Boat Propeller Accidents and Injuries

According to Tyler Bengard, a San Bernardino County Sheriff’s Deputy, the man “was injured in the back of the legs and had an artery severed by a boat propeller around 4:30 p.m.” Soon after the accident took place, a patrol boat from the San Bernardino County Sheriff’s discovered the scene. Early reports indicated that “an off-duty medic was able to provide early treatment to the injured man before the sheriff’s department transported him across the lake to Arizona, where he was airlifted to Sunrise Hospital in Las Vegas.”

Bengard emphasized that the victim was lucky that his injuries weren’t worse. To be sure, suffering a severed artery in the leg could have led to significant—and potentially life-threatening—blood loss. The deputy described the accident as “the most serious his agency responded to” over the recent Memorial Day weekend.

Just a couple of weeks after the serious accident on Lake Havasu, the Havasu News-Herald reported another boat propeller accident on the lake near Copper Canyon. This time, a 24-year-old man suffered life-threatening injuries to his chest after coming into contact with a boat propeller. A fire department boat reportedly brought the victim to Havasu Regional Medical Center where emergency responders were able to “bring the victim into stable condition.” He will require further treatment and transfer to a hospital in Las Vegas.

Boating Safety and Accident Statistics

The U.S. Coast Guard (USCG) emphasizes that hundreds of boaters suffer fatal injuries each year in boating accidents. In 2013, the USCG collected the following facts about boating accidents:

• More than 4,000 boating accidents occurred, which resulted in 2,620 injuries and 560 fatalities.
• The boating accident fatality rate has actually decreased from previous years, showing a 13 percent decrease between 2012 and 2013. The total number of accidents also decreased by 10 percent.
• Nearly 80 percent of fatal boating accidents were classified as drownings, and 84 percent of those victims weren’t wearing life jackets.
• Nearly 80 percent of boating accidents that resulted in death took place on boats where the operator hadn’t received any boating safety instruction. On the flip side, only 13 percent of fatal boating accidents involved operators who had “received boating safety instruction from a course provider offering a course meeting the U.S. Coast Guard-recognized national standards.”
• Small boats are most frequently involved in serious accidents. To be sure, eight of every 10 drowning accidents occurred on a boat fewer than 21 feet.
• The five primary causes for boating accidents include operator inattention, operator inexperience, improper lookout, speeding, and machinery failure.

If you or someone you loved has been injured in a boating accident in Southern California, you should discuss your case with an experienced San Diego accident attorney as soon as possible. Contact the Walton Law Firm today to learn more about how we can help with your case.

Photo Credit: micaht2000 via Compfight cc See Related Blog Posts: Boating Race Accident Fatality Summer Safety and Drowning Accidents

Personal injuries can occur in many different environments, and accidents during recreational activities often result from negligence. If another person’s negligence led to catastrophic injuries or the wrongful death of a loved one in a boating accident or other activity, it’s important to speak to an experienced boating accident lawyer. You may be eligible to file a wrongful death claim or a personal injury lawsuit to seek financial compensation.

San Francisco Sailboat Collision

What happened recently in the San Francisco Bay? According to the article, a planned “fun night of sailing” quickly ended when a sailboat “collided with a channel marker buoy in the San Francisco Bay.” The four occupants onboard the boat had been involved in a “noncompetitive race along the shores near Redwood City,” reported Lieutenant Sean Hart. Additional reports indicated that the noncompetitive racing event had been designed as a kickoff for the yacht club’s “Beer Can” races, which occur on Wednesday nights during the months of April through October. In these races, “people new to sailboat racing learn about the sport and give experienced racers and their crews a chance to practice.”

The name of the event has nothing to do with alcohol consumption, however, and drinking is “frowned upon and discouraged while racing.” The local authorities indicated that alcohol didn’t appear to be a factor in the fatal collision. Indeed, the owner of the boat, Winston Bumpus, passed a sobriety test soon after the crash. And weather conditions weren’t a factor, either. According to Hart, “it was a great night for boating.” Authorities continue to investigate the crash in order to determine the cause of the collision and possible liability for the fatal and serious injuries.

The sailboat involved in the crash, a 42-foot-long Catalina called “Bella,” is now in ruins. The collision reportedly caused the mast of the boat to “snap off completely.” Two of the four occupants sustained severe injuries, and one of those passengers, 39-year-old Young Sun, died. The victim, according to the San Mateo Coroner’s Office, had been a resident of Burlingame. A U.S. Geological Survey boat rescued the passengers, but Sun was pronounced dead at the scene. The other victim sustained a brain injury and “was hospitalized in serious condition.”

Recreational Boating Statistics

Boating is a popular recreational activity in California and in many states across the country, but boating accidents can end in tragedy. According to statistics gathered by the U.S. Coast Guard, 4,515 boating accidents occurred in 2012 alone. Those collisions led to 651 deaths, 3000 personal injuries, and about $38 million in property damage.

