Diving Victim Of Severe Hit & Run Boat Collision

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Boats should be required to fly a 3' x 5' dive flag. Boats with divers in the water should be required to be within 300' of their divers. Divers should have a 24" flag 36" above the water. As divers it is our responsibility to stay out of contact with boat hulls and props.


How is it my responsibility to stay out of contact with a boat prop that 5 miles away, traveling at 25 mph, that could or could not be headed in my direction?

As a pedestrian, it is my responsibility to use the cross walk and look both ways. It is the drivers responsibility to stop when the light is red.
 
It's not your responsibility - it's your choice to surface right in front of a speeding boat that has not seen your dive flag.

Someone will start a thread in your memory "Ah beertiki, gone but not forgotten...", and the usual suspects will weigh in with condolences to your loved ones in the In Memoriam section. Boring people like me will maybe chime in with pedantries like "Gee, maybe the guy should have listened at 10' for high RPM screaming up-Doppler" or other useless arcane gibberish.

The point of all this is that no matter who is at fault - doesn't matter a whit, when two objects, one of which weighs substantially more than the other object, collide, well sir or ma'am, the lesser object becomes what's known in the military and insurance circles as FUBAR.
 
While it is our responsibility to listen for boats before surfacing, beertiki has a point. When I lived in Key West, there were boaters who had no regard for a dive flag, some even passed next to us as we were starting to enter the water. What enrages me are the number of drunk boaters and those with little experience. Given Florida's sunny weather and so much ocean, there is just more boat traffic.

But looking at Perry sitting up in bed is a wonderful sight. I don't know him, but I wish him the best for a full recovery and a return to diving when he is able. Hey Perry, greetings from the Virgin Islands, hope you can come down here and dive when you are better.
 
Responsible for what?? Responsibility for the accident lies solely with the captain of the boat the way I see it, and the way I read the law.

Here is the law.
The size of divers-down flags displayed on vessels must be at least 20 inches by 24 inches, and a stiffener is required to keep the flag unfurled. Dive flags carried on floats must be at least 12 inches by 12 inches. Also, divers-down flags on vessels must be displayed above the vessel's highest point so that the flag's visibility is not obstructed in any direction.
Divers must make reasonable efforts to stay within 300 feet of a divers-down flag on open waters (all waterways other than rivers, inlets, or navigation channels) and within 100 feet of a flag within rivers, inlets, or navigation channels.
Vessel operators must make a reasonable effort to maintain a distance of at least 300 feet from divers-down flags on open waters and at least 100 feet from flags on rivers, inlets or navigation channels. Vessels approaching divers-down flags closer than 300 feet in open water and 100 feet in rivers, inlets and navigation channels must slow to idle speed.
When divers are out of the water, a dive flag may not be displayed.

Most local boat captains expect divers to be where Perry was, and avoid even bringing their boats over that area. My personal opinion is that he was struck by a rental boat, or someone with a brand new boat, and new to boating in the area. Any time I see boats in the area its either the stupid Parasail boat, (beware!) rental boats that are not supposed to leave the ICW waterway but do anyway (why do they have to rent these at all, dumb idea!) and kids on jet skis. Oh and other dive boats.
 
Responsible for what?? Responsibility for the accident lies solely with the captain of the boat the way I see it, and the way I read the law.

We will put that on your tombstone.

If you are killed by a boat prop it really wont matter much what the law says. Ohhhh, they might find the boat driver and even bring them up on charges... but does that matter one bit? You are still dead.

I don't worry about getting hit by boat props. Why? Because I am never shallower than 10 FSW when I hear a prop with an up doppler shift while I am underwater. That means on the way up, I get off the trigger of my scooter, stop letting air out of my wing and listen.

My biggest concern about getting hit underwater comes when I hear a slow moving boat. You don't see it much here in Ft Lauderdale, but a 15 pound downrigger weight being trolled over a reef, right off the bottom, with a sharp hook not too far behind it will tend to put the fear of god into you.

Again, if you are incapable of listening for boat motor doppler shift while surfacing, you have no business diving in south Florida.
 
https://www.shearwater.com/products/teric/
https://xf2.scubaboard.com/community/forums/cave-diving.45/

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