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Boating accidents

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Voyager
Master Marine Consultant

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USA
5376 Posts

Initially Posted - 05/24/2014 : 11:18:01

We've all seen the YouTube videos of crashes and "stupid boat tricks", but seriously - what do you do in the case of a hit and run? Imagine the following scenario.
You're sailing on a starboard reach and the foresail partially blocks your view off the port bow. A powerboater comes at you at full speed and misjudged and hits the starboard bow with his boat, scrapes up the side, knocks around your passengers and roars away. You can't see his boat reg number or even the name before it speeds off. All you know it's a white boat with a black outboard and a blue bimini.
You call the USCG or Lake Boat Patrol on the VHF, call 911 if any injuries occurred, call the insurance company and call your lawyer. So what do you do?
If you call a Pan-Pan over the radio, there's a possibility that other boaters might see the hit and run boat, but its not clear that others have a responsibility to report an ID or stop the other boater.
Have y'all had any experiences like this? Have you read about any similar situation?

Bruce Ross
Passage ~ SR-FK ~ C25 #5032

Port Captain � Milford, CT

Edited by - on

OJ
Master Marine Consultant

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USA
4382 Posts

Response Posted - 05/25/2014 : 07:56:02

No, but this holiday weekend is young!

Edited by - on

Stinkpotter
Master Marine Consultant

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Djibouti
9080 Posts

Response Posted - 05/25/2014 : 08:56:47

Why do you ask?? Is this purely hypothetical, or........

I'd immediately call the local police, who in my area have a boat. Then I'd contact the USCG on ch. 16, which might get the attention of some other boaters. This qualifies as a hit-and-run and possible (or probable) OUI.

Edited by - Stinkpotter on 05/25/2014 09:03:41

Steve Milby
Past Commodore

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Response Posted - 05/25/2014 : 09:25:40

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by Voyager
 We've all seen the YouTube videos of crashes and "stupid boat tricks", but seriously - what do you do in the case of a hit and run? Imagine the following scenario.
You're sailing on a starboard reach and the foresail partially blocks your view off the port bow. A powerboater comes at you at full speed and misjudged and hits the starboard bow with his boat, scrapes up the side, knocks around your passengers and roars away. You can't see his boat reg number or even the name before it speeds off. All you know it's a white boat with a black outboard and a blue bimini.
You call the USCG or Lake Boat Patrol on the VHF, call 911 if any injuries occurred, call the insurance company and call your lawyer. So what do you do?
If you call a Pan-Pan over the radio, there's a possibility that other boaters might see the hit and run boat, but its not clear that others have a responsibility to report an ID or stop the other boater.
Have y'all had any experiences like this? Have you read about any similar situation?
<hr height="1" noshade id="quote"></blockquote id="quote">You have done most of the right things already.

Late one Saturday night, years ago, someone hit my car and left the scene. At the point of impact I found a piece of black fiberglass with a red pinstripe on it. While I was waiting for the police, I thought, "This sounds like the work of a young Saturday-nite partier, who drives a snazzy black car with a red pinstripe, and there just happened to be an apartment complex nearby that was largely occupied by such folks, so I went through the parking lot and found a black Mustang with a red pinstripe...and the left front fender was protruding out to one side, like the extended wing of a wounded seagull. When the pd arrived, I showed it to him, and he began to chuckle. After a little more investigation, the police had their man.

I'd look at your boat for paint scrapings or other clues that might help identify the boat, and then walk through marinas in the immediate area, as soon as possible that night, looking for a power boat with damage.

Edited by - on

Stinkpotter
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Djibouti
9080 Posts

Response Posted - 05/25/2014 : 19:52:30

Unfortunately, Bruce's "immediate area" for a powerboat probably runs from Norwalk, CT, to Port Jefferson, NY, to New Haven, CT--and that's arbitrary. On the other hand, on weekends like this, the local police are out and the Coasties often have a chopper on patrol. A directional bearing could put them in pursuit pretty quickly. "White boat with Merc"... probably not so helpful. But I think I'd start with 911, and then Ch. 16.

