention. Everyone has the right to a safe summer on our state’s many lakes.

The duty to operate a boat safely and the liability for the failure to do so rests entirely on the shoulders of the operator. You don’t have to tolerate the recklessness of others. If you see someone operating a boat in a reckless manner, don’t hesitate to report it. That driver is putting everyone else at risk.

NJ Rev Stat § 12:7-76 (2016) What's This?

12:7-76.Careless operation of vessel 7. a. A person who operates a vessel on the waters of this State, without due caution and circumspection, in a manner that endangers, or is likely to endanger, a person or property shall be guilty of careless operation. Careless operation shall include, but need not be limited to, the loading of a vessel beyond the maximum capacity stated on the United States Coast Guard capacity label or the capacity label of the manufacturer affixed to the vessel. b.In addition to any other requirements provided by law, a person convicted under subsection a. of this section shall be required after conviction to complete a boat safety course from the list approved by the Superintendent of State Police pursuant to section 1 of P.L.1987, c.453 (C.12:7-60), which shall be completed prior to the restoration of the privilege to operate a vessel which may have been revoked or suspended for a violation of the provisions of this section. Failure to satisfy this requirement shall result in the immediate revocation of the privilege to operate a vessel on the waters of this State, or the continuation of revocation until the requirements of this subsection are satisfied. L.1995,c.401,s.7.

Disclaimer: These codes may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

While there are no requirements for boater licenses in Florida and provisions for boater safety education are relatively lax, there is one firm legal responsibility held by every boat and vessel operator in Florida waters: To avoid reckless or careless operation of that vessel.

The experienced boating injury attorneys at Associates and Bruce L. Scheiner, Attorneys for the Injured, know far too often, this basic “rule of the road” is violated.

F.S. 327.33 defines reckless operation of a vessel as the operation or manipulation of any vessel with willful or wanton disregard for the safety of persons or property at a speed or in a manner that endangers or is likely to endanger life and limb, cause property damage or injure another. The same statute defines careless operation of a vehicle as failure to operate the vessel in a reasonable and prudent manner, without regard for traffic, posted speeds and wake restrictions. The former is a first-degree misdemeanor, punishable by up to one year in jail, while the latter is a noncriminal violation, subject to fines.

But criminal penalties may do little to compensate those who were hurt by such actions.

It should be noted an operator of a vessel will most likely be liable for damage caused while under the operator’s control, but that often depends on the dedication of your personal injury team.

At our firm, attorneys handle both personal injury and maritime claims, and we will use this to weigh the laws, legal theories and proper jurisdiction in which to bring your claim. Some boating accidents occurring farther out at sea may fall under federal maritime law, which has a differing statute of limitation and criteria to prove boat operator negligence. We understand the complexities of these cases, and commit 100 percent to our clients in their quest for just compensation. We recognize while life may never be the same, you deserve to turn the page on this painful chapter.

While the instances of negligence and/or recklessness on the high seas are extensive, here are just a few examples:

• Operating a vessel with a high speed.
• Allowing a swimmer, diver or skier to come in contact with a propeller.
• Failing to carry proper safety equipment on board.
• Slamming into a big wave at speeds deemed excessive.
• Crashes with other boats or fixed objects.
• Overcrowding or overloading a boat or vessel.
• Weaving through congested waterway traffic.
• Not educating oneself on the “rules of the road.”
• Heading out in poor or potentially dangerous weather conditions.
• Approaching another vessel intentionally and swerving at the last possible moment in order to avoid a crash (aka “playing chicken).
• Towing a person on a surfboard, water skis or similar device behind your vessel in such a way it causes the towed person to collide with another person or object.
• Allowing passengers to ride on raised decks, seat backs, transom, gunwale or bow where there may be a risk of falling overboard.
• Operating in a “No Boats” area.
• Boating under the influence of alcohol and/or drugs.

These are just a few examples, and do not encompass the full possible spectrum of reckless operation.

Reckless and careless operation of vessels in Florida is a serious and ongoing problem, according to the Florida Fish & Wildlife Conservation Commission (FWC).

For example, boating under the influence citations issued by Florida authorities have remained a major issue, with authorities on the water issuing more than 300 BUI citations a year. Vessel operators are presumed under the influence of alcohol if his or her blood alcohol concentration measures at or above 0.08 percent.

For failure to have proper safety equipment and follow regulations, boaters were issued an additional 5,000 citations annually.

Specifically for negligent operation of a vehicle (which includes reckless operation, careless operation, navigation rule violations and failure to report accidents), authorities in Florida issue about 1,000 citations a year. These figures coincide with reductions in boat ownership tied to the economic downturn, and also with dwindling resources held by state investigating agencies. Unfortunately, it’s not that boating is getting any safer.

Contact Associates and Bruce L. Scheiner, Attorneys for the Injured, for a free and confidential consultation to discuss your rights. There are no fees or costs unless we win. Offices in Fort Myers, Cape Coral, Naples and Port Charlotte.

The North Carolina Vessel Operator’s Guide explains a number of rules and requirements for the safe operation of boats and other personal watercrafts that travel on North Carolina’s waterways. Boaters are expected to follow all of the rules for safe operation and behave in a reasonably careful way when piloting a vessel.

Unfortunately, careless operation is a major problem among boaters throughout the state. Boaters may be drunk or distracted while driving their vessel, may not learn how to operate the boat properly before going out to sea, or may take unnecessary risks like speeding or getting too close to other vessels.

When boaters are unreasonably careless, accidents can happen. Those negligent boaters who caused the accident can be held legally liable by all victims who were hurt. Victims who could pursue a claim against a careless boat operator can include passengers aboard the vessel with the irresponsible boater, as well as anyone else on land or at sea who was harmed due to the negligent boat operation.

A North Carolina boating accident attorney can help boating accident victims to obtain evidence of careless operation and to put together a damage claim against a negligent boat operator. Auger & Auger law has represented many victims in boating accident claims and we will help you to fight for full and fair compensation for both economic and non-financial loss. Give us a call today to find out more about how to pursue a claim for damages after you get hurt while enjoying North Carolina’s waterways.

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