Atlanta Injury Attorneys Blog

Georgians are known to enjoy our waterways, and we are proud of our area's beautiful natural resources. That is why when a boating accident or fatality occurs, we are all impacted. In my experience as a Gwinnett County boating accident lawyer, I know the impact on families when such a tragedy occurs and was saddened to learn of the recent boating accident death of a Buford teen.

The incident occurred over the past weekend on Lake Lanier. We do not have many facts, but as reported by the Atlanta Journal-Constitution, the incident is now being investigated and it is possible that charges will be filed for the tragedy.

What we do know is that the young teen disappeared during a boating accident that took place on the lake at or near the Toto Park area and Highway 136. The accident took place on Saturday evening at around 7 p.m. and as we know with auto accidents as dusk approaches, light and visibility can be a factor. We do not know whether it was in this incident which will take weeks to determine.

Apparently, two boats collided in the accident and there were a total of 15 passengers on the boats at the time of the accident. Two other passengers were injured and taken to nearby hospitals. It is presumed that the teen boy was also killed in the incident as his body was located the next day by divers who were working on behalf of Hall County. And as is noted in the AJC piece quoting a DNR spokeswoman. " 'The incident is under investigation and anything regarding charges is likely weeks away as our critical incident response team re-creates the incident and analyzes data, conducts interviews, etc.' "

The Wildlife Resources Division of Georgia's Department of Natural Resources encourages boating safety by offering courses on how to operate a boat and the accepted rules of the waterways. The Designated Skipper Program encourages boaters to designate a skipper who is not drinking. It is important that all boaters know the rules of the waterways and Georgia's regulations on who is eligible to operate a boat and what education is required in certain age groups.

The pamphlet includes such vital information as: registration requirements and information, fees involved in registering a boat, the proper display of vessel numbers, our legal operating ages, the required equipment for boats, what constitutes unlawful operation of a boat, what constitutes boating under the influence of alcohol or other substances, how to report a boating accident, who is responsible for enforcing the regulations, environmental restrictions, as well as the relevant laws for personal watercraft and proper towing of water skiers.

In addition, it is very important for boaters to review the Georgia laws relating to operation of personal watercraft. For example, among other areas of the law, Georgia has specific rules with regard to the unlawful and dangerous operation of a personal watercraft. Boats must maintain a proper operating distance and must operate within the rules when encountering other boats. To reference these rules and regulations, please visit the Wildlife Resources Division website which provides a great deal of important information for all boaters.

If you, or someone you know, has been injured or killed in a boating accident please contact Atlanta injury lawyer Charles Scholle for more information on your legal rights. Our legal consultation is free of charge and will provide valuable and important information. It is also important that you get assistance as soon as possible so that you can preserve any legal rights you may have.

As an experienced Georgia accident lawyer I have offices throughout the Atlanta region and also litigate personal injury and wrongful death cases throughout Georgia and the Southeastern area.

It seems that tragedy has a way of reminding us about safety. A Georgia man died over the weekend in a boating accident while he and his family were kayaking in out of state. In my work as a Georgia boating accident injury lawyer, I have found that sadly -- tragedy does teach.

Over the Fourth of July, many families headed out for a weekend of fun and relaxation. On Eagle Mountain Lake in Texas fun turned to tragedy, as a motorboat hit three kayaks while they floated near a dock.

According to law enforcement, two of the kayaks did not have the lighting required for boaters to see them. A Roswell man was killed and other kayakers were injured in the accident. The motorboat driver tried to help at the scene.

When boating within Georgia and outside the state, it is important to check the laws and regulations regarding boating in that area.

The Georgia Department of Natural Resources is the entity responsible for boating safety. According to several sources, DNR Law Enforcement was patrolling over the past weekend to ensure that boaters comply with Georgia boating laws. This is one of the primary functions of DNR Law Enforcement -- to ensure that boaters are following applicable laws and regulations. In the tragic kayaking death in Texas, lights may have been needed on one or more of the kayaks and were required by law in that state for kayaking after dark.

Georgia authorities say that a common legal violation is the failure to use a life vest, which is required for children under the age of 10. Another area of major concern for law enforcement is boating under the influence of alcohol. Boaters must be educated about the fact that they must not drive a boat and drink.

One DNR captain discussed boating laws noted in an article on Fox31Online, that " '[w]e have a zero tolerance policy when it comes to operating a vessel under the influence, and we are going to enforce it. As long as everyone comes out here, brings a little bit of good common sense with them, gets a designated driver, they won't have any problems with us.' " He also noted that many boaters do not know the laws and regulations with which they must comply and do not have the right equipment when they come out on the water.

Please take the time to review the Georgia's boating laws and regulations to make sure your boating is safe and sound.

If you, or someone you know, has been injured in a boating accident please contact Atlanta injury lawyer Charles Scholle for more information on your legal rights. Your legal consultation is free of charge.