While a majority of boating accident fatalities result from drowning (more than 70 percent), boating crashes also occurred with some frequency. According to the U.S. Coast Guard, the primary contributing factors in such accidents include:

· Operator inattention

· Operator inexperience

· Improper lookout

· Mechanical failure

· Excessive speed/speeding

As you can see, most of these factors are likely to involve negligence of the boat operator. If you or a loved one has sustained injuries in a boating accident, don’t hesitate to contact an experienced San Diego injury attorney who can examine your case for you today.

Photo Credit: nixam via Compfight cc

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San Dimas Boating Accident Claims Three Lives, Leaves Four Others Injured

Jury Awards $1.68 Million to Abandoned Diver

What was supposed to be a fun and relaxing day on the water for two families turned into a horrifying nightmare this week when a jet ski watercraft collided with a motorboat on Puddingstone Reservoir in San Dimas, CA. According to an article from NBC San Diego, three women were riding on the jet ski when the collision occurred. 34-year-old Maricon Abello, her mother Aurora Yeso, and her cousin Anesia Bautista were all killed instantly upon impact. Four people from the other boat involved in the crash were injured in the collision, as well; but the severity of those injuries was not immediately reported.

The cause of the San Diego boat crash is still under investigation, but the severity of the crash makes it appear that speed may have been a factor. The scene on the water in the immediate aftermath was chaotic, with debris from the two boats strewn all over the place. There has been some speculation, based on witness statements, that the two boats may have collided as a result of one or both of them losing control while trying to navigate a turn; but that is, at this time, just a theory. There were no applicable boat speed limits in that area, but watercraft operators at Puddingstone Reservoir are required to maintain a minimum distance of 25 feet from other boats. Hopefully, with time, investigators will be able to put the story of what really happened together and figure out how to prevent similar accidents from occurring in the future.

Because of San Diego’s temperate climate and its proximity to the ocean and to other bodies of water like Puddingstone Reservoir, San Diego boating accidents are all too real a concern for those who live in this area or who vacation here. When something like this happens, there are no easy answers, especially when the cause of the incident is unclear. As the families of the victims try to pick up the pieces after this tragedy, they will rely on investigators to determine what happened and what ultimately caused this crash. Knowing why it happened can help bring closure to the families, and it can also help determine whether this was a nightmare that could have been avoided.

Our San Diego boating injury attorney knows how important it is to get all the facts and find out what ultimately happened. Being able to confront those who are responsible for injuries or even for the death of loved ones is an important part of the healing process. If you have been injured or have lost someone in a boating accident, give our office a call today. You may be entitled to compensation for your suffering. Although money cannot undo the pain or repair a loss entirely, many people find that simply being able to hold the responsible party liable for his or her negligence can help bring closure to a difficult situation. Your initial consultation is free, and our San Diego injury lawyer will analyze your case and help you understand your rights.

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Five Injured, One Killed in San Diego Bay Tragedy

Jury Awards $1.68 Million to Abandoned Diver

This is an amazing jury verdict. In 2004, Daniel Carlock was scuba diving with Ocean Adventures Dive Co. out of Los Angeles. During a dive near an oil rig, Carlock surfaced about 400 feet from the dive boat when he had trouble equalizing the pressure in his ears. As he tread on the surface of the water, and to his astonishment, his dive boat started to motor away.

As was established in his lawsuit, the dive-master on the boat marked Carlock as present, and then traveled to a different spot, where the group dived again and where (again) the dive-master marked Carlock as present. Meanwhile, Carlock was left floating alone in the foggy and sharky waters about 12 miles off the coast of Long Beach. He testified that he prayed to God to allow him to survive, and after about five hours bobbing in the sea, Boy Scouts passing in a nearby boat spotted him and he was rescued.

That’s the case. An obvious case of negligence that certainly warrants a measure of compensation., but $1.68 million?

In his lawsuit, Carlock claimed negligent infliction of emotional distress and fraud. It’s not clear what the basis for the fraud claims was, but he would certainly be entitled to damages for emotional distress. It doesn’t appear that he suffered any physical harm; although he did claim curiously that it caused him to develop skin cancer. How did the verdict get to be so high? We can only speculate that he had a very good lawyer – Scott Koepke of Los Angeles – and that the defendants were very unlikable. Such a huge award for emotional distress damages is very, very uncommon.

Carlock, of course, was very pleased. He told the LA Times, “It has been an ordeal, but I wanted to seek changes in the scuba industry. Others will benefit.”

Source: San Francisco Chronicle

The accident and injury attorneys at Walton Law Firm represent individuals who have been injured in all types of accidents, including car accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

The criminal investigation into the Coast Guard boat accident that claimed the life of 8-year-old Anthony DeWeese is revealing a startlingly relaxed and sometimes “cowboy” attitude toward the operation of Coast Guard boats. The lead investigator into the accident has testified that boat operators failed to assign lookouts during patrols, used cell phones for talk and text while on the water, and failed to evaluate risks before embarking on mission.

