The Facts About Nashville Boating Accidents And How To Prevent Them
Nashville, “Music City USA”, is a modern city with a diverse economy based on music, publishing, technology, healthcare, manufacturing, transportation and a stellar tourism base. Nashville is also home to several great university environments and is conveniently located within 500 miles of 66% of the population of the United States.
Nashvillians work hard, study hard and play hard. When it comes to recreation we follow many paths but one of our major recreational passions is boating. Music City is centrally located between two major lakes and dozens of rivers and streams. Old Hickory Lake to the North and Percy Priest to the East, are huge bodies of water created by the TVA for recreation and power generation.
As with all human endeavors there are bound to be people who engage in dangerous and negligent behavior and boaters are no different. In this blog I’d like to talk about the, who, what, where, when and how of boating accidents, how to avoid them and what to do if you find yourself involved in one.
The Facts of Nashville Boating Accidents
The Tennessee Wildlife Resources Agency is responsible for enforcing the state’s boating program known as the ‘Boating Safety Act’. The following are statistics provided by the Agency for the year 2012:
* The total number of registered vessels in Tennessee in 2012 was 259,632. That was an increase of over 1,536 from 2011.
* The total number of reportable accidents in 2012 was 171. That was an increase from 2011 from 162.
* The accident rate for 2012 was 65.8 per 100,000 registered vessels. This was an increase from 2011 to 62.7 per 100,000.
* The body of water that reported the most accidents was Chickamauga Lake and Norris Lake with 15 accidents each.
* Polk County reported the most boating accidents. (whitewater activities)
* The monetary amount of damage resulting from boating accidents in 2012 was $2,306,012. This was an increase from 2011 which reported $553,910.
* The most common type of boat involved in an accident was an open motorboat.
* The leading type of accident was collision with another vessel and fire (Non Fuel Related).
* The most common operation during an accident was cruising.
* The leading primary cause of accidents was operator inattention and no proper lookout.
* Alcohol and/or drug use was a primary cause in 2.9% of accidents. This was a decrease from 2011 of 4.9% of accidents.
* Rented or borrowed vessels were involved in 19.3% of accidents in 2012. This was a decrease from 2011 from 20.3% of accidents.
* The most likely time to be involved in an accident was between the hours of Noon to 4 pm.
* The most likely day of the week to be involved in an accident was Saturday.
* The leading age group of operators to be involved in an accident was 41 through 45.
TENNESSEE BOATING FATALITIES
- The number of boating fatalities for 2012 was 18. This was a decrease from 2011 which reported 19.
- The type of accident that resulted in the most fatalities was falls overboard with 4 occurrences.
- The type of vessel that was most common in fatal accidents was the open motorboat with 12 vessels.
- The length of vessel that was most common in fatal accidents was 16 to 26 feet with 8 vessels.
- The top primary cause for fatal accidents was alcohol use and weather/wind with 2 occurrences each. Of the fatal accidents, 4 had an undetermined primary cause.
TENNESSEE BOATING INJURY ACCIDENTS
- The number of injury accidents in 2012 was 94 resulting in 106 injuries.
- The leading contributing cause of injury accidents was careless/reckless operation.
- The type of accidents that resulted in the most injuries was skier mishap.
- The body of water that produced the most injury accidents was the Ocoee River with 13 accidents. These resulted from whitewater sports activities.
TENNESSEE BOATING PROPERTY DAMAGE ACCIDENTS
- The number of property damage accidents in 2012 was 72. This was an increase from 2011 of 60.
- The type of accident that most commonly resulted in property damage was collision with another vessel with 15 occurrences.
- The body of water that reported the most property damage accidents was Norris Lake with 8 accidents.
- The leading primary cause in property damage accidents was improper lookout and operator inattention with 8 occurrences each.
TENNESSEE PERSONAL WATERCRAFT (PWC) ACCIDENTS
- The number of PWC’s involved in accidents in 2012 was 25, an increase from 2011 which reported 16.
- The number of PWC’s involved in injury accidents was 18, an increase from 2011 which reported 15.
