Sadly, what was supposed to be a fun day of boating turned into a tragedy for a South Florida family during Labor Day weekend in 2022. A 17-year-old girl died in a boating accident in Biscayne Bay when the boat collided with a channel marker. A Miami real estate broker was charged with vessel homicide in connection with the accident.
Lucy Fernandez was on the boat with 13 other people. Her father, Andy Fernandez, is pushing for new boating laws in Florida. With boating accident injuries and fatalities on the rise, the current laws just are not cutting it. Andy’s goal is to make the water a safer environment. The boats are bigger and faster than ever and the never-ending distractions are making boating a dangerous activity.
The Fernandez family says that enhancing boating and watercraft safety is their calling. They recently introduced “Lucy’s Law” into legislation in Florida. The bill would require more boating safety education and increase penalties for reckless boating, boating under the influence, and boating fatalities. The family says the law is just common sense. While many people believe operating a boat is easy, it is really not. Anybody who plans to operate a vessel needs to obtain a basic level of understanding before going out on the water.
What Does Lucy’s Law Do?
Lucy’s family created Lucy’s Law with the aim of increasing boater safety in Florida’s waters. House Bill 289 comes at a time when reckless boating is on the rise. This legislation increases training requirements to ensure that every boater has the knowledge and skills needed to navigate the water safely. The changes are simple but crucial ones that can hopefully save lives and prevent future tragedies.
House Bill 289 would require safety training for all boaters. Anyone who operates a vessel in Florida would be required to have a basic understanding of safe boating practices. The legislation increases the severity of penalties for reckless and careless vessel operations when these actions lead to accidents involving serious injury or death. In addition, boaters who are under the influence would face driver’s license suspension.
Florida leads the United States in boating fatalities. According to the Florida Fish and Wildlife Conservation Commission, the state averages 65 fatalities per year. In 2023 alone, there were 408 injuries and 59 deaths in the state due to negligent boating. In more than 10% of fatalities, alcohol consumption was a factor.
The most common types of boating accidents involve collisions with vessels and fixed objects. It is believed that the majority of these crashes could have been avoided with education and training. The Fernandez family hopes their efforts of spreading awareness and passing this bill will prevent future tragedies.
Common Causes of Boating Accidents
Boating accidents are often caused by the following:
- Alcohol use. Nearly half of all boating accidents involve alcohol. It impairs judgment, reaction time, and coordination.
- Inexperience. Many boaters lack proper training, leading to mistakes in navigation, docking, or emergency handling.
- Speeding and reckless operation. Excessive speed makes it harder to react to obstacles, other boats, or sudden changes in water conditions.
- Poor weather and water conditions. Storms, strong currents, fog, and waves can create dangerous situations, especially for small or underpowered vessels.
Liability in a Boating Accident
Boat operators can be held liable for accidents caused by negligence. Victims of boating accidents may file personal injury claims against a negligent operator who engages in the following:
- Ignoring navigational rules (such as failing to yield or maintain a safe speed).
- Operating under the influence of drugs or alcohol.
- Overloading the boat beyond capacity.
Safety Measures
- Take a boating safety course. In Florida, you need to complete a boating safety course if you were born on or after January 1, 1988, and want to operate a boat with an engine of 10 horsepower or more. You must also get a Boating Safety Education Identification Card. Courses cover navigation rules, emergency procedures, and equipment requirements.
- Wear life jackets at all times. Drowning is the leading cause of boating fatalities, and 80% of victims weren’t wearing life jackets. The U.S. Coast Guard requires U.S. Coast Guard-approved life jackets for each person on board. Children and non-swimmers should always wear a life jacket, even when the boat is docked.
- Follow navigation and right-of-way rules. Similar to road traffic laws, waterways have rules to prevent collisions. Powerboats must yield to sailboats. Overtaking vessels must pass safely. Also, watch for channel markers, buoys, and no-wake zones to stay in safe areas.
- Check the weather and water conditions. Sudden storms, high winds, and strong currents can quickly turn a smooth ride into a dangerous situation. Always check marine forecasts or local weather apps before heading out. If conditions worsen while you’re on the water, head to shore immediately.
Contact Us Today
Boating accidents like this should never happen. There is so much space on the water that boaters and those on ships should not have to be involved in accidents, especially ones that result in fatalities.
Negligence and reckless behavior on the water can lead to fatal accidents and wrongful death cases. Get the help you need from the team at Brill & Rinaldi, The Law Firm. Whether you are a professional seamen, a crewmember of a boat, a passenger, or a recreational boater, if you have been injured, our attorneys can obtain fair compensation for you. Schedule a consultation today by filling out the online form or calling (954) 876-4344. We have offices in Weston, Coral Gables, and Daytona Beach.