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Two Recent Drownings Within Weeks In Separate East Tennessee Boating Accidents

Mark Hartsoe

Summer has officially come to an end and fall is now upon us. While the summer boating season is coming to a close, two very recent drownings from boating accidents in East Tennessee highlight the need to continue following safe boating practices.

According to the Knoxville News Sentinel, an Ohio man drowned at Cove Lake State Park in late September. The victim and another man had been enjoying a day of fishing on a rented boat. The victim quickly stood up in the boat, causing it to capsize; the victim fell overboard and drowned. The other man in the boat was able to swim to safety.

Additionally on September 13, The Daily Times reported that a Maryville man also fell overboard while boating near Tellico Dam. The victim in this accident was standing near the bow of the boat when he fell overboard. A cable near the bow had been reported as loose, which may have been the cause of the accident. The boat was empty and ran aground on some rocks until a witness on the shoreline shut off the engine.

The Tennessee Wildlife Resources Agency (“TWRA”) is investigating both drownings. There is no indication whether either of the drowning victims were wearing approved flotation devices.

The U.S. Coast Guard has revealed that thousands of boating accidents occurred in 2012, resulting in 651 fatalities nationwide. The majority of fatalities were due to drownings, where 83 percent of the victims did not wear a life jacket. Tennessee streams, rivers, and lakes are not immune to boating accidents. The TWRA reported 12 boating accident drownings in 2012.

The U.S. Coast Guard recommends several tips for having a safe and enjoyable day on a boat.

1. Perform A Vessel Safety Check Hazards like the broken cable in the Tellico Dam accident can be detected during a Vessel Safety Check. The U.S. Coast Guard Auxiliary and the United States Power Squadrons offer a free Vessel Safety Check by certified vessel examiners. The examination is free and there are no consequences if you don’t pass.

2. Take A Boat Safety Course According to the U.S. Coast Guard, operator error accounts for 70% of all boating accidents. Many of these accidents could have been prevented had a boating safety course been taken. Tennessee requires boat operators to complete a TWRA Boating Safety exam; however, it is always a good idea to take a boating safety course. Many are offered in Knoxville by organizations like the East Tennessee Boating Safety Classes and The Knoxville Power Squadron.

3. Avoid Boating Under The Influence The 2012 Tennessee Boating Accident Statistical Report shows that alcohol and other drug use was the primary cause of fatal boating accidents. Operating a vessel with more than a .08% blood-alcohol level violates a Tennessee statute and creates a presumption that the boat operator was under the influence of alcohol.

4. Make Sure All Passengers Are Wearing Life Jackets The U.S. Coast Guard estimates that life jackets could have saved the lives of over 80 percent of boating fatality victims.

To meet U.S. Coast Guard requirements, a boat must have a U.S. Coast Guard approved life jacket for every passenger. Furthermore, rental companies have an obligation to provide safe equipment including life preservers.

Boating accidents can occur from reckless boat operators, collisions, and falling overboard. We have the experience and can handle a wide range of boating accident cases. If you have suffered an injury from a boating accident, you may be able to claim compensation for your injuries. If you have lost a loved one as a result of a boating accident, you may be able to file a wrongful death claim. Furthermore, a claim against a rental company or other third parties may be possible.

If you or someone you love has been the victim of a boating accident, you may be able to pursue remedies in a civil lawsuit. Please contact Hartsoe Law Firm, P.C. at (865) 804-1011.

Additional Resources: USCG Boat Safety Tips USCG Vessel Safety Check Tennessee Wildlife Resources Agency for Boating TWRA 2012 Tennessee Boating Accident Statistical Report

More Blog Entries: Tennessee Boating Accident Risks Skyrocket through Summer July 24, 2013, Knoxville Injury Lawyer Blog

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