Boating Accident

A man from Martin County was struck and killed recently during a boating event in Lake County. Fifty-three-year-old Mark Van Winkle and a woman, Lorraine Moody, were ejected from their boat while participating in the Classic Race Boat Regatta on Lake Dora in Tavares, according to Joy Hill, spokeswoman for the Florida Fish and Wildlife Conservation Commission. It has been reported that the event is not a competition but a showcase for vintage boats since none of the vessels can legally race. It was the sixth annual event, which attracts 8,000 to 10,000 people including spectators, vendors and participants who are all eager to kick off the boating season. Read the rest »

Accident investigators from the Florida Fish and Wildlife Conservation (FWC) are investigating a Florida boating accident that claimed the life of one man and critically injured a woman. They say the 41-year-old man and 45-year-old woman were southbound in the Intracoastal Waterway near Hollywood around 1:40 a.m. recently when their boat crashed into a seawall head-on. The impact split the boat’s hull in half, pinning the man against the seawall and hurling the woman into the water. The crash occurred in an area marked as a no wake zone, where boats are expected to travel slowly and operators are supposed to exercise extra caution.

However, FWC investigators say that the boat was traveling at a very high rate of speed when the accident occurred. They said that after colliding with one seawall, the boat’s momentum caused it to carom into another seawall across the Intracoastal Waterway. Officials say that if the vessel had been traveling at the posted speed limit, the collision would have been minor, the boat would have had little damage and both people would have likely been able to walk away from the accident.

When rescuers arrived, the man was trapped in the wreckage as it began to sink, and the woman was floating unconscious in the water. Hollywood Fire Rescue Captain Patrick Keller reported that as many as 20 rescuers spent nearly half an hour cutting the wrecked vessel with chainsaws trying to free the man.

Charles Hansen of Fast Response Marine Towing was one of the rescuers on the scene. He frantically pumped water from the sinking vessel in order to buy time for the injured man and rescuers trying to free him.

“It was a frantic scene,” Hansen said. “It was one of the few times I’ve ever had to pump, not just to save a boat but to save a life.”

Officials say the man had a history of being cited for careless operation of a watercraft.

The boating season in our state continues all year in Florida, and Orlando personal injury lawyer James O. Cunningham would like to remind readers to exercise caution at all times when out on our state’s waterways. Make sure that all of your safety equipment is on board and is ready to use in case of emergency, and operate your watercraft defensively at all times. If a negligent boater injures you or a member of your family and you want to learn more about your legal options, call Mr. Cunningham today at 888-425-2004 or 407-425-2000. Schedule a free consultation with Mr. Cunningham to get an experienced and aggressive Orlando personal injury attorney on your side!

The Labor Day weekend traditionally ends the most dangerous time for boaters in Central Florida and throughout the state. The vast majority of boating accidents and the deaths and injuries they cause occur between the busy Memorial Day and Labor Day weekends, and officers have been especially diligent about negligent boaters this summer. Over that period of time this past summer, officers arrested no less than 50 boaters for boating while intoxicated in Central Florida, with half of the arrests happening in Volusia County alone.

Officers are out in force looking for boaters operating their watercraft recklessly, and they are aggressively ticketing offenders. Officers report that it is not unusual for them to interact with at least 100 different watercraft each day. Officers with the Volusia County Sheriff’s Office Marine Patrol report that improving boating safety is actually quite simple.

One officer said, "Ninety-nine percent of it is common courtesy and just common sense."

Officers say that most stops involve warning boaters about minor safety violations, but they are always on the lookout for drunken and reckless boat operators. Officers with the Florida Fish and Wildlife Commission also patrol waterways in Central Florida. They report that they have also arrested 50 boaters for operating their craft while under the influence of alcohol, with 20 of those arrests also occurring in Volusia County.

Like most Floridians, Orlando personal injury lawyer James O. Cunningham loves to get out and enjoy our state’s waterways. He would like to remind all Florida boaters to make sure that they take a boating safety course offered by the FFWC, the U.S. Coast Guard or one of the many other organizations that promote boating safety. He also reminds boaters to make sure that all their safety and emergency equipment is working properly and to practice defensive boating at all times.

In addition, Mr. Cunningham would like to remind boaters that if they are injured in an accident caused by a negligent boater, they may be entitled to seek damages to recover medical costs, lost time at work and other costs caused by the accident. To speak with an Orlando personal injury attorney, schedule a free consultation by calling 888-425-2004 or 407-425-2000 today.

