Power Boating Racing Championships Overshadowed by a Week of Tragedies

In all sporting activities there are some risks of injuries or even death. Sadly, tragedy struck at the power boating world competition series during the week of November 7 – 13, 2011. According to a recent report by The Miami Herald, during the opening competition of the Key West World Championships on Wednesday, November 9, two Missouri racers were killed. Bob Morgan, owner/throttle man of Big Thunder, and Jeffrey Tillman, driver, died when their 46-foot catamaran with four 1,200 horsepower engines abruptly swept into the air and flipped upside down. Later on Friday November 11, a 28-footer Skater with twin 850-horsepower engines skidded offshore and resulted in fatal injuries to Page Motorsports’ throttle man Joey Gratton of University Park, Florida. Stephen Page, driver, of Fort Myers, Florida, sustained minor injuries, was treated and released from the Lower Keys Medical Center. Gratton died on Saturday, November 12 at the Miami Jackson’s Memorial Hospital.

As these incidents demonstrate, offshore racing is a dangerous sporting activity. But, normally experiences at least one death per year and last week’s shocking events was incredibly abnormal. Also according to The Miami Herald during Sunday’s finale a third Florida watercraft accident happened. Two powerboat racers from New Jersey sustained non-life threating injuries. Warpaint owner/driver Bob Vesper of Sommer Points and throttle man, Danny Crank of Hammonton, were in their 38-foot watercraft with 750-horsepower twin engines when they slammed into a wave. Vesper, was treated at the Lower Keys West Medical Center and Crank was evacuated to the Miami’s Jackson Memorial Center for treatment for a torn ear and a possible concussion he suffered during the crash.

The American Power Boat Association (APBA) is the sanctioning agency which has adopted policies for its members which are aimed at preventing or reducing the number of Florida power boating accidents during its events. Still, it is probable that given these recent sequences of fatal and personal injuries, there could be renewed concerns regarding excessive speeds, machinery and equipment failures, operator inattentiveness or weather conditions which are known to be contributing injury and death factors in boating collisions. Therefore, there are a numerous legal issues to consider in such occurrences which may give rise to various legal claims.

Furthermore, it is a requirement under federal and state law that Florida recreation accidents be reported to the appropriate authorities in a timely manner. One of the goals of these reporting obligations is to ensure that the country’s waterways remain safe. Although federal law permits each state to enact more stringent reporting mandates, under Title 33 of the United States Code of Federal Regulation (C.F.R.), it is required that all boating accidents which take place upon the U.S. waterways be reported to the U.S. Coast Guard within 30 days of its occurrence. In Florida, whenever there is a casualty, accident, collision involving a vessel, or personal injury which requires immediate medical attention beyond first aid assistance, the operator of the vessel must make an undelayed report to any of the three following agencies: the Division of Law Enforcement of the Fish and Wildlife Conservation Commission, the sheriff of the county in which the accident occurred or, if applicable, the police chief of the municipality which the accident occurred. In the event the operator is incapable of providing a report, it is the duty of the owner, or a witness to the accident to provide a report to the appropriate authorities. Similarly under Florida law, each coroner has an official duty upon learning the death of a victim of a boating accident in their jurisdiction to immediately notify their nearest Department of Law Enforcement.

Nevertheless, according to the U.S. Coastal Guard’s National Boating Statistics, in 2010, Florida had a total of 608 boating accidents which were fatal, non-fatal, or with property damage over $2,000. Additionally, 69 people died and another 364 were injured during such calamities; ranking Florida as the number one state for boating injury and death mishaps. It is important to consult with a Florida boat accident attorney if you or a loved one has been involved in a boating accident in our area. This area of law is very complex and there are potential legal claims under various legal theories, including negligence, wrongful death or strict/products liability that should be discussed with an attorney to protect a party’s legal rights.

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Florida Insurance Fraud Grows Expensive

Enterprising criminals in Florida are using Florida’s no-fault insurance laws to game the system at the expense of ordinary policy holders. It’s the law-abiding citizens that are increasingly covering the costs of the growing Florida insurance fraud cottage industry and legislators must now face the issue of what to do to curb the problem. It is also the real victims of Florida car accident injuries who are given a bad name by this abuse. With insurance rates throughout the state soaring as a result of the fraud, the only question that remains is whether legislators with so many other priorities will carve out the necessary space to address the issue during next year’s legislative session.

Any practical solution should tread a narrow line and attempt to reduce the rampant fraud while preserving the no-fault insurance which was designed to protect victims of car accidents. A total repeal of the no-fault law would end up causing harm to the same innocent policy holders who are now being punished by the fraudsters’ misbehavior.

