Accidents on the Water - How You're Protected

Seamen, sailors, captains of boats, fisherman and other employees who spend their workday on the water are protected by Maritime Law. This type of law pertains to work-related or boating accidents which occur. Often these accidents occur to those people who are working on the water or on boats in the water.

Often victims of this array of accidents will be protected even further under the Jones Act. This kind of Act was developed to help protect the rights of seamen who might otherwise be uncovered legally since they work on the water. Lawyers who are knowledgeable and experienced in the Jones Act can help victims and their families feel confident they are protected and are legally represented well to find the compensation they rightfully deserve, as quickly as possible.

Fault of negligence is the basis of the Jones Act. After an accident occurs, the injury claim is investigated. If the investigation determines the negligence is the responsibility of the plaintiff the awarded amount is then subtracted out of the 100% compensation. For example, if in the investigation it is found the seaman is 30% negligent for the accident which occurred to him, the awarded amount will be the remaining 70% only.

This process is called Comparative Fault and via it the account of fault of everyone involved is determined. Lawyers who specialize in Maritime Law and the Jones Act most often work on contingency which means the lawyer is paid when the injured party collects their payment, as well.

While the injured person is waiting on their trial to be completed and their award to be given, they are qualified to gain “Maintenance and Cure”. This is financial assistance to help the injured person pay their bills, pay for food and pay for living expenses. This type of compensation continues until an awarded no-fault Worker’s Compensation is given. The “Cure” area of this kind of plan deals with the cost of medical treatment or any other costs needed to help the injured person regain their health. These things can help the injured person until the trial is over.

While injures on work related boats do occur, most water related injuries occur on recreational boats or watercrafts. Many times these involve jet skis, fishing boats, kayak or other water vessels. In these cases, a personal injury attorney would be beneficial as they can sort out personal negligence cases (which depend on the state when the accident occurred).

US Coast Guard reveals most drowning accidents are due to the result of personal negligence because not all states require boating training. They would expect the death rates to drop incredibly if all states did require training, however.

Lawyers who specialize in Maritime Law will help you if you or a member of your family is injured or killed in a boating accident. Contact one immediately to begin the entire process of gaining the compensation you deserve.

Advice and Tips for Avoiding Boating Under The Influence Consequences

Most citizens know there are various laws in place within each state to protect drivers, passengers and the overall community from drunk drivers. However, some people are unaware there are similar laws involving boating. Both state and federal laws are in place to prohibit Boating Under The Influence (BUI) and these laws permit officials to stop any boat or watercraft to ensure the operator and passengers are safe and sober.

The main motivation for states to start passing Boating Under The Influence laws was due to the fact the percentage of alcohol related boating accidents began to rise rapidly. Statistics show that over half of the boating accidents in the United States involve drugs or alcohol. In addition, the Insurance Information Institute reveals the leading factor contributing to fatal boating accidents is alcohol.

Boating Under The Influence laws apply to those operating a fishing boat, a yacht, personal watercraft, a sailboat, a sailboard or any other watercraft. State laws traditionally define drunk boating crimes as: the operation of a watercraft on a body of water while under the influence of alcohol or drugs. Some states include the limits of a blood-alcohol concentration (BAC) of .08 percent while others are somewhat higher at 0.1 percent. In some states, the laws state if there is a minor who has been drinking and has any amount of alcohol in their blood-alcohol concentration, a BUI can be given.

Expensive fines, the addition of the charge to your criminal record, the loss of your boating license, the loss of your driver’s license and a hike in your insurance rates are all common consequences of a BUI. In addition, jail time can be part of the sentence.

What To Expect After Getting A BUI

The serious consequences related to a BUI charge is due to the fact a boating accident can lead to death or injury of the operator or passengers. These laws carry stiff punishments, much larger than a simple traffic ticket and they apply to both commercial and recreational boaters.