A Middleburg man convicted of reckless boating in connection with a boating accident that killed two teens has been sentenced to serve 18 days in jail, or time served since his arrest in February. The man pleaded no contest to the reckless boating charges and was facing up to one year in jail. He cried in court when his sentence was handed down and walked from the courtroom a free man after time served fulfilled sentencing requirements. He said that the crash had destroyed his life and is a cautionary tale for boaters everywhere as one of his victims was the man’s own son.

Last February the man, his son and a 15-year-old girl who was a friend of the son were boating on Black Creek when the boat crashed into a low-hanging tree branch. An investigation found that the man had walked away from the helm of his boat moments before the accident occurred. A spokesman with the Florida Fish and Wildlife Conservation Commission said the three had been boating on the creek for hours when the man noticed something was wrong with the engine. The man told investigators that he had been having engine problems all day and he had gone to the stern of the boat to check the motor and pump the fuel bulb while the throttle was engaged. He pressed the bulb and pushed more fuel into the carburetor, racing the motor and causing the boat to shoot forward and hard to the right, causing it to strike the branch. The teens suffered fatal injuries to their heads, necks and chests.

There is no doubt that this is a tragedy, as are all boating accidents. However, the investigation found that the man made his living working on boats and thus, should have known better than to move away from his boat’s controls with the throttle engaged and move to the rear of the boat to pump fuel directly into the motor.

Each year, dozens of people are seriously injured and many killed in boating accidents in our state. Regrettably, most of the accidents are preventable and could be avoided if boat operators operate their watercraft is a safe and responsible manner. In most cases, boat operators were operating their craft under the influence of alcohol, disobeying posted speed limits or engaging in other negligent behavior when the accident occurred. If you need an experienced, aggressive Orlando personal injury attorney to help you seek damages against a negligent boat operator, call James O. Cunningham today at 888-425-2004 or 407-425-2000 to schedule a free consultation.

Orlando personal injury lawyer James O. Cunningham would like to remind boaters to exercise extra care while on Florida’s waterways and cautions them to avoid drinking alcohol while in control of watercraft. A 41-year-old Deltona man charged with careless operation of a vessel in connection with a boating accident that killed a DeLand woman and her father has entered a no contest plea. The man entered the plea after Volusia County Judge Belle B. Schumann dismissed two similar counts against him. The judge decided to dismiss the two charges due to double jeopardy concerns because all three charges were filed due to one boating accident.
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James O. Cunningham and other Orlando personal injury lawyers would like to remind boaters to exercise extra care as we enter the heavy traffic season on Florida waterways. The following story illustrates the dangers of not taking boating safety seriously:
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One boater is dead, and another is missing after a Florida boating accident near the Sunshine Skyway Bridge in St. Petersburg. The investigation into the accident is still ongoing, but officials with the Florida Fish and Wildlife Conservation Commission say that a six-year-old boy was pulled from the water late Friday, May 27, and that he is in an area hospital receiving treatment for undisclosed injuries. The body of a 44-year-old man was recovered near the scene of the accident, and a 34-year-old man who investigators believe was injured in the accident was also pulled from the water. Orlando personal injury lawyer James O. Cunningham cautions boaters to exercise proper safety precautions as area waterways grow increasingly crowded.
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Florida’s boating season never really ends, but this is the time of year that traffic starts getting heavy on our state’s waterways. With that in mind, Orlando personal injury lawyer James O. Cunningham would like to remind boaters and passengers about some basic boating safety rules. First, Florida law states that anyone aboard a watercraft on state waters must have a United States Coast Guard-approved flotation device easily accessible. Only those aged six years and younger must wear a flotation device at all times, but recent high-profile drowning deaths serve as a sober reminder that it is very risky to go boating without a life vest no matter how good a swimmer you may be.
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Orlando personal injury lawyer James O. Cunningham warns that the recent drowning death of a man who was a champion wrestler, experienced boater and capable swimmer highlights the need for all Florida boaters to practice boating safety. He also urges boaters to ensure that they have safety equipment on their watercraft as our state’s boating season gets underway in the coming weeks. The drowning victim was a 30-year-old man in excellent physical condition, but, when his boat capsized on Lake Rochelle in Lake Alfred, he was unable to swim to shore.
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Orlando personal injury attorney James O. Cunningham is closely following developments in a recent boating accident that killed two teenaged passengers and critically injured the father of one of the victims in Black Creek. The accident occurred on February 21 around 2:30 in the afternoon. The 17- and 15-year-old victims were sitting on the bow of a boat that witnesses said was “moving at a pretty good speed” when they were struck in the head and chest by a tree branch hanging three or four feet above the water’s surface.
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