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By Terry Cochran The number of boating accidents and fatalities that occurs on our waterways each year absolutely amazes me because most can be prevented if watercraft operators simply exercise a little care. We know, for instance, that more than two-thirds of all fatal boating accident victims drowned and, of those, 90 percent were not wearing a life jacket. I have to believe that all operators know to wear a life jacket and insist all passengers wear a life preserver whenever on a boat or personal watercraft. We also know that only 14 percent of deaths occurred on vessels where the operator had received boating safety instruction. Don’t all watercraft operators know they should take boating safety instruction? And we know that alcohol use is the leading contributing factor in fatal boating accidents. Common sense conclusion – don’t drink and boat! The leading causes of non-fatal water vessel accidents in 2007 were operator inattention (628), careless/reckless operation (552), excessive speed (473), alcohol use (391), no proper lookout (375), and operator inexperience (353). After alcohol, leading causes of fatal accidents are operator inattention and inexperience. Conclusion – if we want to reduce watercraft accident and fatalities all we have to do is exercise a little care before launching and while out on the waters. The U.S. Coast Guard stresses that: “The majority of boating accidents are preventable and therefore can be avoided if recreational boaters are ‘in command’ of their vessel.” To learn more about the Coast Guard’s Boat Responsibility Safety Initiative and for safety tips, regulations, statistics, recalls, and other information valuable to boaters go to http://www.uscgboating.org/. Most owners know how to operate a boat or personal watercraft because Michigan law requires completion of safety training classes before young operators can become licensed. But owners often will let untrained friends “take a turn” on the water and then very bad things can happen. The biggest problem with personal watercraft is people striking other people in the water, either another craft or a swimmer. Operators of all types of boats and jet skis traveling at high rates of speed, must always be very careful and extra vigilant to spot people in the water. The craft may inadvertently travel into a designated swimming area, or a swimmer may wander outside the area. Since you can’t brake the vessel, tragedy can easily occur when the operator is inattentive. Another major factor is the use of alcohol by operators. Friends are out having fun on the lake on a hot weekend day. When alcohol becomes part of the formula for fun, then the watercraft should be docked for the day. Alcohol and water do not mix. I also am not one for using jet skis for tubing. I know lots of people use of jet skis for tubing or water skiing but these are not designed to pull people through the water. They may have a hook for towing but the operator has very little control over a tube swinging directly toward a swimmer. Many states allow use of personal watercraft for tubing if there is a passenger spotter, but it still is a dangerous practice. And the consequences of careless personal watercraft operators can be very serious, especially for young people. In any given year, about 20 percent of all personal watercraft injuries in the U.S. are to youth under the age of 18. Of those injured children, 46% were operators and 27% were passengers. Jet skis make up only 6.5% of all boating vessels owned in the U.S. but are involved in 55% of all boat collisions. The U.S. Coast Guard reports that a personal watercraft operator is seven times more likely to get hurt than a motor boat operator and 30 times more likely than a canoer or kayaker. Collisions with docks, larger boats and other personal watercraft account for more than 65% of all reported injuries. Collisions often occur when operators attempt to jump the wake generated by another vessel. In Michigan, no one younger than age 12 can operate a personal watercraft. Persons 12 and older who were born after 1978 can operate a personal watercraft only if they obtained a safety boating certificate which is issued after taking required safety classes. The attorneys at Cochran & Foley have the skills, legal knowledge and experience needed to protect people who have suffered personal injury or the death of a loved one because of a boating accident and will seek to win payment for their clients' injuries, expenses, and loss. For a free consultation call 800-322-5543 and ask for Lynn Foley or myself or visit www.cochranfoley.com About the author: Terry Cochran , senior partner in Cochran, Foley & Associates, P.C., a Michigan law firm specializing in personal liability, medical malpractice, workman’s comp law, and SSD/SSI appeals. Cochran does not represent insurance companies or corporations but instead bases his practice upon representing individuals and families. www.cochranfoley.com 800-322-5543.
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