If you’ve been charged with a BUI and you’re a recreational boater, you can expect to have your boating license revoked or suspended. Often, the judge will also take away your driver’s license. Things like if you had minors on board, what number of offense this is for you and the details on whether anyone was injured can determine the rest of your punishment. If you’re a commercial boater and you are charged with a BUI, you can even lose your job.

Avoid Boating Under The Influence Consequences

* Get Educated: Whether you are in your home state or are traveling to boat, be sure you educate yourself beforehand on the local regulations involving alcohol in a boat. Some states will vary in their regulations on whether open containers of alcohol can be present on a watercraft.

* Get A Lawyer: If you are charged with a BUI, it’s important to talk immediately with a lawyer. The process of defending against a BUI charge can be complicated and finding a lawyer who specialized in boating laws can be helpful.

What You Need to Know About Motorcycle Safety

Each and every year there are thousands of individuals injured or killed due to motorcycle accidents. Whilst often they're due to the faults of other vehicle drivers, learning to ride a motorcycle safely is imperative to all drivers' safety. When done safely, motorcycle riding can bring you thrills and excitement.

Safety Tips For Motorcycle Drivers

Be Seen

- Always stay in clear view of other drivers about the road.

- Be certain your headlight works and is on all the time (even in the day).

- You are able to use reflective strips and decals on your clothing and bike to add safety.

- Remember cars and trucks can have blind spots and act accordingly.

- When you're slowing down, flash your brake to alert other drivers.

- If drivers do not see you, use your horn.

Always Dress For Safe Riding

- Don't ever ride your motorcycle without a helmet and eye protection.

- Choose bright clothes and a light colored helmet so you'll be seen easily by other drivers.

- Leather clothing or clothing of thick material can really help protect you in case of the fall.

- Tall riding boots, gloves, pants and long sleeves can also help protect your body whilst riding.

- The only thing that will protect you from the road is your clothing and gear.

Constantly Stay In Mental Shape To Ride

- You must always be looking out about the road for changing road conditions and think about your time and spacing margins.

- Also, you must take extra time and space to react to the actions of other drivers.

- Give other drivers extra space and time to react to your movements.

- Think about your lane positioning and use it to be seen. Be certain to ride in the part of the lane where you're best seen.

- Be on the lookout for turning cars.

- Signal all of your future moves in advance to allow others the opportunity to react safely.

- Never weave between cars or between lanes.

- Don't ride when you're tired.

- Never ride if you're drinking or are on drugs.

- Follow the rules of the road, including the speed limit.

- Make it a habit of riding extra defensively.

Know Your Bike

- Unless you know you're bike very well, it's important for you to take a training course or a refresher course (if it's been a whilst since you rode).

- You can always call the Motorcycle Safety Foundation to find out where your local training courses are located.

- Before taking your bike out on the open road, be certain to practice driving it. You must know how to safely manage your bike in wet conditions, sandy conditions, windy conditions or uneven pavement conditions.

Remember, it's important to be prepared for anything on the road when you're riding or driving a motorcycle. The way you react to other drivers or the way you conduct your self can mean the difference between life and death in an accident. Be sure you're always well visible, wear your protective gear, are following the traffic laws and are aware of your surroundings at all times.

The Federal Government's Ban on Trucker Texting

Each year you will find thousands of trucking accidents caused by dangerous driving by truck operators. Several of these accidents are associated with truckers who are texting whilst they drive.

Statistics from the U.S. National Safety Council (January 2010) state you will find at least 200,000 people in accidents every year due to texting plus a recent study at the University of Utah showed there is 23 times greater risk of accident when the driver is texting.

When large commercial trucks are involved in accidents, the results usually involve death or brain injuries. Several also involve other family cars who are on the road in the truck's path during the time of the accident.

The government answered the public cry about this issue with a ban on all hand-held texting by drivers of large trucks plus buses. They are hoping this immediate ban will cut down on the rate of trucker texting mishaps.

Fines of up to $2,750 will be placed upon those truckers who text whilst drive as of now because the ban is effective immediately, according to Transportation Secretary Ray LaHood. Another texting ban was implemented to cover drivers of federal government vehicles in December 2009.