The investigator, Cmdr. Brian Roach said he couldn’t believe what he saw when he began his investigation. When the 30-year veteran was taken to the scene of the accident by other crew members he was stunned by what he witnessed. The four-person crew used their phones and ignored lookout duties:

“Disappointing is the better way to put it,” Roach testified the criminal investigation hearing, adding that when no one else did it, he started calling out the locations of nearby boats. “The crew looked at me like, ‘What are you doing?’ My palms were starting to sweat.”

Lawyers for the petty officers charged with DeWeese’s death don’t necessarily diagree with Roach’s assessment, but lay the blame with the Coast Guard itself for failing to provide adequate training. Petty Officer 3rd Class Paul A. Ramos was driving the Coast Guard vessel when it slammed into the DeWeese family’s 24-foot pleasure boat.

The tragedy, as expected, is going to lead to a civil lawsuit for the death of DeWeese, the trauma his parents endured, and the severe injury to another passenger.

Source: San Diego Union Tribune

The San Diego based Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call at (760) 571-5500 for a free and confidential consultation.

Witnesses told NBC San Diego that about 100 people were waiting to get on the boat, but had to wait for those disembarking the boat to leave first. Staff from the Bahia Hotel told those waiting to move to the left to let leaving passengers get by when, without warning, the bridge gave way.

Robert Wait told NBC that “the bridge itself twisted like a snake, people were going off.” The actual drop to the water was approximately 15 feet.

“The next thing I knew I was thrown into about 3 feet of water with everyone else,” an anonymous witness said. “People went down all around me, a lot of people fell on top of other people, and a few people were still clinging to the dock. Everyone was confused, trying to get up.”

Two guests were transferred to a hospital with what were described as minor injuries minor injuries.

Source: NBC San Diego

The Walton Law Firm of San Diego represent individuals who have been injured in all types of incidents, including property injuries, defective products, car accidents, worksite injuries, food poisoning, pedestrian injuries, construction accidents, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

Witnesses told the San Diego UT that there were dozens of boats anchored on the bay to watch the boat parade, a San Diego tradition that draws thousands. The Coast Guard boat, apparently responding to an emergency call, was racing across the water when, for reasons unknown, it slammed into the smaller boat. The accident took place at around 6:00 p.m.

“We heard them saying ‘Watch out’ and ‘Oh my God,’” said eyewitness Breck Schoch. “They had half a second warning before the thing hit.”

Remarkably, no one was thrown into the water, and both boats made it to land under their own power. The Coast Guard has promised a thorough investigation.

Source: San Diego Union Tribune

UPDATE (12/24/09): The DeWeese family, whose 8-year-old son Anthony Cole DeWeese died in the boating accident above, has hired attorney Mike Neil, to represent them, in what will likely become a wrongful death lawsuit against the government. Neil wasted no time in assessing blame for the accident:

“From what I’ve been able to glean, the Coast Guard boat was traveling way too fast under the circumstances,” said Neil. “A boat that is grounded is not an emergency. You don’t put other lives at risk for that.”

The Union Tribune is reporting that, for the first time, the Coast Guard is publically responding to claims that made by witnesses and local boaters that the Coast Guard boats often go to fast and have a “cowboy” attitude.

Of the 13 people reported to be injured, five were hospitalized, three with serious injuries.

Source: San Diego Union Tribune

The accident and injury lawyers at the Walton Law Firm represent individuals and families throughout the region who have been injured in all types of personal injury incidents. Call (760) 571-5500 for a free consultation.

The filing of a claim is not a lawsuit, but a precursor to a lawsuit. Under California law, anytime a person wants to file a law against any governmental entity, whether a city, county, or any other public agency, it must first file a claim against the public entity, and the claim must be denied. In addition, the claim must be filed within 6 months of the incident. If the claim is not filed within six months, the person is usually barred from filing a lawsuit.

This requirement, which places an unfair burden on claimants, is often confusing for claimants. For example, if Alyssa Squirrell was killed by a private boater, not a city employee, her family would have up to two years to file a wrongful death case against the boater. Since the prospective defendant is the City of Huntington Beach, they must first file the claim referenced above, then will be permitted to file a lawsuit once the claim is denied (which is what Huntington Beach will do). After the claim is denied, the family will have six months. So while California has a two-year statute of limitations in most personal injury claims, it is usually one year in cases involving public entities.

The Squirrell case is just a plain tragedy. By all accounts the boat operator was an excellent lifeguard, who, for just a moment, acted negligently.

Source: ocregister.com

Walton Law Firm represents personal injury victims throughout San Diego County in cases involving negligent conduct, including car accidents, pedestrian accidents, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call 760-571-5500 for a free consultation.