California Injury Lawyers Blog

A family of four was pulled to safety on Friday after the Dodge minivan they were in was pushed off the Balboa Island Ferry and into the water at Newport Beach. Their motor vehicle then proceeded to sink. Fortunately, no one was hurt in the Orange County, California motor vehicle accident.

According to witnesses, the minivan fell off the boat after it was rear-ended by a Mercedes-Benz that accelerated suddenly as it drove onto the ferry. The impact of the collision shoved the Dodge vehicle through a metal safety arm and overboard. The driver of the Mercedes, Lisa Rene-Blaisure Waite, has told investigators that the accelerator on her vehicle had gotten stuck.

As soon as the minivan fell in the water, a ferry worker jumped in to rescue Kuo-Hsuan Chang, Lung-Hsn Chu, and their two young children, Ping Chung Chang, 6, and Ko Chan Chang, 4. Two boaters in their vessels also helped retrieve the family, who are from Taiwan but were vacationing in Orange County, California. Fortunately, no one was hurt.

While this story has a happy ending, California ferryboat accidents can result in serious injuries and even death. In addition to boat collisions, sinking ferries, falls overboard, and drowning accidents, Orange County, California injury accidents can occur on these vessel. For example, a ferry boat passenger can get hit by a vehicle driving onto or off the ferry, sustain a traumatic brain injury in a slip and fall accident, or become the victim of a violent crime. There may be more than one party that should be held liable for your Newport Beach personal injury on a boat.

"There are steps that boat operators should Take to protect passengers from Orange California, injury accidents," said Newport Beach boating accident attorney Vincent Howard."

A personal injury case against a ferry, tour boat, or any other vessel is not the kind of case that you want to handle without the help of an experienced Newport Beach boating accident law firm that knows how to protecting your interests and legal rights.

A few common causes of boating accidents:
• Operator inattention
• Improper lookout
• Negligent operation
• Inadequate security
• Inadequate safety measures and procedures
• Engine failure
• Speeding
• Failure to keep a proper lookout

All ferries have to be in compliance with US Coast Guard safety regulations. This includes having at least the minimum amount of properly trained seamen on board, in addition with the necessary rescue boats, life rafts, and slides. Safety hazards need to be eliminated or prevented, such as making sure that the car deck isn't too crowded and the proper prevention measures to keep passenger from falling off the vessel are in place.

To schedule your free case evaluation, contact Howard Law, PC and ask to speak with Newport Beach Injury Attorney Vincent Howard.

Parents, kids rescued as van bumped off ferry, OC Register, January 13, 2012

Boater helps rescue family from sinking van in Newport Beach, Los Angeles Times, January 14, 2012

More Blog Posts:
Huntington Beach Wrongful Death Lawsuit in Fatal Jr. Lifeguard Boating Accident is Scheduled for Trial, California Injury Lawyers Blog, November 27, 2011

Huntington Beach Boat Accident Blast Injures Eight People, California Injury Lawyers Blog, November 26, 2011

Huntington Beach Wrongful Death Claim Seeks Damages from City After Boat Strikes Jr. Lifeguard During Training, California Injury Lawyers Blog, December 2, 2009

Continue reading "Balboa Island Ferry Accident: Passengers Rescued as Dodge Minivan Sinks into Newport Beach" »

The Orange County, California wrongful death case filed by the family of Alyssa Squirrell against the city of Huntington Beach will go to trial in May 2012. Squirrell is the 11-year-old junior lifeguard who died after she sustained serious injuries during a training exercise on July 14, 2009.

Squirrell was in the water with about 25 other Junior Lifeguards when the city boat's propeller struck her. She sustained serious lacerations to her legs and hips.

Although no criminal charges were filed against Lt. Greg Crow, who was operating the boat that struck Squirrell, her family's Huntington Beach boating accident lawsuit accuses him of negligence. Her family also claims that city employees did not obey a number of rules at the time, including one mandating that the boat be operated safely, another requiring boaters to slow down when they are within 100 feet of swimmers, and a rule regarding the adequate number of flotation devices that need to be kept on a vessel.

