West Virginia Injury Lawyer Blog

A boating accident occurred last week on the New River approximately fifteen miles downstream from the Bluestone Dam near Beckley, West Virginia. According to the Woods and Waters Charleston Gazette Blog, there were five men riding in a fourteen-foot jon boat that capsized. Two of the men were able to swim to safety, two others drowned, and a third man has still not been found. According to news reports, the group was not wearing life jackets, and the boat they were riding in was only rated to carry three people and 350 pounds. Authorities searched for the last victim by dragging the river and using sonar, but his body remains undiscovered.

Boating on fast moving rivers like the New River can be a thoroughly enjoyable experience, but those same swift waters that make for great recreation can also pose a great danger. We here at the Wolfe Law Firm are deeply saddened by the accident that took the lives of three men, and the incident shows just how important it is to exercise safe boating practices when out on any body of water. In this case, the owner of the boat may have been negligent in allowing too many passengers in his watercraft, and each of the men should have been wearing a life vest while out on the river.

Boating accidents are a fairly frequent occurrence on West Virginia's many waterways, and if you or a loved one was injured in a boating incident, you should contact a professional West Virginia boating accident attorney as soon as possible. Not every accident is compensable under the law, but a lawyer can investigate the causes of your accident to determine if you have a viable legal claim. Whether you were injured or lost a loved one in such an accident, you should not wait to consult an attorney -- the longer you wait to get help, the more difficult it will become for you to accumulate the evidence needed to build a successful case to protect your rights and interests.

As the boating season comes to a close in West Virginia, it's important to take precautions for next year to ensure that new boaters are aware of the rules of the state regarding safe boating operation. According to the State of West Virginia, the following regulations must be followed in order to operate a boat on waters within the state:

1. Anyone born after December 31, 1986 must complete a boating education course before they can operate a motorboat or personal watercraft in West Virginia.

2. Operators must satisfactorily complete a state-approved boating course or a course approved by the National Association of State Boating Law Administrators (NASBLA).

3. Boat operators must present their class completion certificate upon request made by a West Virginia Conservation Officer or any other law enforcement officer qualified to make such a request.

4. You must be 15 years of age or older to operate a boat in West Virginia, although children ages 12 to 15 are allowed to operate a watercraft under the direct supervision of an adult. Children from 12-15 years in age who operate boats with motors less than 10 horsepower (hp) do not need direct supervision of adults. No operators are allowed under the age of 12.

Boating regulations are put in place to safeguard you and your loved ones while enjoying recreational activities on West Virginia's numerous waterways. If you have been injured in a boating accident through the fault of another operator, it is crucial that you seek legal representation for your case. You may be able to receive compensation for your injuries and time lost from work.

As the summer months arrive, West Virginia residents will flock to local lakes and rivers with their boats, jet skis, canoes and kayaks. Water sports are the highlight of the summer for many people, but as more people head out on the water, the risk for boating accidents also increases.

Boating accidents are often exacerbated by the consumption of alcohol, driver lack of experience operating recreational boats and driver error. The U.S. Coast Guard urges drivers to wear life jackets to prevent or minimize injuries. According to a May 21, 2010 report by CBS affiliate station WOWK-TV in Huntington, 70% of people who die in boating accidents were not wearing a life jacket.

The U.S. Coast Guard also encourages boaters to keep away from locks and dams, as these locations can be hazardous for recreational boats and swimmers. Restricted areas around locks and dams are clearly marked and should be avoided at all times, unless you have authorization to travel through the lock.

Complete Safety Checks to Reduce Risk
To reduce your risk for boating accidents this summer, take a boater-safety course and be sure to have your boat thoroughly checked for safety at the beginning and end of every boating season. When boats sit for long periods of time, corrosion and engine wear and tear can make them dangerous out on the open water.

West Virginia and Ohio boaters can utilize Ohio Department of Natural Resources (ODNR) safety checkpoints along the Ohio River to ensure that their boats have all the required equipment on board. These items include life jackets, a fire extinguisher, distress flag, anchor and line, horn and/or whistle.

As always, all authorities discourage boaters from drinking, as most boating accidents involve alcohol. If you have been injured in a boating accident in West Virginia, be sure to contact a reliable personal injury lawyer immediately to protect your rights.