Bad weather is a boater’s worst nightmare. Whether you’re in an accident while working in the maritime industry or while sailing for pleasure, there’s a good chance that weather played a role in your injuries. At BoatLaw, LLP, we understand that a number of factors contribute to accidents, and our boat collision attorneys fight on behalf of victims every day.
The team at BoatLaw, LLP works exclusively in maritime law. Our extensive experience with collisions, sinking vessel accidents, slip and fall injuries, and other accidents puts us in a position to help victims like you. Our team includes maritime attorneys Douglas Williams and Nick Neidzwski, who are passionate about ensuring that justice is served when maritime injuries occur. Call us at 1-800-BOATLAW to discuss your case now.
Boat Operators’ Obligations
First, we have to look at the legal obligations and requirements of boat operators, as boat collision lawyers often look into operator negligence. They have a duty to keep their passengers and others on the water safe. Legally, they must take reasonable steps to avoid accidents or minimize the severity of accidents. This includes checking the weather before and during trips. Weather forecasts can change with just a moment’s notice, and having the most up-to-date information can help operators make more informed decisions.
Following official warnings and advisories are key. When local or federal authorities issue weather warnings, operators should seriously consider delaying or outright canceling their trip. This extends both to commercial and personal vessels. On the commercial side, owners may ignore warnings because following warnings means a loss of income. On the personal side, owners may choose to ignore warnings because they believe that they are skilled enough to navigate inclement weather.
Operators also have a duty to keep their boats fully functional and up-to-date on maintenance. Ignoring recommended maintenance tasks or sailing when a boat is knowingly unsafe is outright negligent, and the choice to sail in an unsafe boat can make an already dangerous situation worse when bad weather makes an appearance.
Dangerous Weather Conditions
A wide range of weather conditions can ramp up the risk of boating accidents. Boat collision law firms often see a dramatic increase in cases after severe storms and winds. Heavy winds make it considerably more difficult to control a boat, often leading to collisions, sinking, or even capsizing. Heavy winds often occur alongside severe storms, which also bring lightning and rain—both of which make it much harder to operate a boat safely.
Fog is another weather condition that should indicate the need to delay or cancel a trip. Fog often makes it nearly impossible to see other vessels, obstacles, and important navigation markers. In this situation, you’re at greater risk of running into other boats, running off course in a way that puts you in dangerous territory, or hitting obstacles that would otherwise have been visible.
Large waves are a huge risk for operators of all skill levels. While this is most dangerous for small boats, boats of all sizes can succumb to intense waves. Rough waters destabilize vessels, affecting both balance and control.
How Weather Forecasts Affect These Cases
When weather leads to an accident, boat collision attorneys often look at whether or not an operator took appropriate steps to limit risk and prevent accidents. For example, if weather forecasts had predicted severe storms for days and an operator still chose to go out, that indicates a clear choice to ignore safety recommendations and put others at risk. But if all weather reports indicate clear weather and minimal wind, it would be nearly impossible for a boat operator to predict a freak storm—this would make it harder for a boat collision lawyer to claim negligence.
Boat collision law firms also look at how boat operators operate after poor weather conditions reach them. If they take necessary steps to secure their vessel, get passengers to safety, and navigate the storm as cautiously as possible, that says much more for them than an operator that continues to operate recklessly and without care for their passengers. While operators may not always be able to predict bad weather, they can always control what they do to mitigate the damage.
Find Out How BoatLaw, LLP Can Help With Your Boat Accident Claim
The team at BoatLaw, LLP is here for you as you seek justice after a maritime accident. Set up a time to meet with our experienced maritime attorneys now—just call us at 1-800-BOATLAW or contact us online.
Douglas R. Williams was raised in a military family. After retiring from the armed forces, his father sailed as the chief medical officer with many of the most popular cruise lines, including Holland America Line, Carnival Cruise Line, Disney Cruise Line, and Norwegian Cruise Line. When not in school, Doug spent a good part of his youth in the crew quarters sailing with his father on cruise ships. He developed a practical knowledge of the maritime industry from a young age. Learn More here.