The family's Huntington Beach wrongful death case was put on hold after the city's insurance company sought to have any liability capped at about $26,000, which is the boat's value. Lawyers for Navigator's insurance cited federal admiralty law in their petition. The family's Huntington Beach boating accident lawyer, however, argued that the law is not applicable to cases involving injuries caused by negligence. A federal court judge denied the insurer's request earlier this year.

Unfortunately, accidents involving boat propellers do happen. For the victim, the injuries can be severe and even fatal.

You want to work with an Orange County, California boating accident law firm that knows how to prove liability in these types of cases--whether you are seeking damages from negligent boat operator or the manufacturer of a boat that had a dangerous defect that caused it to malfunction.

Just recently, another woman filed her wrongful death case against those she believes caused her sister's death last August. Esther Fujimoto was swimming when a boat propeller hit her. The media is reporting that the boat operator and the two passengers may have been drinking alcohol and smoking pot. They allegedly fled accident scene without helping Fujimoto, whose torso and lower abdomen were torn up. In the civil lawsuit the defendants are accused of failing to keep a proper lookout, not exercising reasonable care, driving under the influence, operating the boat in a manner that was negligent and reckless, and not get Fujimoto the medical help that she needed.

Earlier this year, a jury awarded another woman $30 million for her California boating accident injuries. Niki Bell's head was injured by a boat propeller after she and another person were thrown in the water. 80% of the blame was placed on manufacturer MasterCraft Boat Co. for products liability over a design flaw that caused the boat to become partially submerged during a low speed turn. Boat operator Jerry Montz was found 20% liable. Evidence showed that he had been drinking when the incident happened.

Trial date set in junior lifeguard wrongful death suit, OC Register, November 28, 2011

Wrongful death suit filed against boaters in fatal Pineview accident, Deseret News, November 9, 2011

Jury awards $30 million to Chico woman for boat accident, Sacramento Bee, June 8, 2010

More Blog Posts:
11-Year-Old Orange County, California Junior Life Guard Dies in Huntington Beach Boating Accident, California Injury Lawyers Blog, July 15, 2009

Huntington Beach Boat Accident Blast Injures Eight People, California Injury Lawyers Blog, November 26, 2011

Huntington Beach Wrongful Death Claim Seeks Damages from City After Boat Strikes Jr. Lifeguard During Training, California Injury Lawyers Blog, December 2, 2009

A gas leak may have caused a boat to explode in Huntington Harbor this morning. Eight of the nine people aboard the 26-foot power boat had to be treated at hospitals. The boating accident victims ranged in age from their teens to age 50.

The vessel, which was going to Long Beach, was only 2-3 minutes away from the harbor's main public launching ramp when the boat operator noticed the leak and told the passengers they should return to port. That is when the Huntington Beach boating accident happened, which caused the explosion.

Eight of the passengers had to be pulled from the water following the blast. Injuries included scrapes, broken bones, bruises, and possibly burn injuries. According to Sheriff's Deputy William Nelson, boat explosions usually occur when a gas leak is sparked.

If you were injured in an Orange County, California, there may be a person or party that should be held liable. Negligence would likely have to be a factor for this to occur. For example, if someone did not behave the way a reasonable person would be expected to under the situation and instead, committed careless, reckless, or irresponsible actions.

There are federal and state agencies in charge of boat safety. That said, despite the efforts of the United States Coast Guard and the other agencies involved to prevent boating accidents, it is still up to boat operators, passengers, boat maintenance workers, boat manufacturers, and others to do what they can to minimize the chances that a Huntington Beach boating accident will happen.