Edited by - on

Voyager
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5376 Posts

Response Posted - 05/25/2014 : 20:28:47

Let me first say that I had a close call, but thankfully there was no actual contact.
Nevertheless, the powerboater took off and I had absolutely nothing to go on.
This got me wondering - whaddaya do? As Dave points out a powerboat with a top speed of 30-40 mph could be long gone in a half hour that 1st responders would be on scene. So the question is: can you rely on other nearby boaters to eyeball a hit and run boater?

Edited by - on

Stinkpotter
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Djibouti
9080 Posts

Response Posted - 05/26/2014 : 14:58:52

If I'm out there and see what you described, first I'll go to the boat that isn't running away to make sure everyone and the boat are OK. If so and I can still see the runner, I'll probably follow him and contact the Coasties after the hit boat has a chance to contact the cops. (The Coasties will be listening and will probably ask for help with the runner.)

I had a near miss like that in my Daysailer years ago, but the offending powerboat was the Darien marine police. He was accelerating in a sharp turn and hadn't noticed me until he barely had room to swerve. We got sprayed pretty good, but we were lucky! (Who do you call then??

)

Edited by - on

OJ
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USA
4382 Posts

Response Posted - 05/26/2014 : 15:12:08

)
<hr height="1" noshade id="quote"></blockquote id="quote">

His mother

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TakeFive
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2272 Posts

Response Posted - 05/26/2014 : 16:06:01

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by Stinkpotter
 ...I had a near miss like that in my Daysailer years ago, but the offending powerboat was the Darien marine police. He was accelerating in a sharp turn and hadn't noticed me until he barely had room to swerve....<hr height="1" noshade id="quote"></blockquote id="quote">Ya mean like this?

http://m.youtube.com/watch?v=j_eH229fMfM

Edited by - TakeFive on 05/26/2014 17:33:49

Steve Milby
Past Commodore

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5902 Posts

Response Posted - 05/26/2014 : 16:42:03

By "immediate area" I mean the nearest 2-3 marinas. The likelihood is that the culprit is not from 40 miles away, but someone nearby. At any given time, there will be hundreds of local boats in the area, but only a handful of boats from a distant locale. It's a matter of playing the odds, and the odds are that a local boat hit yours. The strategy wouldn't be very effective in Annapolis Harbor or Tampa Bay, where there are dozens of marinas and hundreds or perhaps thousands of private docks in the vicinity, but it would work just fine where there are only 2-4 marinas in the immediate vicinity.

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Stinkpotter
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Djibouti
9080 Posts

Response Posted - 05/27/2014 : 09:48:32

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by Steve Milby
 By "immediate area" I mean the nearest 2-3 marinas. The likelihood is that the culprit is not from 40 miles away, but someone nearby... The strategy wouldn't be very effective in Annapolis Harbor or Tampa Bay, where there are dozens of marinas and hundreds or perhaps thousands of private docks in the vicinity, but it would work just fine where there are only 2-4 marinas in the immediate vicinity.<hr height="1" noshade id="quote"></blockquote id="quote">...and within a half-hour trip from were I'm most likely to be, there are easily over 30 marinas. I'm betting the offender heads for his dock, tries briefly to minimize his damage (evidence), and then leaves with the intent of claiming he was never there and avoiding a field sobriety test. But VHF and cell phones change everything!

Edited by - on

britinusa
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USA
5404 Posts

Response Posted - 05/27/2014 : 18:49:53

Down here, his boat would be just one of several hundred boats in the area on any given holiday.

It seems that some AH does something like that almost every time we're on the water. This weekend was no exception, a woman was killed.

There are multiple agencies in the area. Florida Wildlife, Miami Dade Sheriff, Coaties etc. They seem to get to the area of an incident within about 15mins or less, this on a Bay that is about 30 x 8 miles.

When a boat speeds through the anchorages all the sail boats will blast their air horns, all the power boaters seem to just raise their beer cans. We are outnumbered to the tune of about 1 sailboat in 100 power boaters.

