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Michigan Lawyer Says Personal Watercraft Provide Great Fun But Can Lead To Even Greater TragediesBy Terry Cochran
Riding personal watercraft on Michigan lakes is a great way
to have fun on a hot summer day, but it's also a tragedy waiting to happen
if common sense and due care are not followed.Most owners know how to
operate a personal watercraft because Michigan law requires completion of
safety training classes before young operators can become licensed. But
owners often will let untrained friends "take a turn" on the water and
then very bad things can happen. The problem with personal watercraft is
people striking other people in the water, either another craft or a
swimmer, says attorney Terry Cochran, senior partner of Cochran, Foley &
Associates, Livonia, MI. Operators of personal watercraft, travelling at
high rates of speed, must always be very careful and extra vigilant to
spot people in the water. The craft may inadvertently travel into a
designated swimming area, or a swimmer may wander outside the area. Since
you can't brake the vehicle, tragedy can easily occur when the operator is
inattentive.Another major factor is the use of alcohol by personal
watercraft operators. Friends are out having fun on the lake on a hot
weekend day, adds Cochran. When alcohol becomes part of the formula for
fun, then the watercraft should be docked for the day. Cochran also
cautions against using personal watercraft for tubing. I know lots of
people use personal watercraft for tubing or water skiing but these
vehicles are not designed to pull people through the water, says Cochran.
The craft may have a hook for towing but the operator has very little
control over a tube swinging directly toward a swimmer. Many states allow
use of personal watercraft for tubing if there is a passenger spotter, but
it still is a dangerous practice. And the consequences of careless
personal watercraft operators can be very serious, especially for young
people. In any given year, about 20 percent of all personal watercraft
injuries in the U.S. are to youth under the age of 18. Of those injured
children, 46% were operators and 27% were passengers. Today there are more
than one million personal watercraft vessels in use, resulting in an
average of about 5,000 accidents each year causing 2,600 injuries and more
than 70 deaths. The Coalition of Parents and Families for Personal
Watercraft Safety conducted a 10-year study of personal watercraft that
showed: 55.1% of the injuries were to the head, face, and/or neck; 60.7%
of the trauma cases involved 10-14 year olds; 83% of the accidents
required at least 1 surgical procedure; 42.2% of the victims were admitted
to intensive care; 42.4% had disabilities after injury and 6.1 % died.
Other injuries include carbon monoxide poisoning, burns, amputations,
hypothermia, head trauma, disfigurement, and broken bones.Watercraft
vessels are usually operated by a person who is sitting, standing, or
kneeling. As an inboard boat, personal watercrafts are required to follow
the same rules and requirements of other powerboats, in addition to any
specific rules applicable to personal watercraft.Personal watercraft are
about 8 feet long and are powered by self-contained engines with an
enclosed propeller that uses pressured water for thrust. These smaller
watercraft can reach top speeds of 70 m.p.h. Most models are designed to
accommodate 2 to 3 passengers. A personal watercraft cannot be steered
when the engine is off, even though momentum may still carry the craft
forward. Personal watercraft make up only 6.5% of all boating vessels
owned in the U.S. but are involved in 55% of all boat collisions. The U.S.
Coast Guard found in 2002 that a personal watercraft operator is seven
times more likely to get hurt than a motor boat operator and 30 times more
likely than a canoer or kayaker. Collisions with docks, larger boats and
other personal watercraft account for more than 65% of all reported
injuries. Collisions often occur when operators attempt to jump the wake
generated by another vessel.In Michigan, no one younger than age 12 can
operate a personal watercraft. Persons 12 and older who were born after
1978 can operate a personal watercraft only if they obtained a safety
boating certificate
which is issued after taking required safety classes.
Personal watercraft operators and owners have a legal duty to exercise the
highest degree of care in order to prevent injuries to others, says
Cochran. The overwhelming majority of boating accidents are caused by
factors that can be controlled by the operator. If you've been the victim
of a personal watercraft accident, you have the right to seek reparations
for your injuries. Because these vessels pose a unique danger of serious
personal injury and death, and involve complex legal and safety issues,
you need an experienced attorney to help you.The attorneys at Cochran &
Foley have the skills, legal knowledge and experience needed to protect
people who have suffered personal injury or the death of a loved one
because of a boating accident and will seek to win payment for their
clients' injuries, expenses, and loss. For a free consultation call
800-322-5543 and ask for Terry Cochran or Lynn Foley or visit:
www.cochranfoley.com
Attorney Terry Cochran is dedicated to representingindividuals and families who have suffered catastrophic losses as a resultof injuries, disabilities and death. The firm does not represent insurancecompanies or corporations but instead bases its practice upon representingindividuals and families. www.cochranfoley.com
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