New York Maritime Law Blog

The survivors of a fatal Mattituck boating accident in November have put the Town on Southold on notice that they plan to sue them. They are collectively seeking $30 million for their losses against the New York town.

A Southhold Police report shows that four individuals were riding in a 39-foot powerboat just before 9:17 p.m. on Nov. 10 when they suddenly collided with a bulkhead. That obstruction can be found approximately 200 feet from the James Creek entrance along the Great Peconic Bay.

It doesn't matter whether you are skippering a small boat or serving as a captain to a large ship. The one thing that the individual charged with navigating a water vessel most dreads is operating it in rough seas. Doing this puts crew and passengers at a significant risk of getting hurt.

If someone is going to find themselves on a boat in a body of water during rough seas, then most anyone would agree that the skipper or captain at the helm of the water vessel should be an experienced navigator.

While recreational boaters can often just head to shore when the sun falls, if they're not comfortable driving at night, the same is not always true for those running commercial vessels. Schedules and jobs may require them to continue boating after dark.

Like driving a car at night, boating in the dark carries more potential risks than boating during the day, and so it's very important to know how to do so safely. With that in mind, here are some tips that can help:

• When it doubt, reduce speed. This is often a difficult thing to do for workers who have schedules to keep, but it is better to arrive late than to risk an accident.
• Make sure the crew has the proper emergency gear. For instance, they need lifejackets, flashlights and possibly even night-vision goggles. An accident at night puts people in far more danger if they're not equipped to deal with it.
• Use a look-out. Do not count on the captain to guide the boat and see all hazards. A lookout with a radio who does nothing but watch for problems can save the craft.
• Try to cut back on the light on the boat. For instance, a chartplotter can be useful, but looking at it too much can reduce someone's night vision so that they can't see as well when they need to most.
• Understand that your eyes play tricks on you in the dark. You may see things that do not exist or overlook those that do.

Boating while intoxicated is prohibited in the state of New York. Anyone who is suspected of operating a water vessel while under the influence of drugs or alcohol may have their operator privileges suspended, be fined or imprisoned.

The New York State Office of Parks, Recreation and Historic Preservation argues that an individual's mere consumption of a small amount of alcohol can adversely impact their motor skills. Substances like this most affect an individual's judgment, coordination and balance. Environmental stressors can only exacerbate these concerns.