Recently, Fox News reported a boating accident in California. Four men was reported missing and presumed to be dead after a boat, which was said to be overloaded, capsized and sank in a canal of the Sacramento-San Joaquin delta.
Six out of 10 passengers made it to shore alive without life jackets. The operator was arrested for allegedly boating while intoxicated. The report said he could face vehicular manslaughter charges.
In the US, there were 688 boating deaths recorded last year. The reported injuries increased from 3,474 in 2006 to 3,686 in 2007. Boats accident rose from 4,967 to 5,223 last year. Property damage amounted to a whopping $53,288,858.
Like the recent California case, many boating accidents were due to operator’s intoxication. Deaths could have been prevented by wearing life jackets. Common causes of death in waters often include:
• drowning
• trauma
• cardiac arrest
• hypothermia
• carbon monoxide poisoning
The US Coast Guard reported that 2/3 of all fatal boating accident victims died due to drowning. Ninety percent of them were not wearing a life jacket while seventy percent of reported deaths occurred on boats where the operator had not received boating safety instruction.
Under the law, a boating accident which involves fatality, serious injuries beyond first aid or property damage amounting to over $2,000, must be reported to proper government authority. Some states even require reports for as low as $100 property damage.
A formal written report is needed under the following instances:
1. there is death due to accident
2. there is injury which requires medical treatment beyond first aid
3. there is a complete lost of the vessel or damage to the vessel and property amounting to more than $2,000
4. there is disappearance under circumstances of death or injury
The report should be filed within 48 hours of the accident or if anyone dies within one 1 day or if a person suffers serious injury. If there is only damage to the vessel and/or property, the report is required to be filed within 10 days.
Boat accidents may range from collision with a vessel, collision with a fixed object, skier mishap, falls overboard to the worst case of capsizing. US Coast Guard statistics ranked the top ten contributing factors which can directly cause boat accidents:
1. Operator inattention
2. Careless/Reckless operation
3. Excessive speed
4. Passenger/Skier behavior
5. No proper lookout
6. Operator inexperience
7. Alcohol use
8. Hazardous waters
9. Machinery system failure
10. Equipment system failure
The boat operator and owner are required under the law to exercise highest degree of care so as not to cause loss, injuries and damage to others. A slight departure would make them liable for torts. Once negligence is established, the owner or operator must pay the injured party for compensation.
A boat accident lawyer can help rescue you from the legal storm that you might encounter following a boat accident. His role would be essential in determining the extent of loss and the proper compensation that is due you. The long line of cases proves the indispensability of this professional in helping victims of boat accidents. When you encounter one, remember that a boat accident lawyer can also rescue you – legally.
If you have issues regarding a personal injury case such as a boating accident, you can seek the services of our skilled Los Angeles personal injury lawyers. You can log on to our website at http://www.personalinjurylawyerinc.com and avail of our free case analysis.
Source: http://www.ArticlePros.com/author.php?Jamil Estorninos
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