BOATING ACCIDENTS
Boating accidents include all marine accidents that happen on the high seas and can involve recreational boaters, jet skiers, seamen, military sailors, and/or cruise ship passengers. Different laws regulate litigation for recreational boat accidents and seamen. Merchant Seamen are the most legally represented group for injuries sustained at sea. These injuries can be caused from something as simple as a slick deck or as complicated as a collision with another vessel. Seamen are mainly protected legally by two acts: the Jones Act and the Longshoremen's and Harbor Workers Compensation Act.
If you have been in a boat accident as a merchant seamen, you should speak with a jones act lawyer to receive the most experienced legal help for your specific situation. Jones Act accident lawyers and attorneys specialize in the representation of maritime accident victims and know the best course of action to take in your case.
If you have been in a recreational boat accident you should speak with a personal injury lawyer to receive the most experienced legal help for your specific situation. Personal injury lawyers and attorneys specialize in the representation of recreational boating accident victims and know the best course of action to take in your case.
Recreational Boating Accident Deaths by the numbers
Despite numerous warnings and caution for all personal watercraft, there is still an unusually high number of boating accident related deaths each year. Not surprisingly, over 70% of boating accident deaths per year result in death due to drowning after the accident. Some boating accident numbers and facts include:
- Recreational boating is fun, but the water can be unforgiving.
- An average of 714 boaters die each year-508 of them by drowning.
- Deaths are the result of two major safety failures: lack of a required personal flotation device (PFD), and uneducated boaters.
- About 84 percent of these drowning victims would still be alive if they had worn PFDs, the U.S. Coast Guard estimates.
- On average, 80 percent of recreational boat operators involved in accidents had never completed a boating safety education course.
- Most of those who drown were in open motorboats-51 percent-and in boats less than 21 feet in length-71 percent.
As of November 2007, 47 States, the District of Columbia, Puerto Rico and the U.S. Virgin Islands have enacted laws or regulations requiring children to wear PFDs. Wisconsin, Iowa, and Virginia need mandatory PFD wear requirements. Fourteen States need to act to adopt mandatory boating education safety requirements. They are: Alaska, Arizona, California, Hawaii, Idaho, Indiana, Maine, Massachusetts, Minnesota, Montana, North Carolina, South Carolina, Utah, and Wyoming.
Recreational Boating Safety Tips
- Use a personal flotation device when aboard a recreational boat and be sure that children always wear PFDs. PFD wear is effective. Boating accident data shows that when mandatory PFD requirements are adopted, drowning fatalities go down.
- Most parents would not drive anywhere without their kids in seatbelts, car seats or booster seats. Parents should not hesitate to protect their children on the water in a life jacket.
- Complete a recreational boating safety course approved by your State.
- Talk or write to your State lawmakers and urge them to support the NTSB's recommendations that States require children to wear PFDs and require all recreational boating operators to complete a boating safety education course.
Ships have greatly increased in size in the last five decades. Average length, beam and draft has doubled and sea-going commerce has tripled - accounting for 98% of all U.S. trade by weight. Half of this cargo consists of hazardous materials. Transport of these materials and other goods require safe handling and safe navigation to prevent accidents leading to increased risk to life, property, and the environment. This is especially important today due to our growing dependence on foreign oil and the potential for oil spill disasters resulting from marine accidents. Ships must be able to transport cargoes to their destinations safely and efficiently in and out of our ports and harbors. With the proper tools and services, marine accidents can be minimized and the safety and efficiency of maritime vessel traffic can be assured. Up-to-date nautical charts, the most fundamental tool, are essential for safe navigation as well as for the safety of life and property.
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