Boating Injuries Can Be Avoided With Exercise of Care
Not long ago we settled a case for a gentleman who was seriously injured in a boating accident. We have also provided legal counsel to persons whose family members were killed in a boating accident. The good news is that such boating accidents can be avoided and lives can be saved.
There are statutes and regulations in Indiana covering boat operations. Most important are those noted immediately below which provide that:
-A person operating a boat shall operate the boat in a careful and prudent manner, having due regard for the following: (1) the rights, safety, and property of other persons. (2) The conditions and hazards, actual and potential, then existing, including weather and density of traffic. (3) Possible injury to the person or property of other persons. IC 14-15-3-3
-A person may not operate a boat at a rate of speed greater than: (1) is reasonable and prudent, having due regard for the conditions and hazards, actual and potential, then existing, including weather and density of traffic; or (2) will permit the person, in the exercise of reasonable care, to bring the boat to a stop within the assured clear distance ahead. IC 14-15-3-7
In addition, we recommend in general that persons operating a boat:
-Keep a proper lookout for and identify dangerous water conditions.
-Watch for signs of weather change to avoid being caught in foul weather and rough seas.
-Adjust course or slow speed to avoid injury to passengers posed by rough water conditions.
-Warn occupants in advance of wave or wake dangers that cannot be avoided.