- The number of PWC’s involved in fatal accidents was 0, which is equal to 2011 which reported 0.
- The leading primary causes for PWC accidents were Careless/Reckless Operation with 6 occurrences followed by operator inexperience with 5 occurrences.
- The body of water with the most PWC accidents was Tim’s Ford Lake, Old Hickory Lake, Norris Lake, and Cherokee Lake with 3 accidents each.
- The most common operator age group to be involved in a PWC accident was 31 through 35.
Contributing Factors
Statistics show us that the top factors that contribute to the majority of Tennessee boating accidents are:
- Alcohol – 28%
- Weather and Hazardous Waters 25%
- Skier or passenger behavior 13%
- Operator inexperience 9%
- Careless and reckless operation 7%
- Excessive speed 7%
- Inattention/Distraction 6%
To the eye of a trained and experienced personal injury lawyer these activities break down into three main categories; alcohol, weather and being a responsible boat operator.
Alcohol and Drinking
As is clear from the statistics set forth above, operator, BUI (Boating Under the Influence) is a leading factor in serious boating injuries and property damage. My research shows that BUI is a criminal offense in every state and punishment includes steep fines and jail time if there were injuries involved
But, also note that many boating injuries are caused by passenger and skier use of drugs and alcohol. The operator might be sober but a drunken passenger might fall overboard or a drunken skier is unable to react appropriately and suffers a serious fall.
Under the Boating Safety Act any person operating either a sail or power vessel have agreed to give their consent to take a test to determine the alcohol or drug content of their blood. Failure to agree to the test nets another offense and will most probably result in a suspension of their boating privileges for a period of six months or more.
If the BAC tests show .08% + there is a presumption that the person has violated the act. If requested, following an accident resulting in death or serious injury, the operator must submit to a BAC.
If convicted of operating under the influence the operator faces fines of up to $2,500 on the first offense, $2,500 on the second offense and $5,000 for the third offense. A jail sentence of 11 months and 29 days may also be imposed for any conviction and operating privileges may be suspended from one to ten years. Additional federal penalties may also be charged.
Weather and Rough Water
Weather has always been a major factor in boating. Strong winds and heavy rains often accompanied by lightening strikes create dangerous and often deadly conditions that account for a large percentage of boating accidents.
With the new cellular technology, being surprised by the sudden appearance of a strong weather front is something that should not happen.
Passenger and Skier Behavior
Many times passengers are friends and colleagues who have little experience in boating situations. Add a little booze and things can get out of hand. It is the owner/operators job to oversee the goings on aboard his/her vessel. I have often witnessed passengers wrestling and pushing others into the water.
Just good fun you say, but this can easily turn into a serious accident. For one, the person being pushed may not be able to swim, they might also hit their heads on a part of the boat or, they might land on another person who is already in the water.
Operator Inexperience
In Tennessee, vessel operators born after January 1, 1989, must have, in their possession, an up-to-date Tennessee Wildlife Resources Agency (TWRA)-issued Boating Safety Education Certificate. The certificate is awarded to students who have passed a monitored exam. These exams are approved by the National Association of State Boating Law Administrators (NASBLA). In 2012 5908 people qualified for and received their certificate.
As an owner/operator of either a sailboat or power boat you are ultimately responsible for anything that happens when you are underway. If you turn the helm over to an inexperienced passenger for a brief period you must keep an eye out to make sure they don’t endanger your other passenger or boaters.
This is especially true if you are power boating on a river system. Take a minute to instruct the person on the meaning of the bouy (red and green nuns) and how important it is to keep a course between them.
Never allow an inexperienced person to bring your boat into a busy harbor. Always instruct those who will act as deck crew as you approach your slip or dock.
Excessive Speed
Unlike roadways with their stated speed limits, there are no stated speed limits for boats. Without speed limits how do agents determine whether a boat is going an excessive speed. Special thanks to Glenn Moates, a boating safety specialist with the Tennessee Wildlife Resources Agency, who answered my question. An agent decides on the basis of how crowded the waterway might be at the time of the incident.
