With Seafair festivities just around the corner and beautiful weather ahead it’s time to start thinking about boating safety. In 2011, the Coast Guard counted 4588 accidents that involved 758 deaths, 3081 injuries and approximately $52 million dollars of damage to property as a result of recreational boating accidents, with alcohol being the leading factor in 16% of all boating fatalities.
A boat might seem like the perfect place to let your hair down and have a cold beer with friends but it is important to remember that alcohol is a depressant that affects the body’s central nervous system so boating and alcohol should never be mixed. The crime of Boating Under the Influence (BUI) in Washington State is a misdemeanor, punishable by a maximum of 90 days in jail and a $1,000 fine.
In 2011 there were 93 boating accidents and 15 deaths in Washington State. In the event of an emergency swimming may be necessary for survival, requiring coordination, judgment, vision and balance; all of which are affected by alcohol consumption. The 2011 Coast Guard report shows the number one reason for alcohol-related boating deaths is coordination impairment after falling in the water. When normal brain activity becomes delayed cognitive abilities and judgment are decreased. It is crucial to have fully functioning cognitive skills when operating a boat because there are many unstable variables that can lead to an accident.
With other swimmers, boaters and inanimate objects to avoid, it is important to be as alert as possible at all times. Having sharp vision is crucial to avoid these variables and under the influence of alcohol, nearly all aspects of vision are impaired. Decreased depth perception, peripheral vision, night vision, ability to distinguish colors and poor focus leave intoxicated boaters 10 times more likely to die than sober boaters.
Even though the summer brings warm weather and in some cases warm water, to an intoxicated individual the ability to judge temperature is impaired. Alcohol creates a physical sensation of warmth that can lead the boater to thinking that they are comfortable when in fact they are more susceptible to hypothermia. When falling into colder water the boater might not remove himself from the situation quickly enough due to these factors and injury or death can occur.
Middle ear impairment from alcohol can confuse a man overboard to distinguish up from down, causing greater risk of drowning than a sober individual. In many cases boaters do not wear life jackets with the assumption that only smaller children who don’t know how to swim need them. The intoxicated individual is usually on a boat with others who have been drinking as well so the likelihood of a successful water rescue is limited.
All of these factors, combined with sun, noise, wind and spray experienced while boating accelerate and increase a drinker’s impairment and can have deadly consequences. It is important to be aware of your surroundings and the fact that not all boaters are as responsible as yourself. Make sure to always have a life jacket readily available for each person on the vessel, including adults. Accidents can occur without warning so it is important to be prepared in the event of a water vessel capsizing. While you might be a strong swimmer, if you are far from a dock at the time of an accident help may be hours away.
Have you been the victim of a boating accident including having your vessel struck by a drunken boater?
We have personal injury attorneys dedicated to getting you justice and compensation you deserve. Call Phillips Law Firm at 1-800-JUSTICE, we are waiting to assist you 24/7, offering a free case consultation.
Victoria Upsey suffered a placental abruption (the placenta separating from the uterus wall, which places the fetus in immediate danger) and was rushed to Pottstown Memorial Medical Center in Pennsylvania. Upsey was 36 weeks pregnant upon her arrival to the hospital.
Upon arriving at the hospital the obstetrician performed and ultrasound on Upsey, resulting in no signs of a fetal heartbeat. Due to the test results from the obstetrician Dr. Charles Touey pronounced the baby dead before delivery. About an hour later he rechecked the ultrasound results and discovered that the baby was in fact still alive. The baby was then delivered 81 minutes later, born with severe birth defects due to oxygen deprivation during the birthing process.
Victoria Upsey filed a lawsuit claiming Charles Touey responsible for medical malpractice resulting in her child’s permanent disabilities. Upsey insisted that she could still feel the baby kicking and notified the staff, however the ultrasound technician insisted the baby was deceased. Touey’s defense was that the baby must have died and then come back to life, eighty-one minutes later. Jurors found his testimony humorous and later found the hospital to be at fault for faulty equipment. Upsey was awarded with $78.5 million to cover costs of round-the-clock care and medical attention that her child would need for the rest of its life because of brain damage and severe cerebral palsy.
