While Tennessee law imputes liability on vessel owners for damages that their vessel causes, regardless of whether the owner is present, an exception exists when the vessel is used without the owner’s permission or consent. Moreover, the law requires vessels within 300 feet of commercial boat docks to reduce their speed, even when an area is unmarked. Although these laws are essential to reduce the likelihood of accidents and injuries, the most critical laws involve boating under the influence.

Despite the widespread knowledge of the dangers of boating or driving under the influence, people continue to engage in this harmful behavior. Tennessee prohibits individuals from operating a powered or sailing vessel under the influence of drugs or alcohol. Those who fail to abide by these crucial laws may cause significant injuries and property damages. Further, boating under the influence can result in civil and criminal penalties. In addition to collisions, boating injuries may stem from onboard carbon monoxide poisoning, electrical accidents, and equipment defects.

Local news sources recently reported that as of mid-September, there had been 18 Tennessee boating-related fatalities in 2021. While the state experienced a record number of deaths in 2020, the number of boating-related deaths is alarming. The Tennessee Wildlife Resources Agency (TWRA) explained that last year’s fatalities were likely higher because more people were on the water during the lockdown. Unlike last year when TWRA enforcement officers were only approaching those engaging in blatant violations, the agency is making its presence more known this year. To date, there have been over 90 boating under the influence arrests in the state. In addition to fatalities, TWRA reports that many individuals suffer serious injuries.

After a Tennessee boating accident, the victim and their family may pursue a claim against any at-fault negligent party or entity. In most cases, liability typically lies with the entity which owned the boat, unless the victim’s actions caused their injuries. In other cases, liability may rest with a negligent product manufacturer or boat tour operator.

Have You Suffered Injuries in a Boating Accident in Tennessee?

If you or someone you love has suffered injuries in a Tennessee boating accident, contact the Hartsoe Law Firm. Our firm handles claims stemming from Tennessee auto, truck, and motorcycle accidents, premises liability, wrongful death, nursing home abuse and negligence, and product liability. Attorney Hartsoe provides each client and claim with individualized attention to address the client’s specific needs and concerns. He has recovered significant amounts of compensation for Tennessee injury victims. Contact the law firm at (865) 804-1011 to schedule a free initial consultation with Attorney Mark Hartsoe. Calling is free, and we will not bill you for any of our legal services unless we can recover compensation on your behalf.

According to the Knoxville News Sentinel, an Ohio man drowned at Cove Lake State Park in late September. The victim and another man had been enjoying a day of fishing on a rented boat. The victim quickly stood up in the boat, causing it to capsize; the victim fell overboard and drowned. The other man in the boat was able to swim to safety.

Additionally on September 13, The Daily Times reported that a Maryville man also fell overboard while boating near Tellico Dam. The victim in this accident was standing near the bow of the boat when he fell overboard. A cable near the bow had been reported as loose, which may have been the cause of the accident. The boat was empty and ran aground on some rocks until a witness on the shoreline shut off the engine.

The Tennessee Wildlife Resources Agency (“TWRA”) is investigating both drownings. There is no indication whether either of the drowning victims were wearing approved flotation devices.

The U.S. Coast Guard has revealed that thousands of boating accidents occurred in 2012, resulting in 651 fatalities nationwide. The majority of fatalities were due to drownings, where 83 percent of the victims did not wear a life jacket. Tennessee streams, rivers, and lakes are not immune to boating accidents. The TWRA reported 12 boating accident drownings in 2012.

The U.S. Coast Guard recommends several tips for having a safe and enjoyable day on a boat.

1. Perform A Vessel Safety Check Hazards like the broken cable in the Tellico Dam accident can be detected during a Vessel Safety Check. The U.S. Coast Guard Auxiliary and the United States Power Squadrons offer a free Vessel Safety Check by certified vessel examiners. The examination is free and there are no consequences if you don’t pass.