2010 Boating Accident Facts (US Coast Guard):
• 4604 US boating accidents
• 672 boating deaths
• 3153 boating crash injuries
• Nearly 75% of boating accident victims that died drowned
• Common cause of boating accidents included improper lookout, operator inattention, inexperience, alcohol, and speeding
• Other leading causes include strong waves, dangerous waters, machinery failures, road rules, and weather conditions
• Alcohol was the number one cause of fatal boat crashes
• 21 of the victims that died last year were under the age of 13

Examples of common boat accidents:
• Capsizing
• Sinking
• Grounding
• Flooding
• Falls overboard
• Ejected passengers
• Explosions or fires
• Boat accidents involving a towable device, such as a water-skiis
• Boat collision with another vessel
• A boat crash involving an object
• Propeller injury
• Carbon monoxide exposure
• Electrocution accident
• Swimming accidents
• Related natural causes

Our Anaheim personal injury law firm would like to encourage you to contact Howard Law, PC right away so that you can request your free case evaluation.

You want to work with an experienced Orange County, California boating accident law firm that knows how to successfully pursue your recovery. The earlier you obtain legal representation, the sooner your Anaheim boat crash lawyer can start gathering the evidence and preparing your claim.

Boat explosion injures 8 in Huntington Harbour, OC Register, November 26, 2011

Burns & Broken Bones: 8 Injured in Boat Explosion, LAIST, November 26, 2011

Boating Accident Statistics, US Coast Guard

More Blog Posts:
Two More Orange County, California Boating Accident Claims Filed Against Huntington Beach Over Deadly Crash Under Gilbert Drive Bridge, California Injury Lawyers Blog, December 23, 2009

Another Family Files Seal Beach Wrongful Death Lawsuit in Salon Shooting, California Injury Lawyers Blog, November 23, 2011

California Excessive Use of Force?: Angry Protestors Cry Foul Over Police's Use of Pepper Spray in UC Davis Occupy Wall Street Demonstration, California Injury Lawyers Blog, November 22, 2011

Two more claims have been filed against the city of Huntington Beach over a catastrophic boating accident under the Gilbert Drive Bridge that killed two boaters and injured a third on June 27. Shawn Wilson and Caleb Steele died after their inflatable boat hit one of the bridge's beams. The third boater, James Geekie, sustained serious head injuries.

In November, Wilson's wife Deanna filed an Orange County, California wrongful death lawsuit against Huntington Beach, the county, and the state of California. Deanna's previous claims seeking $5 million in damages for herself and another $5 million for her 3-year-old daughter with Wilson were denied.

Last week, Steele's parents, Patricia and Scott Steele, filed separate wrongful death claims against Huntington Beach. Like Deanna Wilson, the two of them claim dangerous bridge conditions, including poor lighting and failure to warn boaters of how the tides can impact navigability, caused the wrongful death.

It was high tide when Wilson struck the bridge beam. If the men had known to duck, they would have avoided striking the bridge beam.

On Tuesday, the only boater to survive the Huntington Beach boating crash, James Geekie, filed his Orange County, California personal injury claim against the city. Geekie, who sustained brain injuries, a concussion, and fractured his skull, also contends that poor conditions on the bridge contributed to his California boating accident injuries.

Orange County, California Premises Liability
An Orange County, California city can be held liable for premises liability if there was a hazard on the public property that should have been remedied but instead was not repaired or removed and caused injury or death. Public and private property owners or those in possession of the premise owe a duty of care to keep a property safe so that visitors, patrons, and others do not get hurt.

Another claim over deadly boat crash, OC Register, December 23, 2009

Relatives ask for $2 million in bridge death, OC Register, December 23, 2009

Widow Sues Huntington Beach, Orange County, and State of California for Wrongful Death Following Husband's Deadly Boating Accident, California Injury Lawyers Blog, November 10, 2009

The family of Alyssa Squirrell, the 11-year-old jr. lifeguard who died when she was struck by a boat during a training exercise in the ocean, has filed an Orange County, California wrongful death claim against the city of Huntington Beach. The complaint, filed on November 12, accuses lifeguard Lt. Greg Crow of negligent boat operation. The city of Huntington Beach runs the Jr. Lifeguard program.