It is important that you get assistance as soon as possible so that you can preserve your legal rights. As an experienced Georgia accident lawyer practicing in the Atlanta region and throughout Georgia, I am available to evaluate at no charge any potential legal claims.

The most common serious injury suffered by the victim of an auto, truck, boat, motorcycle or other vehicle accident in Georgia is a back or spinal cord injury.

Spinal cord injuries are extremely serious and require immediate medical attention. The symptoms depend on the severity and location of the trauma. A "complete spinal cord injury" is defined as an injury where the nerves are not functional at any point below the injury, where with a "partial spinal cord injury" there is some nerve function below the injury.

The human body has 24 movable vertebrae: 7 cervical, 12 thoracic and 5 lumbar. The spinal nerves wind through the spinal canal. The cervical vertebrae are in the area of the neck, the thoracic center around the upper back and the lumbar are associated with the lower back. The vertebrae are numbered in sequential order with #1 at the top, so C1 would be the top cervical vertebra and C7 the bottom cervical vertebra and the one above T1. An injury occurring higher up the spinal cord results in relatively more paralysis than one affecting the lower vertebrae.

A complete spinal cord injury in the C1 region is considered a catastrophic spinal injury and could affect a victim's breathing and result in quardraplegia, paralysis of all limbs. A compete injury of the thoracic or lumbar vertebrae might result in paraplegia, or paralysis of the arms or legs. Other symptoms of spinal cord injuries could include: stiffness or spasticity of the affected arms or legs, loss of bowel or bladder control and sexual dysfunction.

Treatment of the injury for spinal cord usually consists of 3 distinct phases:

1. Stabilization of the injury and minimization of further injury to the spinal cord;

2. Rehabilitation of the injury so that the patient can function at maximum mobility;

3. Coping with the injury and the life changes associated with any permanent impairments.

More than 10,000 American suffer serious spinal injuries each year. Most of these occur in automobile wrecks and trucking accidents. Motorcycle accidents and boating crashes are other common causes. If you are injured in an accident, even if you don't necessarily feel seriously hurt, seek medical attention immediately. If the injury is a complete spinal cord injury, you will likely have no choice. However, even with a partial spine injury, wait for the ambulance. Adrenaline may cause you to feel stronger and less injured than you really are. You can make the injury worse if you don't stop moving immediately.

I represented a man with a partial spinal injury who exacerbated the injury by his unrestrained movement after the fact. Not only was he more severely injured than he should have been, but he also could not seek damages for the exacerbation caused by his post-accident movement, as it was not caused directly by the wreck. Don't let this happen to you. And, by the way, wear your seatbelt in your vehicle and your helmet on your motorcycle because a severe head or brain injury is not just devastating, it's likely fatal.

Hire a lawyer who is experienced in cases involving spinal cord and head injuries. The medical details can be confusing, and you don't your lawyer to learn on the job when so much is at stake.

A Metro Atlanta boating accident left a young woman dead from severe injuries, the Atlanta Journal-Constitution reported Aug. 27. According to the newspaper, Zayna Smith was actually being pulled in an inner tube behind the boat when the accident happened -- the third such accident I've noted this summer as a Georgia boating accident attorney. Smith, of Roswell, died Aug. 26 at Atlanta Medical Center, the newspaper said.

The accident took place on Lake Allatoona on the afternoon of Aug. 25. The AJC reported that Christopher Girous was pulling Smith in an inner tube behind the boat when the tube hit some rocks. The collision threw her from the tube and head-first into more rocks, according to a spokesman for the Cherokee County Fire Department, sustaining severe trauma to her head and her lower extremities. Smith was unresponsive when help arrived, the article said, and had to be rescued by boat before she could be put into an ambulance and taken to the hospital for treatment. Girous, 53, is charged with reckless operation of a watercraft and pulling someone not wearing a life jacket.

As I noted, this is at least the third Georgia accident this summer that hurt people pulled on inner tubes. Prior accidents sent two teenaged boys from South Georgia and three 10- and 11-year-old girls from west Georgia to hospitals. As a Metro Atlanta boating accident lawyer, I believe inner tubing is safe -- but I also know boating safety experts tell boaters to take extra care when doing it. The boating safety manual put out by the Georgia Department of Natural Resources dedicates an entire chapter of its boating manual to safety issues surrounding inner tubers, water skiers and others pulled behind the boat. Its cautions include warnings that boat operators should keep the towed person -- especially inner tubers, who don't have much control over their direction -- well away from hazards.

A Georgia boating accident left one young man seriously injured and another with minor injuries, the Bainbridge Post-Searchlight reported July 28. According to the article, 14-year-old Davis Wallace and 16-year-old Jake Goodson were being pulled in inner tubes behind a boat operated by Mike Wallace. The elder Wallace told the Georgia Department of Natural Resources that he moved out of the way for another boat, then overcorrected, throwing the teens onto the bank of the river. Goodson was not seriously injured, but the younger Wallace was hospitalized for severe injuries at Memorial Hospital in Bainbridge, then transferred to another hospital in Tallahassee.

