Accidents on the Water Can Be Just as Deadly as Those on Roads
Negligent acts can injure or kill, no matter the form of transportation involved in an accident, and they can be the basis of an insurance claim or lawsuit seeking compensation for the harm done. The Fleck Firm can represent you and your family if negligent boating causes severe injuries or death.
A weekend or vacation may have started with the best intentions, but end in a hospital emergency department. Regardless of where the boating accident occurred, Satterley & Kelley, PLLC can investigate the incident and seek the maximum compensation possible. If you have questions or concerns about a boating accident and the injuries it caused, call us at 855-385-9532 today.
Marshall County Boating Accident Leaves One Dead and One Injured
Thomas and Mary Reese of Illinois were boating near the Jonathan Creek area of Kentucky Lake on July 2 when they were struck by another boat, according to the Western Kentucky Star. The county coroner stated they slowed down while another boat approached them so quickly that they couldn’t avoid the collision.
The married couple was thrown from the boat and later taken to a local hospital. Seventy-two-year-old Mary Reese died of her injuries. At the time the article was written, Thomas Reese was still in the hospital.
Violating Safety Rules and Practices Could be the Basis of an Insurance Claim or Lawsuit
Insurance policies cover potential liabilities that the insured may incur if they commit negligence and harm someone in some way. Generally, negligence is not acting reasonably in a given situation, given a person or company’s obligation to others that they may put in harm’s way. This could mean failing to do something when it should have been done, or doing something insufficiently in some way.
The Kentucky Department of Fish and Wildlife publishes a summary of regulations and best practices covering fishing and boating. If a boater violates an applicable regulation and harm results, they could be a defendant in a lawsuit seeking compensation filed by someone they injured.
The following actions would be reckless operation of a watercraft and violate Kentucky law:
- Weaving through boat traffic
- Following another watercraft towing someone on water skis, a surfboard, or any water sport device too closely
- Jumping another watercraft’s wake in a way that endangers life, physical safety, or property
- Cutting between a boat and the person towed by it
- Crossing another boat’s path if visibility is obstructed
- Steering toward an object or person in the water, then turning sharply nearby
Boaters should reduce their speed in busy areas and allow sufficient room to avoid other boats. Creating an excessive wake, even in areas where it’s not expressly prohibited, can be dangerous. Operators of larger craft should be aware of the wake they’re creating and how it could impact others in the area.
It’s against Kentucky law to operate a boat or vessel, including personal watercraft (jet ski), or use water skis, surfboards, or similar devices while intoxicated or under the influence of a substance impairing one’s ability to act safely. Someone doing so, if caught by a game warden, faces possible fines and jail time.
Streets and highways have painted lines to mark where vehicles must go. That’s not the case in the water. To provide an orderly flow of boat and watercraft traffic, there are “rules of the road” that boaters should follow.
They will encounter three situations: meeting another watercraft, crossing their path, and overtaking one. Who has the right of way and who must give way varies depending on the situation. If there’s an emergency situation, all vessels must give way to prevent a collision.
Sailboats under sail have the right of way unless they overtake another vessel. Rowboats and paddle-powered boats have the right of way over motorboats. Recreational craft should give up the right of way to a large commercial craft like a towboat or barge because of their large blind spots.
Federal and state laws require that everyone onboard a vessel must have a personal flotation device (PFD) or its equivalent. If a boat is 16 feet or longer (except canoes and kayaks), it must also have a throwable PFD. Personal watercraft operators and passengers must wear a PFD. Kids younger than 12 must wear a PFD if they’re in an open part of a boat that’s underway.
Are You or a Loved One Injured in a Boating Accident?
If so, call us at 855-385-9532, locally 502-589-5600, or contact us online to arrange a free initial consultation with a Satterley & Kelley PLLC lawyer.