Articles Posted in Boat Accident

A fatal duck boat accident in Branson, Missouri claims the lives of 17.  Thirty-one people were on board the Ride the Ducks duck boat in Branson, Missouri when the boat capsized and sank due to heavy winds.  There was a severe thunderstorm in the area at the time this duck boat was on the water, the winds were gusting at 60 miles an hour.   The news reports of this tragic accident show the lake had waves similar to waves you would see in the ocean, winds were so strong it created white capping.   A witness that videoed the tragic event on her phone said you could see the weather coming in.  The video showed two duck boats on the water at the time and they were both trying to get back to land, but the duck boat that ultimately sank appeared to be having trouble moving in the water because the waves were so large and the boat was continuously crashing against the waves.  With fierce storms in the forecast, why was this duck boat company operating duck boat tours that day?

As defined by the dictionary:
  1. failure to take proper care in doing something.
    “some of these accidents are due to negligence”
    • LAW
      failure to use reasonable care, resulting in damage or injury to another.

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Unfortunately boating accidents happen, and when they do they are often serious. Arkansas has 600,000 acres of beautiful lakes and over 90,000 miles of streams, creeks and rivers. Many of us love spending time boating and fishing, but it’s important to remember boating safety when you’re out on the lake. In an Arkansas 2013 the year-end-report , it was reported that boating accidents declined from the year before, but they still happen far too often.

Simply paying closer attention while you’re on the water could prevent many accidents. When you are operating a boat or watercraft on the lake, you don’t have as much control as you do when you’re behind the wheel of a vehicle, therefore it is important not to put yourself in situations where you might need to stop quickly or change directions quickly. Many accidents happen when excessive speed is involved and the driver loses control. Unfortunately alcohol also plays a large part in the amount of boating crashes that happen.

There are so many forms of entertainment on the water. Whether you are swimming, jet skiing, tubing, wakeboarding, skiing, or simply on your boat enjoying the weather, you must always be paying attention to your surroundings. Drivers have to be aware and watch for other boats and watercraft at all times, as well as swimmers. Jet skis can be a lot of fun and a great form of entertainment but can cause serious injury or even turn deadly when used in the wrong fashion. My family and I were on the lake this past summer and observed two jet skis driving at excessive speeds in a figure 8 pattern when one driver got too close to the other jet ski and they crashed. The driver was thrown from his jet ski and was injured. This is just one example of how quickly a good time can turn devastating. Boating accidents happen in various forms, from hitting other boats, to colliding with jet skis, to running onto shorelines. Most can be avoided if the driver was simply paying attention to their speed and their surroundings.

The University of Arkansas student who drove the boat in a boating crash that killed two fellow Arkansas students admitted consuming alcohol before the wreck occurred. An incident report indicates that the boat driver was arrested on suspicion of operating a motor vehicle under the influence of drugs and alcohol after the 22-foot-long boat he was driving ran into a houseboat at the marina.

Arkansas boating wrecks cause serious injury and death. It is important that a designated driver be available when alcohol is consumed. As more and more Arkansas residents head out to the lakes and river to enjoy our wonderful state, potential incidents involving boating accidents are more likely to occur. Arkansas boaters must use safe practices when operating on Arkansas lakes and rivers. A review of Arkansas boating laws should be done to ensure all are boating safely. This is a link to the Arkansas Game and Fish review of Arkansas boating laws. Please review and have a safe summer. If you have any questions concerning boating rules and safety, please contact an Arkansas boating lawyer.

An Arkansas boat accident victim died of injuries sustained following a two vessel boating accident on the Ouachita River in Ashley County Arkansas. The Arkansas Game and Fish Commission is investigating the Arkansas boat crash.

This is the time of year when many Arkansas residents and tourists visit Arkansas rivers and lakes to enjoy the great natural beauty Arkansas has to offer. It is important that boat drivers use caution when operating their boats. Boat accidents often lead to severe injury and sometimes worse. Arkansas boating laws should be reviewed and followed to help make Arkansas lakes and rivers safe for all of us.

