You probably got your boat because you want to enjoy going out on the Lakes to see the sights, fish, spend time with friends and family, celebrate special events, or just get away from it all. But boaters, and certainly people new to boating, should make sure that they take the basic safety steps necessary to make going out on the water both a fun and safe experience. And if the worst happens, and someone is injured in a boating accident, then it’s important to get in touch with an a boating accident attorney as soon as possible.
There are various rules that all boaters must follow, and you may be able to seek monetary compensation if someone else was at fault for your injury because they violated the rules.
Admiralty and maritime law applies to any boating or personal watercraft accidents occurring on the Great Lakes and connecting waterways. It is important to remember that admiralty and maritime law covers not just commercial vessels and activities, but also recreational vessels and activities. Admiralty and maritime law is a collection of federal statutory and common law that can offer plaintiffs different causes of action, standards, and procedure than state law, When there are gaps in the federal law, state law that does not contradict federal law may supplement it. Furthermore, “land-locked” bodies of water like ponds and lakes that are not considered navigable would be governed by state general negligence laws. So if your accident happened in a land-locked body of water, then your course of legal action would likely differ from the one you would have taken if the accident had happened on the Great Lakes.
Who the parties to the accident are is also something that can change the course of litigation. For instance, standards set for seamen and “non-seafarers” – such as passengers, guests, or visitors – differ.
Because of the interplay of laws, many of them highly specialized, it is recommended that boating or personal watercraft injury victims have their case reviewed by an attorney experienced with boating accident cases to determine the full extent of their legal rights and remedies.
We offer the follow basics about Michigan boating safety to help you understand the safety precautions that you – and other boaters – should take to avoid accidents from happening in the first place.
It’s a good idea for everyone going out on the water to have a "float plan." This means leaving detailed information with a friend, relative, or marina. You should:
In addition to such a plan, read on to learn some basic things you need to do as a responsible boater.
Michigan requires that boats be properly registered in order to prevent careless boat operators and improperly maintained boats from going out on the water. Registration requires payment of a fee determined by the nature and size of the boat. Once registered, a boat owner will receive a Certificate of Number that must be properly displayed on both front sides of the boat according to the Michigan Department of Natural Resources’ (MDNR) published rules. In addition, a boater may purchase a Michigan Recreation Passport, which provides access to state parks, pathways, and launch points. These can be renewed annually at the same time a boating operator renews registration.
Michigan is one of more than 40 states that, depending on age, type of vessel, and horsepower, requires certain classes of boaters to complete boater safety education and receive certification in order to operate a boat or personal watercraft (PWC). Even when unrestricted, a boater can benefit from taking safety courses to save money on insurance.
Regarding boats, people born on or after July 1, 1996 must receive a boater safety certificate and have it aboard the vessel in order to legally operate a boat. People born before this date may operate a boat unrestricted.
Regarding PWCs, those under 14 are not allowed to operate PWCs. A person who is 14 or 15 years old may operate a PWC if he or she receives a boater safety certificate and is either (1) accompanied by a parent, guardian, or designated guardian who is at least 21 years old or (2) operating the PWC not more than 100 feet away from the parent, guardian, or designated guardian. People born after December 31, 1978 must have a boater safety certificate to operate a PWC. People born on or before this date may operate a PWC unrestricted.
It goes without saying that safety is the top priority out on the water, and life jackets are a necessary component of safety precautions. United States Coast Guard (USCG) statistics indicate that 90 percent of deaths from boating or water accidents could have been prevented simply by using a life jacket. Don’t think that drowning accidents only happen way out in open water. The USCG says that 9 out of 10 drowning cases happen in inland waters, most just a few feet from safety.
Life jackets come in classes as laid out by the U.S. Coast Guard: Type I, Type II, Type III, in addition to Type IV flotation devices. The classed life jackets differ in such ways as
Prospective boaters should visit the Michigan DNR’s website or the USCG website for more detail on these types. If you think this system sounds pretty complicated, you aren't alone—the USCG says they are working on simplifying all of this so it will hopefully be much more understandable and user-friendly in the future.
In Michigan, it’s the law to carry a life jacket for each passenger aboard. For vessels less than 16 feet long, there must be a Type I, II, III life jacket or Type IV flotation device for each person. For vessels 16 feet long or longer, except for canoes and kayaks, the vessel must also carry one additional Type IV. Vessels must have these accessible and out of containers, but better yet, recommends USGC, you should wear it!
Michigan boating laws are in place to keep you and your boating passengers safe. Michigan prohibits reckless operation of a boat. For instance, this means no recklessly weaving in and around traffic, jumping the wake of another vehicle, or harassing wildlife. Michigan law also says you must properly regulate your speed to prevent damage to persons or property. You must, for example, go no faster than 55 mph when less than a mile away from shore on the Great Lakes. In addition, when you are operating a vessel or towing someone, then you need to make sure you keep a safe distance. Michigan lays out the requisite distance requirements for both boats and PWCs depending on speed and on distance from shore, moored or anchored vessels, docks or rafts, other vessels, and marked swimming areas. Check the DNR website for more details.
Keep in mind that in addition to general Michigan rules, each county has its own rules and regulations about boats and watercraft activities. Before going out on your boat, make sure you know county-specific information.
Satisfying all the rules to prevent boating accidents as well as knowing what to do if you or a loved one is involved in an accident can be confusing and intimidating. Our experienced, Michigan-based maritime and boating attorneys are here to help. Contact our Detroit personal injury law office at 1-800-638-6722.
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