Water conditions and weather are another criteria. Is the water choppy with whitecaps, or has the weather limited the visability to the point where a boater can’t see other boaters or lake/river markers?
Every boat dock and ramp area there will be markers known as No Wake bouys. They mean exactly what they say. Boaters must slow to a speed where their vessel leaves no wake.
Distracted Operation
During the operation of a sail or motor powered boat, distractions, just like when driving a motor vehicle on the highways and byways of Tennessee, can lead to a collision with another boat or underwater obstruction. If an operator gets distracted and runs aground the sudden stop can cause passenger to be violently thrown around inside the cabin area or off the deck into the water. It just makes sense that you pay attention to what you are doing when you are underway.
My Advice On Boater Safety
Taking a boating safety class will help to identify good practices and how to keep the boat and passengers out of trouble.
Note well, in about 86% of boating fatalities, the victims were not wearing life jackets. This is a fairly basic safety precaution and make sure you have appropriate jackets and vests available and show your passengers how to use them.
I have owned a motor vessel for the past 30 years and regularly navigate on Percy Priest Lake. I have also litigated a number of personal injury cases involving negligent boat operators. The following are suggestions for a boat owner to employ to assure a safe and uneventful cruise. Number one, study the weather for the day of your boating excursion. Modern technology provides easy access to up-to-date weather forecasts.
The Dock
Let’s start at the beginning of the cruise, at the dock. I will usually arrive a half hour or so before my passengers arrival to secure the dock and prepare my boat for the lake. As I enter the dock area I take special notice of anything along the dock that might cause a person to trip or slip and fall. I pay special attention to dock lines, power cords and outdoor carpets that might present a danger.
Since most docks these days have a locked gate as a security precaution to prevent non-guests from entering the area and stealing personal property. I keep an eye out for my guests, some call from their cells phones and advise that they are in the parking lot and I meet them at the gate.
I remind them of the dangers inherent on docks and advise them to pay particular attention to anything that might cause them to slip. If they have children with them I make it clear that they are in an environment that is particularly dangerous. Children are instructed to wear life jackets from the time they enter the dock until the time they return to the parking lot.
I point out to my guest the proper procedure for boarding the boat. I ask everyone except one or two people who will help me load the gear, including coolers, floating and swimming equipment and any other thing they want to bring with them, to sit down until we get underway.
Having guest sit down will make it easier for me to loosen the dock lines and steer the boat out of the slip. Once we clear the dock and are underway in the No Wake zone I give them the OK to move around and enjoy themselves.
Know Your Bottom
A boat operator should take advantage of nautical charts that are easily available in several forms. These charts will tell you important things you need to know. One of those things is depth, you should know the distance from the bottom of your boat to the lake bed and pay particular attention to obstructions such as rocks, stumps and any other large immovable objects that can and will rip open the hull of your vessel and send you, your boat and passengers into the water.
Know Your Bouys
The Coast Guard and the TWRA mark channels and inlets with a series of bouys. These bouys are of different shapes and colors and should be obeyed as you would roadsigns.
Under Way
Most boaters choose one of two ways to spend a cruise with friends and family. I have a favoite cove and will motor directly to the cove and put down and anchor. Some of my friends will simply cruise around the lake and maybe stop for lunch and a swim and then motor on.
Safety While At Anchor
When you drop anchor make sure you give other boats plenty of room, because as you sit at anchor the wind may, and often does, shift causing your boat to swing wide on the anchor line and you want to avoid hitting another vessel or running around.
Never allow your guests to dive head-first into the lake. I repeat, never allow them to dive head first into the lake. The result to a guest who ignore your advice can be a broken neck or back.
The operator should make periodic head-counts of guests in the water taking a swim. Monitor the alcohol consumption of your guests and when one gets too drunk keep a close eye on them and make sure they have their life vest on.
Boating can be a fun hobby, but it can turn deadly. Knowing how to avoid a boating accident will help to keep both your passengers and your boat safe. Make sure you know how to boat safely before your next trip.
In closing I would share that I have taken hundreds of boating excursions and by following these simple rules I have never had a serious injury. Stay alert and happy boating.