Arkansas boating negligence can cause injuries that require medical treatment and often lead to lost income. Arkansas boat insurance often can cover these losses for the innocent victims of negligent boating. If you or a family member has questions about Arkansas boat accidents, please contact an Arkansas boat accident lawyer to discuss your legal rights. It is important that the facts of the accident are gathered and proper medical treatment is received by the injured accident victim.

A recent article in the New York Times was disappointing. The story outlined problems with Courts getting enough people to show up for jury duty and the resistance to people wanting to serve on jury duty. This problem has a negative impact on people who suffer a personal injury or car accident in Arkansas. Jurors must be reminded that the Seventh Amendment to the Constitution states:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

The article points out that angry jurors are a concern for plaintiffs in civil suits because the plaintiff brought the suit and is more likely to be blamed by the jurors for any inconvenience that jury duty caused them. I often remind jurors about their civic duty and thank them for their service. The right to a jury trial should always be cherished.

An accident on Lake Hamilton two years ago led to a new Arkansas law that sets the minimum age of 16 for a solo operator of a personal watercraft in Arkansas. The Arkansas Game and Fish Commission provides a good summary of the changes:

To operate any motorboat powered by an engine of 10 horsepower or more (including a personal watercraft):

A person under 12 years of age:

Arkansas boating accidents and fatalities are up this year. There have been 21 reported boating accidents. Further, there have been six deaths because of Arkansas boat accidents. At this same time last year Arkansas had 12 accidents with four fatalities. In 2008 there were 86 reported boat accidents with 14 fatalities, 44 personal injuries and estimated property damage of almost $280,000.

It is important to pay close attention to your surroundings and always keep a proper lookout while boating on Arkansas lakes and rivers. Arkansas boat law mandates that any individual born on or after Jan. 1, 1986, must complete a boater education course before they may operate any powerboat or personal watercraft. However, the course is open to boaters of all ages and educates individuals on water regulations and safety.

The Arkansas Game and Fish Commission makes it easy for boaters to complete the Boating Education course. Individuals may take the course at home through a DVD, online or through a class. If you or a family member suffers a injury in a boat accident please contact an Arkansas personal injury lawyer as soon as possible so a full and accurate investigation of the accident can take place.

Arkansas is the only state without a trauma center to deal with people who suffer a personal injury. Currently, the Arkansas Legislature is debating a plan to institute a trauma system. Unfortunately, a similar plan was defeated in 2007. Hopefully, this will not happen again.

According to government statistics, 15,000 people are hospitalized with injuries in Arkansas. Of those, 2,000 people die from their personal injuries and 6,000 suffer permanent disabilities each year. Arkansas has the third highest death rate in the country from motor vehicle accidents. According to the U.S. Centers for Disease Control and Prevention, there are 25 deaths per 100,00 people annually in the state compared to a national average of 15.2 per 100,000.

It is time that the Arkansas Legislature act and develop a trauma system to help people who suffer a personal injury in Arkansas. State health officials state publicly that a trauma system would prevent an estimated 2,000 disabilities and save 200-600 lives of Arkansans who don’t get appropriate care fast enough.

A boating accident involving an aluminum Jon boat and a fiberglass Master Craft ski boat occurred around 8:30 p.m. on the White River in Independence County. Although no one was killed, this incident reminds all Arkansas boaters that boating safety should not be ignored. According to the Batesville Daily Guard, in an article titled Collision Sinks Boat, Operator Arrested the driver of the ski boat was arrested on suspicion of boating while intoxicated and several of his passengers had to be rescued from the water due to them not wearing life jackets.For many Arkansas residents, spending time on the water in the summer is a  yearly ritual. We need to remember that boating safety is the top priority so    people do not get injured. Injuries caused by negligent boat operators are        often serious and may involve issues requiring the assistance of a personal  injury attorney.

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