Robert S. Windholz Boating Accidents Law Blog on Lawyers.com

Georgia Law Office of Robert S. Windholz

Because of Georgia’s mild climate, outdoor recreation enthusiasts can enjoy hobbies, sports and other pleasures from early spring through the summer and well into fall.

Now that the first warm days of  spring have arrived, among the most popular recreational pleasures in Georgia is boating. Nevertheless, while out on the water having a good time, few consider the potential dangers that lurk and can cause catastrophic injury and even death.  In fact, severe personal injury can occur while boating on lakes and rivers just as easily as a car or truck accident can happen on the highway. 

Fortunately, Georgia offers an abundance of public and private parks, lakes, rivers and coastal waterways. For that same reason, the Georgia law offices of  Robert S. Windholz encourage you to take this opportune time to review some general laws of watercraft safety and accident reporting: 

Before leaving the dock, all boats must carry at least one properly-fitting, U.S. Coast Guard approved, Type I, II, III or V PFD (personal flotation device) or life jacket for each person on board.  Also required is at least one Type IV PFD, which would include ring buoys and floating cushions. 

Additionally, the following rules apply to wearing personal flotation devices:

• All children younger than ten are required to wear a U.S. Coast Guard approved PFD while aboard any moving vessel except when the youngster is inside a fully enclosed cabin.
• Every person on a personal watercraft (such as a jet ski, which one rides on rather than in) is required to wear a Coast Guard approved Type I, II, III or V PFD. 

When operating a boat or personal watercraft, individuals must utilize a degree of care that avoids endangering others—including oneself, passengers, other boaters—or property. If an operator is involved in an accident, he or she must remain on the scene when that is both safe and practical. The operator will be required to exchange pertinent information with authorities and other parties involved.

Which activities fall within the category of negligent or reckless boating behavior in Georgia? Below is a general list:

• Operating a vessel or towing an individual faster than idle speed within 100 feet of a dock, pier or bridge; within 100 feet of any vessel that is moored, anchored or adrift; within 100 feet of any public park, beach or individuals swimming in the water
• Following behind another watercraft too closely
• Jumping the wake of another watercraft within 100 feet of it
• Changing course or direction in order to jump the wake of another watercraft
• Allowing passengers to ride on the bow or gunwales that are not adequately equipped with a protective railing
• Running around or within 100 feet of another boat while going faster than idle speed unless passing is in compliance with navigation rules
• Buzzing or spraying another watercraft or causing damage from the wake of one’s vessel
• Overloading the boat with passengers or cargo past its safe loading capacity.
   

Regardless of negligence, a boating mishap/accident must be reported in an expedient fashion if any of the following conditions result:

• Property damage exceeds a total of $2,000
• An injury requires first aid or medical attention
• Anyone involved dies or disappears

Any of the following circumstances would require that a written accident report be submitted on the Department of Natural Resources form within 48 hours of a boating or leisure craft accident. 

• An individual dies within 24 hours as a result of the accident.
• An individual becomes disabled.
• An individual requires medical treatment for injuries.
• An individual disappears from a boat or personal watercraft.

Any other accident must be reported within five days.

Since boating laws can change, operators and passengers need to assume the responsibility of being informed. Georgia Boating Law Basics can be found at http://www.boatus.org/onlinecourse/ statelaws/Georgia.html.

The firm of Robert S. Windholz recently became involved in a boating incident case in which a highly attractive young lady was injured. In addition to the damage to her physical appearance, she also suffered internal injuries. Consequently, she required extensive abdominal surgery and plastic surgery to help offset some of the devastating injury and damage she suffered.  

Again, boating accidents can lead to tragic damages and injuries, including death.
If you have any questions regarding whether or not negligent or reckless boating behavior caused injury to you or a loved one, please consult a professional who knows the laws in your state as soon as possible.  The Georgia law firm of Robert S. Windholz, located in Alpharetta, is available to assist you regarding any Georgia boating or watercraft accident.  Please call us at 678.990.1584.