"We want the drivers of big rigs plus buses and those who share the roads with them to be safe," LaHood released in his statement. "This is a crucial safety step and we will be taking more to eliminate the threat of distracted driving."

There was quite a lot of research in the areas of calculating how long truckers took their eyes away from the road while sending or getting text messages. This trucker texting ban is a direct reaction to the information collected from these studies.

Already you will find about 24 states in the U.S. and many private companies of drivers who've placed bans on texting drivers of all motor vehicles and others are jumping on board daily. In fact, federal legislation has been introduced to establish a country-wide ban of texting whilst driving plus is expected to be reviewed soon.

Those parents who have teen drivers can certainly talk with their kids about how texting along with driving can lead to death or injury. Teen drivers are often the most inexperienced and most likely to text while driving their vehicle. Many parents are choosing to take their own action and placing their own texting bans on their kids whilst driving.

Regardless of whether you're driving your own personal vehicle or are the operator of a large commercial truck, texting while driving is totally irresponsible. This foolish act can cause death of the driver, death of innocent witnesses or horrendous injury to those involved.

In the past Americans have spoke out passionately against drunk drivers and the same is starting to happen against texting drivers. Until there is an American-wide legal ban on texting while driving, it is up to each driver to make the right choice.

Avoid Boating Accidents - 6 Methods for Staying Safe

Each Spring boaters from all over the country rush toward the lakes, rivers and moreover oceans to appreciate their boats. Of course, the first months of the Spring season are frequently one of the most dangerous times to boat because the water temperatures in lakes, rivers plus oceans are not yet warm.

Statistics show that four times as many fatalities happen in boating accidents if the water temperatures are 39 degrees or colder. Boating mishaps where the boat capsizes or where individuals fall overboard are the most typical fatality accidents on the water. If a boat's passenger falls into frigid water, they can immediately experience a loss of muscle control plus be unable to maneuver naturally or unable to swim.

When a human body is exposed to chilly water, it will cool down 25 times faster than if it were exposed to chilly air instead of water. Thus, even a few minutes in cold water can greatly affect the way the body can move or the way the person can breathe.

In 2008 there were 510 individuals who drowned in boating mishaps with 459 of them not wearing life jackets. Therefore, it's very important to wear a life jacket so you can stay afloat.

To stay safe this Spring season when boating, use these six boating safety guidelines:

1) Each Passenger Needs To Wear A Life Jacket: To be sure you'll float if an emergency occurs, always wear a life jacket. The life jacket you choose should be U.S. Coast Guard approved, should fit properly plus should be undamaged.

They should not be locked in closed compartments or put into plastic bags, as they will likely be needed to be accessed quickly in case of emergency. Wearing the life jacket at all times is the top way to be sure you're protected. In addition, each boat should have throw-able flotation devices handy.

2) Prepare For Possible Danger: Before you hit the water, be sure you are ready for any feasible threat or emergency situation. Always put your mobile phone in a waterproof plastic bag and moreover keep it in your pocket. Be sure to also leave a "float plan" with a friend or relative. having a first aid kit on board too as a supply of food and water is also very important.

3) Speak With Locals Regarding The Weather: Learning the typical weather conditions where you are boating within is important for your safety. Talk with locals about the weather forecast and moreover any potential hazards. After finding out the weather patterns, check to ensure your radio, GPS and flares are in working condition.

4) Protect Your self Against Hypothermia: Whenever the water temperatures are below 90 degrees, someone who falls overboard could suffer from hypothermia. So, be certain to wear clothing made of polypropylene or wool to help trap body heat in case you find yourself overboard.

5) Research Boating Regulations: Among the most important things you can do is ensure you're following proper boating regulations, such as ensuring all passengers are prepared with a life jacket or making sure you're not overloading the boat.

6) Always Stay Calm: If an emergency does strike or someone is thrown overboard, do not panic. If the boat overturns, get out of the water and stay with the boat (sit on top of it).