Alyssa, a Laguna Hills resident, sustained leg and hip cuts when the boat struck her. She was in the water waiting to join her training group when the boat operator turned the boat around, causing the propeller to strike her. Alyssa was pronounced dead after surgery.

Following an investigation into the tragic accident, Orange County, California prosecutors have decided not to file criminal charges against Crow.

California Boating Accidents
Most boating accidents are caused by operator inattention or inexperience. Drunk driving while operating a vessel has also caused unnecessary boating injuries and deaths.

Boat operators owe a duty of care to operate their vessels safely. Failure to fulfill this duty of care can lead to criminal charges, as well as to California personal injury or wrongful death claims if other people are injured as a result of boat operator negligence even if the boat operator never intended to harm the victims. Many California boating accidents are preventable.

Family files claim in junior lifeguard death, OC Register, November 19, 2009

No charges in junior lifeguard death, ABC 7, November 10, 2009

Related Web Resources:
2007 California Boating Safety Report (PDF)

Huntington Beach Junior Lifeguards

Continue reading "Huntington Beach Wrongful Death Claim Seeks Damages from City After Boat Strikes Jr. Lifeguard During Training" »

The widow of a man who died after driving his boat into a beam of a Huntington Harbour Bridge is suing Huntington Beach, Orange County, and the state of California for his wrongful death. Shawn Wilson, 37, died on June 27. He leaves behind his wife Deanna, her 3-year-old son, and her baby daughter who was born a few weeks before the tragic boating accident.

According to her Orange County, California wrongful death complaint, the bridge, which was allegedly negligently, improperly, and recklessly designed, made, and maintained, should have had better signage and lighting over it. The lawsuit contends that other people had complained that the bridge was dangerous and at least one similar boating accident had happened in the area prior to Wilson's death.

Wilson died after his inflatable boat struck a beam on the Gilbert Drive Bridge. The accident occurred around 12:45am. One of his passengers, Caleb Steele, also died in the Huntington Beach boating accident. Another boating passenger, James Geekie, was knocked back and fell unconscious. He sustained serious head injuries but managed to swim back to shore.

Because the water was at high tide, the boaters should have ducked to avoid hitting the beam. Deanna Wilson's Huntington Beach wrongful death complaint contends that her husband was operating the boat in a careful, lawful, and reasonable manner. This is contrary to witness reports that her husband was speeding. Toxicology reports indicate he was operating the boat while drunk.

Examples of California Boating Accidents that can lead to Personal Injury or Wrongful Death claims if another party was negligent:

• Falls overboard
• Slip and fall accidents on boat
• Boat fires
• Drowning accidents
• Boating collision with another vessel
• Boat crashing into the harbor or dock
• Water-skiing accident
• Jet ski accident
• Boat capsizing
• Boat explosion
• Boat crashing into a fixed or submerge object
• Running over a swimmer in the water with a boat
• Striking someone with the boat's propeller
• Boat capsizing
• Flooding on boat

Related Web Resources:
Widow sues city, others over fatal bridge crash, Orange County Register, November 9, 2009

Two killed in Huntington Harbour boating accident, Los Angeles Times, June 27, 2009

Related Web Resources:
US Coast Guard Boating Accident Statistics 2008

Huntington Beach, California

Orange County, California

Three people were injured at Crystal Cove off of Newport Beach on Sunday when a powerboat crashed into a reef. The vessel almost sank from the hull damage.

The Orange County, California boating accident involving the Anna Jane occurred a couple of hundred yards from shore in Split Rock, an area of Crystal Cove. The three people who were injured sustained bruises and cuts.

The powerboat sustained serious property damage, but officials were able to pump the water out fast enough so that the vessel could be taken to a shipyard. Investigators are looking into the cause of the Newport Beach boating accident.

