27 California Residents Rescued from Mexico Boating Accident

If crossing the US-Mexico border is prohibited, try cruising in the Sea of Cortez.

This time, almost two dozens Californians ventured on Mexico waters for a vacation trip. The difference is that these North American travelers carry legal tourist documents.

Sadly, the cruising adventure ended up in a boating accident, which fatally injured one passenger and left seven others missing. The group consisted of 27 US citizens, mostly from California, and 16 Mexican staff.

According to reports, a storm hit the charter vessel Erick at south of the Baja California port of San Felipe on Monday at 2:30 a.m. It hurled the passengers into the seas near the San Luis Island.

At least one passenger was pronounced dead and seven others were missing. The US Coast Guard and the Mexican Navy have helped in pulling the victims from the waters. The survivors, who were wearing life jackets, were transported to local hospital for medical treatment, reports said.

Reports said that the first survivor had managed to swim toward the shore of a nearby island and alert Mexico local officers regarding the incident.

The officers are still searching for the seven missing passengers.

If the authorities find that the boat operator has failed to provide sufficient safety equipment, he or she may face liability for the accident. Moreover, if the vessel owner failed to instruct his or her crew on implementing standard safety measures, then the court may give stringent penalties to him or her.

The family members can also seek damages for the losses resulting from the boating accident.

Cruising together on US-Mexico seas can be an adventure, but it involves legal responsibilities. The next time you visit the other country, make sure you have complied with the regulations to ensure a safer travel.

For more information on boating accident lawsuits, you may consult with a personal injury attorney in California. Dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for a free case analysis.

BUI Policy Reintroduced

Boating is a more popular recreation during summer and fall. Consequently, it is during these seasons that boating accident also rises.

The U.S. Coast Guard revealed that motorboats have the most accident with 44%, personal water crafts with 24% and cabin motorboats with 15%. Over all 21% of deaths were attributed to alcohol use.

Consequently, authorities saw the need to address this matter. The California State Senate is reviewing a bill that would make boating at par with driving in case of intoxication.

Senator John J. Benoit, crusader against drunk driving, introduced Senate Bill 154 allowing authorities to suspend boater’s licenses if found boating under the influence (BUI). As Vice Chairman of the Public Safety Committee, Senator Benoit said that drivers of both cars and watercrafts have the same reckless mindset.

California Department of Boating and Waterways reported that about 55 deaths transpired on California waterways in 2007 and half of it involved intoxication.

This bill was just a re-introduction of The Department of Motor Vehicles’ BUI regulation which was stopped by the California Court of Appeals for lack of explicit statutory authority.

If passed, Senate Bill 154 would amend state law thereby permitting DMV to resume its license suspension policy.

Reporting a Boat Accident

Due to its proximity to the ocean, boating has become a foremost recreation in California. Even boating enthusiasts from other states come to the place to experience the joys of sailing.

But accidents happen when we least expect it – even at sea.

The article “Boat Catches on Fire in Marina Del Rey” posted on August 19, 2008, tells of a boat, which caught fire near the north jetty of Marina del Rey. Luckily, for the two people on board, they were immediately rescued by responding firefighters. The cause of the fire was yet to be determined.

Urgent response is always required for an emergency like this. Anyone involved in a boating accident that results in serious injury, death or disappearance must notify authorities as soon as possible.

A boat operator is required by law to file a boating accident report (BAR) when an accident happens. The Code of Federal Regulations 33 CFR 173.55 (2001) requires a BAR to be filed with the nearest state boating authority under the following circumstances:

1. when a person dies

2. when a person is injured and requires medical treatment

3. when damage to vessels and other property totals $2,000 or more or there is a complete loss of any vessel

4. when person disappears from the vessel under circumstances that indicate death or injury

If you happen to get involved in a boating accident, you must file an accident report with the Department of Boating and Waterways if:

• a person dies, disappears or is injured and requires treatment beyond first aid

• property damage exceeds $500 or there is complete loss of a vessel

Accident reports must be filed within 48 hours of the occurrence if a person dies within 24 hours of the accident, is injured and requires medical treatment beyond first-aid, or disappears from a vessel.

California: Boating Accident Capital?

The article, “California Leads in Boating Accidents Nationwide”, posted in August 11, 2008, has placed the state in the map of accident-prone areas, particularly for its high incidence of boating accidents. In contrast to this image of the state, the information may actually do more harm than good to California, which is better known for having “some of the most perfect conditions for sailing”, owing to its extensive coastline and good beaches.

However, no less than the state Department of Boating and Waterways has confirmed this information, recording approximately 804 boating accidents last year, making California the second leading state with the most number of boating fatalities.

The agency data also noted a steady increase in the number of victims at 30 percent from 42 percent the previous year.

The department has enough reasons to be alarmed. In a study done recently, it identified some of the common causes linked to boating accidents. They are:

• operator inattention

• inexperience of the operator

• excessive speed

• other external factors such as weather conditions or boat defects

What’s surprising is that most of these accidents (the Department says) may be avoided or preventable. For instance, the study also showed that of the 71 percent fatalities that drowned, at least 87 percent of them were not wearing life jackets.

Basic safety precautions like wearing of life jackets and following proper and safe boating practices can help in reducing the number of boat accidents. The US Coast Guard recommends boating safety guidelines that all boating enthusiasts may follow.

Boating accidents, like all other accidents, can actually be prevented. With adherence to safety guidelines and learning of some basic boating skills, one can avoid accidents or know how to deal or confront when the situation arises.

If people will only heed the call to maintain safety when sailing or boating, then perhaps California may regain the pride of being a safe destination for boating enthusiasts all over the country.

Proactive Boating accidents compensation pursuit

Boating accidents can be held as a rare eventuality that can happen only in episodic or occasional basis. There might be some vestige of truth to this assertion, I surmise, as sea travel is not availed mostly by the general mass.

However, I would like to relate the boat accident that happen sometime mid of this month (Tuesday July 10, 2008) in San Joaquin Delta, where a respectable Manteca Fire Marshal named Marvin Mears had received serious injuries in a ski boat accident. The ski boat collided with a sailboat at midnight on that date.

Following the event, Mears was rushed to the emergency room where he has been treated for his severe injury. However, to date, there is yet no report on Mears' condition following his surgery. All his close friends as well as those concerned can do right now is to wish for his ultimate recovery.

The operator of the ski boat however, named Christopher Baker (a 32-year-old), was later found to have operated the boat under the influence of alcohol and to which he was arrested and pinned with the constitutive charge of DUI and causing serious injury.

With this story to tell, one can say, that though boat accidents are rare, its effects are disastrous and life changing.

Following the event, several public opinion have emerged all dealing with the issues of alcohol use and abuse, to which they relate that the same has played a big part in boating accidents that occur around California. For some, they urged the authorities to wage more measures emphasizing boat safety so that accidents like these can be avoided. To these, I agree.

In the matter of the victim’s injury compensation pursuit, as an Attorney, my only advice for the victims of boat accidents is to be proactive in their compensation pursuit against the negligent and erring operator or owner of the boat transport. They have to give special attention to this hurdle as this can spell their future.