2. Take A Boat Safety Course According to the U.S. Coast Guard, operator error accounts for 70% of all boating accidents. Many of these accidents could have been prevented had a boating safety course been taken. Tennessee requires boat operators to complete a TWRA Boating Safety exam; however, it is always a good idea to take a boating safety course. Many are offered in Knoxville by organizations like the East Tennessee Boating Safety Classes and The Knoxville Power Squadron.

3. Avoid Boating Under The Influence The 2012 Tennessee Boating Accident Statistical Report shows that alcohol and other drug use was the primary cause of fatal boating accidents. Operating a vessel with more than a .08% blood-alcohol level violates a Tennessee statute and creates a presumption that the boat operator was under the influence of alcohol.

4. Make Sure All Passengers Are Wearing Life Jackets The U.S. Coast Guard estimates that life jackets could have saved the lives of over 80 percent of boating fatality victims.

To meet U.S. Coast Guard requirements, a boat must have a U.S. Coast Guard approved life jacket for every passenger. Furthermore, rental companies have an obligation to provide safe equipment including life preservers.

Boating accidents can occur from reckless boat operators, collisions, and falling overboard. We have the experience and can handle a wide range of boating accident cases. If you have suffered an injury from a boating accident, you may be able to claim compensation for your injuries. If you have lost a loved one as a result of a boating accident, you may be able to file a wrongful death claim. Furthermore, a claim against a rental company or other third parties may be possible.

If you or someone you love has been the victim of a boating accident, you may be able to pursue remedies in a civil lawsuit. Please contact Hartsoe Law Firm, P.C. at (865) 804-1011.

Additional Resources: USCG Boat Safety Tips USCG Vessel Safety Check Tennessee Wildlife Resources Agency for Boating TWRA 2012 Tennessee Boating Accident Statistical Report

More Blog Entries: Tennessee Boating Accident Risks Skyrocket through Summer July 24, 2013, Knoxville Injury Lawyer Blog

According to WBIR, a man from Andersonville was recently charged with boating under the influence (BUI) following an overnight boating accident. This one happened on Norris Lake in Union County. Near midnight, a runabout slammed right into the back-end of a pontoon boat. There were 11 people on these two boats. Two passengers on the pontoon were taken to Tennova-North Knoxville Medical Center and two passengers of the runabout were thrown into the water. Accident reports indicate that the runabouters were not wearing life jackets. While officials with the TWRA are still investigating, the captain of the runabout has been charged with BUI.

Our Tennessee boating accident attorneys understand that there was also a fatal accident that claimed the life of a woman from Clarksville. According to KnoxNews, the woman was tubing one evening when somehow she got caught in the boat’s propeller. Officials with the Tennessee Wildlife Resources Agency report that the woman was dead when they arrived. An additional boater was also injured in this accident. Officials are still looking into whether alcohol was a factor in the incident.

According to the Tennessee Wildlife Resources Agency, there were close to 260,000 registered vessels in the state of Tennessee in 2011. That’s about 2,000 more than the previous year. With that being said, we also saw an increase in the number of reported boating accidents, from 162 in 2011 to more than 170 in 2012. Of all of the bodies of water in the state, Norris Lake and Chickamauga Lake were rated the most dangerous during the year, with close to 20 reported accidents each. Overall, Polk County was the county with the most reported boating accidents. The costs of boating accidents in Tennessee in 2013 totaled $2.3 million, also an increase from previous years.

When breaking down these kinds of accidents, it’s clear that a “collision with another vessel” was the most common type of accident reported, followed by fire. The most common operation during an accident was “cruising.”

According to the 2012 reports, there was an decrease in the number of accidents involving alcohol and/or drugs — from roughly 5 percent to less than 3 percent.

But we’re not off the hook.

There were still close to 20 boating fatalities in 2012. In addition to these fatalities, there were nearly 100 injury boating accidents reported, totaling more than 105 injuries. While we’ve seen a decrease in the number of deaths, by one fatality, from the year before, it’s time to hone in on safe boating habits through the remainder of boating season.

If you or someone you love has been involved in a boating accident, contact Hartsoe Law Firm, P.C. at (865) 804-1011.