Virginia Boat Crashes: Stay Safe on the Water

Article co-written by Jared Tuck and Summer Associate Emily Brooks

Whether spending time at Smith Mountain Lake, Claytor Lake, South Holston Lake, Lake Anna, Buggs Island Lake, Lake Gaston, or another one of Virginia’s waterways, summer is the perfect time to enjoy a day on the lake with family and friends. While enjoying time on the water can be fun and relaxing, the increased number of boats on the water during the summer means a greater chance that you or a family member could be injured in a boating accident. In 2023, 3,844 boating incidents were reported, with 564 recorded fatalities.[1] This number does not even begin to compare to the 2,126 reported non-fatal injuries that result from these accidents.[2] As these statistics show, boating accidents are extremely dangerous. It is important you take safety precautions and be prepared if an accident does occur.

Given the tragic and serious nature of boating crashes, safety should be the number one priority when operating a boating vessel. Most boating accidents involve collisions during broad daylight with other vessels or objects in the water. Unlike a motor vehicle or motorcycle accident where individuals are presumably protected by safety equipment such as helmets and seatbelts, there is no safety equipment in place on boating vessels that protect passengers from the immediate impact of a collision.

While alcohol does play a significant role in many boating crashes, the top contributing factors of an accident are operator inattention, improper lookout, and operator inexperience. It’s important to navigate waters at a safe speed, be aware of your surroundings at all times, and keep a lookout for other boats, jet skis, canoes, and partially-submerged objects. Additionally, it is imperative that your boat is stocked with enough lifejackets for every person on board. Where the cause of death was known for the 564 reported fatalities in 2023, 75% of boating accident victims drowned. 87% of these individuals were not wearing a life jacket.[3] While boating can be an extremely fun and family-friendly activity, all individuals involved should be aware of the heightened dangers that come with operating and being on a boat. The more precautions you can take ahead of time will decrease the chance that you will end up in an accident.

To avoid a catastrophic accident and potentially decrease the likelihood of injury, you should ensure everyone on board your boating vessel is aware of and complying with the basic boating laws. These are the basic Virginia boating safety rules you should know about.

(1)   Ensure the person driving the boat has met the requirements for boating system education and possesses a valid boating license.[4] This is often achieved by taking a proper boating course and passing a comprehensive boating knowledge test.

(2)   Refrain from operating a boat while under the influence of alcohol or other intoxicating substances (Virginia Code § 29.1-738(B)). If an intoxicated boat operator is responsible for causing a crash and the evidence shows that the operator’s conduct was so willful and wanton as to show a conscious disregard for the rights of others, then such circumstances may warrant a finding of punitive damages to punish and deter the boat operator’s egregious conduct.

(3)   Make sure the vessel’s lights are properly working between sunset and sunrise. Without proper lights, other boating vessels will have difficulty seeing your boat. Having properly functioning navigation lights helps ensure that your vessel remains sufficiently visible at all times.

(4)   In the event an accident occurs, stop and render assistance if you can without putting yourself in harm’s way. Give your information to the other parties involved and report the incident promptly. Virginia law requires the operator of vessels involved in a collision to stop and render assistance to a level possible without serious danger to the operator’s own vessel and passengers.[5]

(5)   When towing another person on water skis, a surfboard, or a similar tubing device, ensure you have an individual in addition to the boat operator on board to observe the individuals being towed by the boat.[6]

Injured in a boating crash? Our Virginia boating accident attorneys have recovered millions of dollars for clients injured in boating crashes. Contact us today for a free consultation. Our “Go Team” of personal injury lawyers, paralegals, investigators, and in-house nurses are responsive and ready to act immediately for you to maximize your potential recovery.

[1] Department of Homeland Security, Coast Guard releases 2023 recreational boating statistics, United States Coast Guard News (May 28, 2024) https://www.news.uscg.mil/Press-Releases/Article/3788966/coast-guard-releases-2023-recreational-boating-statistics/.
[2] Id.
[3] 2023 Executive Summary, United States Coast Guard (May 2024) https://www.uscgboating.org/library/accident-statistics/Recreational-Boating-Statistics-2023.pdf.
[4] Va. Code § 29.1-735.29(A).
[5] Va. Code § 29.1-739; Va. Code § 29.1-740.
[6] Va. Code § 29.1-742.