The US Coast Guard recently issued its 2008 Boating Statistics, including:
• There were 4,789 boating accidents last year.
• 709 people died. Drowning was a factor in more than 2/3rds of deaths.
• 3,331 others were injured.
• The vessels involved in the recreational boating accidents sustained $54 million in property damage.
• 90% of boating fatalities involved operators that did not receive boating safety instruction.
• 5 leading contributing factors to boating accidents: operator inattention, operator inexperience, careless operation, skier/passenger behavior, and failure to keep a proper lookout.
• Alcohol was the number one contributing factor in deadly boating accidents.
• Motorboats, personal watercraft, and cabin motorboats are the vessels most commonly involved in boating accidents.

Common kinds of boating accidents:
• Capsizing
• Collisions with other vessels or floating/fixed objects
• Electrocution
• Ejection from vessel
• Fall accidents in vessel
• Falls overboard
• Fires
• Explosions
• Flooding
• Sinking
• Grounding
• Skier accidents

While the shores off of Orange County, California are an ideal place to swim and boat, accidents do happen--especially during the busy summer months. If you or someone you love was injured in a recreational boating accident in Newport Beach, Huntington Beach, Laguna Beach, or another beach area in Orange County, California, you or your loved one may have grounds for filing a personal injury lawsuit.

3 injured after boat hits reef at Crystal Cove, OC Register, August 17, 2009

2008 Boating Statistics, US Coast Guard (PDF)

Related Web Resources:
Crystal Cove State Beach, Beach California

Boating Accidents, Justia

Continue reading "Newport Beach Boating Accident Injures Three at Crystal Cove" »

A tragic Orange County, California boating accident occurred in Huntington Beach yesterday when an 11-year-old junior lifeguard was killed after being struck by a lifeguard boat. Huntington Beach Marine Safety Lt. Greg Crow was driving the boat.

According to the Orange County Sheriff's Office, Laguna Beach resident Allyssa Squirrel was swimming in the ocean and taking part in an exercise that required the junior lifeguards to swim 100 feet from the shore. The lifeguards were then supposed to jump into a marine safety boat before going back into the water and gathering as a group before being picked up by a vessel.

Squirrell and another girl had not yet arrived at the group when the boat began circling to pick up lifeguards. This is when the propeller of the boat that Crow was operating struck the Laguna Beach resident. Squirrell, who sustained deep cuts to her hip and leg, died during surgery.

Crow is now on leave from his department. He has worked with the Huntington Beach Lifeguard Program for years and is licensed with the US Coast Guard. Following the tragic boating accident, Crow took a toxicology test. There were no drugs or alcohol discovered in his system. Crow is a 32-year veteran marine safety officer. Two other instructors were also present when Squirrell was hit by the boat. One instructor was in the boat with Crowe, while the other was in the water.

If you or someone you love was injured in a Huntington Beach boating accident, you may have grounds for filing a boating accident lawsuit against the negligent party. Boating operators are supposed to make sure that they do not injure swimmers or anyone that may have accidentally fallen into the water.

According to the US Coast Guard, common causes of Southern California boating accidents include:
• Operator inattention
• Skier/passenger behaviors
• Speeding
• Reckless/careless operation
• Alcohol use
• Failure to conduct a proper lookout
• Machinery failure
• Operator inexperience
• Poor weather
• Machinery failure

In 2007, the leading causes of boating accident deaths included:
• Drowning
• Hypothermia
• Trauma
• Carbon monoxide poisoning

There may be more than one party that can be held liable for your Orange County, California boating accident injury. For example, if you were injured in a Huntington Beach boating accident because a professional boat operator was careless, you also may be able to hold the company that runs the boating company liable for your personal injuries.

Community Mourns Death of 11 Year Old Girl Hit by Boat, KTLA, July 15, 2009

Boat driver who hit junior lifeguard is safety veteran, OC Register, July 15, 2009

Related Web Resources:
Huntington Beach Jr. Lifeguards

2007 Boating Accident Statistics, US Coast Guard (PDF)

Continue reading "11-Year-Old Orange County, California Junior Life Guard Dies in Huntington Beach Boating Accident " »