We keep our handheld close at hand even when at anchor, and our air horns are within an arms reach at all times (we carry two rechargable horns)

It's the rare power boater down here that respects other boaters, totally normal to get washed by a passing high speed high wake boat while we are either under sail or at anchor.

Get on the Radio and ask others to watch out and try to track that AH that just swamped us.

I feel your pain.

Paul

Edited by - on

Stinkpotter
Master Marine Consultant

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Djibouti
9080 Posts

Response Posted - 05/27/2014 : 20:50:57

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by britinusa
 ...It's the rare power boater down here [in FLORIDA] that respects other boaters,...<hr height="1" noshade id="quote"></blockquote id="quote">

OK, I'll admit we have our share of AHs. I'll just say I generally get waves--showing the palms and all the fingers.

Edited by - on

britinusa
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5404 Posts

Response Posted - 05/28/2014 : 04:13:29

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by Stinkpotter
 <blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by britinusa
 ...It's the rare power boater down here [in FLORIDA] that respects other boaters,...<hr height="1" noshade id="quote"></blockquote id="quote">

<hr height="1" noshade id="quote"></blockquote id="quote">

in SOUTH Florida We hear from so many 'sailors' that everything changes as they pass South of Palm Beach.

The 'rare' power boater here can be a gentleman, slows as they pass, passes in the distance rather than 30' ahead of us, and is always the recipient of a 'Thank you Capt'n!' gracious salute.

(the others tend to get a partial salute

)

Paul

Edited by - on

Voyager
Master Marine Consultant

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5376 Posts

Response Posted - 05/28/2014 : 12:04:52

I also sent this scenario to a friend at the CT Dept Env Prot - Boating Unit. His bottom line is "hit and run is a criminal offense." Further he asserts that the welfare of the guests and crew are paramount. CG would advise on next steps.
Sounds like hit and runs are uncommon in his experience.

Here's a copy of his text:

"Hello Bruce,

WOW, that is quite a scenario and certainly has a lot of thing going on in it.
First and foremost is the safety of the people onboard the vessels.
If this was me in the sail boat, I'd call the CG and notify them of the accident after checking on my passengers. I am not a Dr. but, would do my best to assesses severity of injuries on my boat and pass this information on to the CG. This information along with condition of the boat will help the CG to decide on the best response.
I would imagine that their response would vary depending on the location of the accident, the severity of injuries, the condition of the sailboat and the availability of assets to assist you. I would wait for their instructions.
This would be a criminal act and needs to be reported. Who's jurisdiction it is would depend on the location of the accident. At the very least the powerboat violated "CGS Sec 15-135 Procedure in case of collision or accident" and the severity of the charges would get increase from there. When the CG figures out the level of response they will also determine who will manage the case from a law enforcement point of view.
I know of no boating law that would "require" anyone to report sighting the evading vessel and I certainly would NOT recommend anyone other than law enforcement attempt to confront it. However, with that said 46 U.S.C. 2304 - Duty to provide assistance at sea, may come into play if a person on another boat sees the accident.(This is a link for the exact wording. http://www.gpo.gov/fdsys/pkg/USCODE-2009-title46/pdf/USCODE-2009-title46-subtitleII-partA-chap23-sec2304.pdf)
As for the sailboat captain reporting the accident, this certainly a reportable boating accident if the damage is over $500. This is covered in CT laws and regulations, (CGS)15-149a, (RCSA)15-121-A7 & 15-121-A8. These are the links for that (CGS - http://www.cga.ct.gov/current/pub/chap_268.htm) and (RCSA - http://www.ct.gov/deep/cwp/view.asp?a=2704&q=323518). The sailboat captain would need to fill out the report to the best of their ability.
Since, your item number (5) is call your lawyer, I personally would want as much information officially documented as possible to protect myself.
I have heard of hit and runs. Maybe not quite to the extent in your scenario but, they do happen.
I hope that this helped you and if you have any more questions please feel free to contact me at any time.
Fair winds,
"

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