The statistics speak for themselves. Since 2004, the number of Florida drivers has been fairly constant. The frequency of car crashes has even decreased. Add together safety efforts and their increasing effectiveness, better seat belts, improved air bags, more aggressive enforcement by police officers, and the result should be reduced medical costs associated with auto accidents. What has actually happened is that the benefits paid by insurers under the state’s no-fault law, called PIP (personal injury protection), have jumped some 70 percent since 2008.

Florida Insurance Commissioner Kevin McCarty estimates the insurance fraud in Florida has led drivers to pay $900 million more in insurance premiums. One would expect the increased premiums to be a boon to insurance companies; on the contrary, insurers are hemorrhaging money under their PIP claims. For every $1 insurance companies collect they are paying $1.40 in claims. This despite some companies raising their PIP premiums by as much as 50 percent in recent years.

The typical automobile insurance fraud scheme in Florida goes as follows: Fraudsters realize that under the state’s no-fault law, monetary damages from an accident up to $10,000 are covered by each driver’s own insurance. Knowing this, the criminals then set about staging an accident. With the fake accident now having taken place, both sides go to an unscrupulous medical clinic and bill their insurers for up to $10,000 for a variety of procedures that were never obtained. Other fraud occurs when dishonest lawyers or medical clinics exaggerate injuries for victims from legitimate crashes to unload even more money from insurers.

Auto insurance fraud was initially a problem confined to South Florida. However, this has changed dramatically and with incredible speed. As the economy has soured, the prevalence of these scams has spread north to Tampa and Orlando. In 2010, Hillsborough County had an estimated 739 staged accidents; Orlando, 394; and Miami, 292. Though some of the criminals responsible for setting up these elaborate hoaxes were eventually apprehended many more were not.

Our Florida car crash attorneys know that though such crimes aren’t especially hard to investigate, the fact of the matter is that law enforcement is stretched thin with a multitude of priorities and lacks the financial and human resources to deal with so many questionable claims.

The increasing costs associated with auto insurance fraud in Florida has prompted some in the industry to push for a change. They have suggested that Florida abolish its no-fault system in favor of a policy that holds the negligent driver responsible. While talk of such change swirls around the state, Florida’s insurance consumer advocates want to ensure citizens and legislators alike don’t forget that the main purpose of no-fault insurance is to help innocent Florida car accident victims regain their lives as soon as possible after a crash. It remains important for all victims of actual area crashes to ensure that they visit with a Florida car accident attorney to learn about their rights and ensure they are protected.

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Bizarre Florida Electrocution Accident Takes Life of Brooksville Resident

This weekend ABC News reported on a bizarre Florida electrocution accident that claimed the life of a thirty two year old fisherman.  Jason L. Reeves of Brooksville, Florida was pronounced dead this weekend after being found by his girlfriend in a lake at Clover Leaf Farms.  A man who was near the water when Mr. Reeves’s body was found explained that the victim’s girlfriend ran to his house distraught after discovering the body floating in the water. Initially, the investigators assumed that the man had drowned.  However, upon further analysis it became clear that Mr. Reeves was actually electrocuted by a charge coming from a nearby power line.  His fishing lure was found dangling from a twelve foot line near where he had been fishing.

Local authorities explained that Mr. Reeves was casting a metal fishing lure and using a braided fishing line—a line which included a slight amount of metal within in.  It is assumed that the man’s lure became caught on the 7,200-volt overhead power line that hangs just a few feet from the bank of the river.  The man was then electrocuted before sliding down the bank and into the lake.  A Power and Light technician that examined the scene of the Florida electrocution accident found that the fishing line involved was stronger than a regular line and likely had enough material to conduct the electricity.  Authorities explain that they are still investigating the incident to determine exactly what happened and whether or not it should have been prevented. 

Our Florida accident attorneys know that this situation presents a few unique legal issues.  Whenever one is injured or killed in tragedies such as this, potential legal liability depends on very specific facts about the accidents.  Those facts include including determining who had control over the area where the accident occurred and understanding the information available to those who controlled the area.  Several residents interviewed after the tragedy explained that the point on the lake where the electrocution struck was a popular fishing spot.  Some even admitted that their own lines had gotten caught on that very power line in the past.  These facts may be relevant if a Florida electrocution accident lawsuit is filed seeking to hold a municipality or other involved party liable for the death.

Often these cases hinge on the common law rules of negligence.  Liability may be found if a party owed a duty to the victim and they breached that duty causing an injury.   In cases like this, the “breach” element is often at issue.  Whether or not a landowner, power company, or municipality breached a duty owed to this fisherman would on depend on what those potential defendants knew about use of the area, whether or not the power line could have been higher or better secured, and comparable facts.  In any event, all those involved in this and similar accidents are well advised to contact a Florida accident lawyer to ensure that their rights are protected.   

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