“In my opening statements, I talked 90% about the doctor, but by the time closing arguments came around, I was talking more around the hospital than the doctor,” says Daniel Weinstock, Upsey’s attorney.
In the case of Victoria Upsey her delivery occurred on the weekend so despite the hospital having up-to-date equipment the department was locked and inaccessible by the staff. “Patients are entitled to better care than that,” Weinstock says. Not only was the equipment inaccessible to Upsey’s doctor, the regular technician was not on duty so Upsey did have appropriate professional care.
Victoria Upsey’s baby, which she named Parrys, will now have the funding for her medical needs but it is devastating news considering her baby could have been healthy. “She needs help with all her activities for daily living,” her attorney says. “She can’t sit up, roll over or control her head. She’s tube fed. She will never speak. She truly is a devastated child.”
Could this happen to you?
Placental abruptions are a somewhat common affliction, occurring in 1 in 150 deliveries. Only 1 in every 1,600 placental abruptions is considered threatening to infant life. It is the doctor’s responsibility to determine if the placental abruption is life threatening and to take actions accordingly. To lower your risks of birthing defects it is a good idea to make the hospital has up to date equipment when choosing a place for delivery for your child.
Have you suffered a similar tragedy from your child delivery experience?
We have medical malpractice attorneys dedicated to getting you justice and compensation you deserve. Call Phillips Law Firm at 1-800-JUSTICE, we are waiting to assist you 24/7, offering a free case consultation.
Find an Experienced Personal Injury Attorney
It’s a good idea to try to find a law firm that has over 15 years experience in dealing with personal injury cases. Fifteen years is plenty of time for a law firm to develop a positive reputation. If you are not impressed with their settlement amounts or their reputation you should probably move on to a more reliable firm. Chances are the longer a firm has been around, the better they are at what they do.
If you have been injured in an accident it is important to seek immediate medical attention, taking care of your health is the most important thing you should do. The last thing you want is for an insurance adjuster to lower the value of your case because they don’t take your accident seriously. If you don’t seek medical attention you will not be taken seriously because your injuries will look disputable. Reasonable and necessary medical attention is crucial in documenting your claim. Be open and honest with your health care provider so that a clear record is established about your injuries and how it affected your life.
Your medical records will be reviewed by everyone involved in and evaluating your accident. If you miss medical appoints you are bound to look flaky. When you look flaky to a jury they are less likely to sympathize with you and sympathy is what you want. You want other individuals to understand the suffering you went through and the serious impact your injuries have had on your life. If you go missing appointments it will be difficult in getting others to care about your case, because it looks like you don’t care about your case.
You want to make sure that you finish all possible treatment your health care provides for your injuries before you agree on a settlement amount for your case. Insurance adjusters value your case based on the severity and length of your treatment. The diagnosis and prognosis at the end of your treatment is crucial to your case. It is important to follow directions from your health care provider regarding the duration, scope and necessity of your treatment. Your health care provider will need to determine that you have either recovered or that you will never fully recover before we can fully evaluate the value of your case.
You will want to make it clear that you have a strong support system. If you have suffered traumatic injuries and you rely on help from your loved ones or friends for the necessities of daily functioning this is crucial to document. Having to rely on others in a common occurrence in accident cases and may not only inconvenience you but friends and family as well. If you need assistance in daily care it is important to show document these events.
How do you feel as a result of your injuries? Make sure to record the severity and location of pain on a daily basis. Write down any emotions you are feeling as well. Are you frustrated, angry or sad in your necessity to rely on others for help? Are you having trouble connecting with loved ones because you cannot sit or stand for long periods of time? Did you miss church or other events because you simply cannot get there because of doctor appointments? Record all these details for your attorney. It is easier to sympathize with someone when their thoughts are made available for review. If you do not record the feelings you are suffering you may not recall the level of suffering you endured 12-14 months later when your case is presented. It is your job document what’s happening to you emotionally, physically and socially.
Your injuries need to fully heal before you can get the justice are entitled to. You will want to be compensated for the full extent of your medical expenses, wage loss, loss of enjoyment of life, and any future losses. Sometimes this takes time. It is important to be patient, finish your treatment protocol and attempt to manage your affairs to the best of your abilities. As always the attorneys and staff at Phillips Law Firm are here to provide advice, direction and empathy.