As a Georgia boating accident lawyer, I noticed right away that this accident was similar to a Georgia drunk boating accident that I recently wrote about on this blog. In that case, the victims were three young girls being pulled in inner tubes behind a boat operated by the father of one of the girls. The operator made a sharp turn, sending the girls into debris and rocks on the shore and causing injuries that required surgery. He was eventually charged with boating under the influence of alcohol.

In this newest case, alcohol was not reported as a factor. But as a Metro Atlanta boat accident attorney, I believe the two accidents are an important reminder that all Georgians should consider safety when they go out on boats and personal watercraft this summer. Boaters may not think boating accident are as dangerous as car accidents, but in fact, recreational boating accidents kill about 700 Americans every year, according to the U.S. Coast Guard. In fact, because a boating accident takes place in water, victims knocked unconscious may be in even greater danger of death from drowning or being caught in a propeller.

An Alabama man was charged with operating a boat under the influence of alcohol in connection with an injury accident, television station WALB reported July 13. Samuel Kyle was pulling his 10-year-old daughter and two 11-year-olds behind the boat on a water tube in the Chattahoochee River, in Early County. The Georgia Department of Natural Resources said Kyle was under the influence of alcohol when he made a tight turn that sent the girls flying off the tube and into some rocks. All three were hospitalized and required surgery.

Most people know that it is illegal to drive their cars under the influence of alcohol, even if some of them choose to do it anyway. But not every Georgian realizes that it is also a crime to operate a boat under the influence of alcohol. In fact, you can be charged with drunk boating if you are found with a blood-alcohol concentration of 0.08% or higher (for adults), just as if you had been driving. And the evidence shows that boating while intoxicated can be just as dangerous as driving. According to statistics from the U.S. Coast Guard, alcohol use was the top most common contributor to recreational boating deaths in 2007, and the fifth most common contributor to all accidents.

As a Georgia drunk driving accident lawyer, I frequently use DUI arrests or convictions as evidence of fault in my clients' lawsuits. In an Atlanta boating accident lawsuit, a BUI conviction can be powerful evidence showing that law enforcement believes the person cited was not boating in a safe and responsible manner. This is important, because accident victims must prove the person they are suing is responsible for their accident, and thus their injuries, before they can claim any compensation for those injuries. And those injuries can be quite serious, including broken bones, head injuries and even wrongful death from accidental drowning.

Georgia's biggest and most popular lakes for recreation, swimming and boating are: Lake Lanier, Lake Allatoona, Carter's Lake, Clark's Hill (Thurmond), Lake Seminole, Lake Hartwell, Lake Blackshear, Richard B. Russell Lake, Walter F. George Lake, and West Point Lake. As the Fourth of July holiday arrives here in Georgia, it is important to remember that recreation in Georgia lakes can turn deadly or cause catastrophic injuries if people are not careful and rules are not followed. Swimmers, boaters and personal watercraft riders should be aware of the dangers before venturing out on the water.

The Department of Natural Resources for the State of Georgia is the agency responsible for law enforcement on Georgia waterways. These officers will be out in force this summer because 2009 has been a very bad year for boating fatalities and drowings. Through June 21st, 5 victims have died in boating accidents and 21 people have drowned statewide. During the entire year of 2008, 10 died in boating accidents and 62 drowned statewide.

Officers will be checking first for lifejackets. Georgia law requires a life jacket or other personal floatation device for operators or riders aboard a moving boat or personal watercraft at all times. Also, people being towed by boats whether on skis or tubes, must also wear floatation devices.

Secondly, officers will be making sure that boat operators are not impaired. In 2008, Georgia Department of Natural Resources Officers made 215 Boating Under the Influence arrests in Georgia and investigated 18 alcohol-related boating accidents. On average, more than 20% of boating fatalities are the result of an impaired boat driver.

While it is not illegal to have alcohol in the craft, it is illegal to operate the boat under the influence of alcohol or illegal drugs. The blood alcohol content limit is .10 in Georgia. If you are under 21, the limit is .02. People convicted of Boating Under the Influence are subject to penalties up to a $1,000 fine and one year in jail. These sentence guidelines are identical to those for DUI in an automobile.

Boating Under the Influence is more dangerous, in my opinion, than Driving under the Influence is in an automobile because of the lack of impact safety devices like seatbelts and airbags in boats. Boats are just not set up for crash impacts. Besides death and drowning, brain injures and spine injuries are the most common result of boating accidents, as passengers seldom wear helmets and the speeds in boats at the times of impact are comparable to those in cars. Tragically, disfiguring burn injuries are also very common.

Appreciate the dangers of boating accidents. Have a great 4th, but be safe.

Swimmers, boaters urged to be safe in Georgia waters for July 4th holiday weekend, The Florida Times Union, June 28, 2009.