Boating, particularly in Miami’s vibrant waters, is a favorite pastime for many in Florida. However, the allure of the ocean also comes with its own risks. 659 boating accidents were reported in Florida in 2023, with 50% of deaths resulting from drowning.
Boat capsizing is a severe and potentially life-threatening event that can occur for several reasons. These incidents accounted for 70 boating accidents in 2023, with an additional 81 accidents attributed to flooding/swamping, and 23 that resulted in a boat sinking.
Understanding the causes and knowing what to do if your boat capsizes can save lives.
Causes of Boat Capsizing Due to Negligence
Negligence by boat operators, owners, or other boaters can lead to capsizing. Most capsizing incidents happen because of the following:
| Action or Cause | Explanation |
| Overloading | Exceeding the boat’s weight capacity can destabilize it, making it more prone to tipping over, especially in unfavorable conditions. |
| High Speeds | Maneuvering at high speeds, particularly in rough waters, can lead to loss of control and increase the risk of capsizing. |
| Inexperience | A lack of proper training or understanding of boating regulations often leads to poor decision-making that can endanger all aboard. |
| Poor Maintenance | Neglecting the maintenance of the boat’s engine, hull, or other critical components can result in mechanical failures that may cause the boat to capsize.
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| Improper Storage | Storing heavy equipment with the weight distributed unevenly can shift the boat’s balance, affecting its stability and increasing the likelihood of capsizing. |
| Alcohol Consumption | Operating any vessel while under the influence impairs judgment and reaction times, increasing the risk of collisions and capsizing. |
Immediate Steps to Follow if Your Boat is Capsizing
If you find yourself in the terrifying situation of your boat capsizing, staying calm and acting quickly is crucial. Follow these steps:
- Wear Your Life Jacket: Ensure you and all passengers wear life jackets. If anyone is not wearing one, help them put it on immediately. Up to 80% of drowning victims in Florida are not wearing life jackets when a fall into the water occurs.
- Stay with the Boat: Unless the boat is sinking, stay with it. A capsized boat is easier for rescuers to spot than individuals in the water.
- Account for All Passengers: Ensure everyone is present and accounted for. Look for anyone trapped under the boat and assist them to safety.
- Signal for Help: To attract attention, use a whistle, horn, or visual signals like waving your arms. Flares and emergency beacons can be life-saving in these situations. Per Florida law, your vessel should always have a whistle and at least three distress signals on board.
- Climb onto the Boat: If possible, climb onto the overturned boat’s hull. This will help keep you out of the water and visible to rescuers.
Steps to Take After Capsizing
Once you and your passengers are safe, you must take steps to manage the accident’s aftermath. Do the following to protect your well-being and your rights:
- Inform Authorities: Report the incident to the S. Coast Guard or the Florida Fish and Wildlife Conservation Commission. They will assist with the rescue and document the incident. You must report accidents involving injury or death within 24 hours.
- Seek Medical Attention: Even if you feel fine, get checked by a medical professional. Hypothermia, shock, and other injuries might not be immediately apparent. By getting medical attention, you document your injuries and ensure you receive appropriate care.
- Document the Incident: Note the events leading up to the capsizing, and gather contact information from witnesses and take photos if possible. This information will be vital for any investigations or legal claims.
- Contact a Miami Boating Accident Lawyer: Legal guidance is essential, especially if the accident resulted from negligence. Speak with a Miami boating accident lawyer from Aigen Injury Law, who can help you understand your rights and legal options and seek the compensation you deserve from the responsible party.
Stay Safe and Enjoy Florida’s Waters
Boating in Florida offers a thrilling experience, but safety should always be a priority. Knowing the causes of boat capsizing and what to do if it happens can protect your well-being if the worst occurs.
If you have been involved in a boating accident, seek legal advice. Contact our attorneys at Aigen Injury Law today for a free consultation.