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Boaters Beware!

By Beth Janicek

With Memorial Day behind us and the Texas heat in full force, more and more people will be found out on the lake. Once summer hits, I personally hit the lake almost every weekend and I am aware of the boating laws and responsibilities but was totally naive to something called 'boaters hypnosis.' According to an article entitled 'Boat Safe without the Influence of Drugs and Alcohol' describes boater's hypnosis as follows:

Boaters are exposed to significant 'stressors.' These are wind, sun, glare, noise, motion from the water, and vibration. Research has proven that as little as four hours of exposure to these stressors produces 'boater's hypnosis.' Boater's hypnosis is a type of fatigue that slows operator reaction time comparable to that exhibited by an intoxicated person.

In 2007 the top five primary contributing factors in accidents were operator inattention, careless/reckless operation, passenger/skier behavior, excessive speed, and alcohol use. The article 'Boat Safe without the Influence of Drugs and Alcohol' states that a recent study conducted in four southeastern states estimated that alcohol was a contributing factor in 51% of motorboat fatalities in these states. On average the subjects were males, 21 to 40 years of age, and were in small open motorboats and non-powered craft. Important to note is that the study found that passengers had the same risk of dying as the driver, regardless of whether the boat was underway. The article also states that a boat operator with a Blood Alcohol Concentration above 0.10 is more than 10 times more likely to be killed in a boating accident than a boat operator who has not consumed alcohol.

According to the Texas Parks and Wildlife Department, a person who either appears to be impaired and/or has a blood alcohol level of 0.08 or higher while operating a boat can be arrested for Boating While Intoxicated (BWI). A person arrested for BWI may be jailed for up to 180 days, be fined up to $2,000, or both. The person's driver's license may also be suspended.

The Handbook of Texas Boating Laws and Responsibilities website conveys the rules associated with boating accidents and casualties. An operator involved in a boating accident must:

... Stop his or her vessel immediately at the scene of the accident and…

... Assist anyone injured or in danger from the accident, unless doing so would seriously endanger his or her own vessel or passengers and…

... Give, in writing, his or her name, address, and vessel identification to anyone injured and to the owner of any property damaged by the accident.

In addition, vessel operators involved in an accident must report the accident by the quickest means possible if it has resulted in:

... Death or…

... The disappearance of a person from a vessel under circumstances that indicate death or injury or…

... Injury requiring medical treatment beyond first aid or…

... Property damage exceeding $500 to all vessels, docks, etc. involved in the accident.

Boating is a fun, popular activity during summer months, but due to other peoples' carelessness it can become very dangerous. Therefore, it is extremely important to learn how to prevent accidents, as well as to review all pertinent safety tips, laws, and regulations regarding boating.

Originally posted at InjuryBoard by Beth Janicek

Full post as published by San Antonio Personal Injury Lawyer on June 12, 2009 (boomark / email).