The tragic passing of country music star and lead singer for the band Backroad Anthem, Craig Strickland, is a reminder of just how dangerous boating can be.
http://www.eonline.com/news/751489/craig-strickland-s-cause-of-death-revealed-medical-examiner-says-country-singer-died-of-hypothermia Details concerning why Craig Strickland’s boat capsized are largely unknown but there are many things that all boaters should do to keep themselves and others safe while on the water.
DO NOT DRINK AND OPERATE A WATERCRAFT
The State of Georgia considers boaters who are under the influence of alcohol, toxic vapors, or drugs to be a direct and immediate threat to the welfare and safety of the general public. O.C.G.A. § 52-7-12(e). It is illegal to operate, navigate, steer, or drive any moving vessel while under the influence of alcohol, drugs, or glue, aerosol, or other toxic vapors. O.C.G.A. § 52-5-12(a)(1)-(3). The fact that you are legally entitled to use the drug is not a defense against any charge for boating under the influence. O.C.G.A. § 52-7-12(b).
In Georgia, if your alcohol concentration is 0.08 or more grams within three hours of being in control of a moving vessel from alcohol consumed before operating the vessel, you are presumed to have committed a crime and this presumption is admissible in any civil or criminal proceeding against you. O.C.G.A. § 52-7-12(d). Evidence of the amount of alcohol or drug in a person’s blood, urine, breath, or other bodily substance is also admissible in any civil lawsuit or criminal action. O.C.G.A. § 52-7-12(c).
Just recently, on May 21, 2016, a tragic boating accident on Lake Lanier forever changed the lives of two teenagers. One of the teenagers had his right foot completely amputated and the other has been charged with boating under the influence of alcohol, reckless operation of a vessel, having insufficient personal flotation devices and littering. It is suspected that alcohol was involved in this horrible incident. You can find more information online at the
Forsyth County News website.
BOATING CRIMES
Irresponsible boaters can find themselves facing significant criminal and civil liability. For example, a jet ski operator who causes the death of another person by traveling more than idle speed within 100 feet of a shoreline adjacent to a residence is guilty of a felony and shall be imprisoned for not less than 3 years! O.C.G.A § 52-7-12.2(a). The same penalty applies to those who operate any vessel in a reckless manner in violation of O.C.G.A. § 52-7-12.1.
One may be guilty of the felony
“Serious Injury by Vessel” if he causes serious bodily harm to another by violating any of the following laws: O.C.G.A. §§ 52-7-8.2(j) (speed of personal watercraft), 52-7-12 (prohibited operations of vessels), 52-7-12.1 (reckless operation of vessel or other water device), 52-7-13(b) (boating safety zones), 52-7-14 (duty to render assistance), 52-7-25(c) (stopping for law enforcement).
All boats and jet skis must be operated at speeds that are reasonable and prudent under the conditions and hazards existing at the time of operation. O.C.G.A. § 52-7-17(d).
Vessels should never be occupied by more people than the manufacturer’s recommended capacity. O.C.G.A. § 52-7-17(b).
Many other important tips for boating safety can be found at the following websites:
http://www.uscgboating.org/
https://www.boat-ed.com/georgia/handbook/
IMPORTANT GEORGIA LAWS FOR JET SKI OPERATIONS
• No person under the age of 16 years may operate a jet ski in Georgia; provided, however, that a person 12 through 15 years of age may operate a jet ski if accompanied by an adult 18 years of age or older. O.C.G.A. § 52-7-8.2(l)
• All persons operating a jet ski must wear a United State Coast Guard approved personal flotation device. O.C.G.A. § 52-7-8.2 (b)
• No person shall operate a jet ski after sunset or before sunrise. O.C.G.A. § 52-7-8.2(d)
• No person shall operate a jet ski faster than idle speed within 100 feet of any other anchored vessel, vessel adrift, dock, pier, bridge, person, public park, public beach, public swimming area, marina, etc. O.C.G.A. § 52-7-8.2(j)
HAVE YOU BEEN IN A BOATING ACCIDENT?
If you have been in a boating collision or accident, you have a duty to provide all practicable and necessary assistance to others to save them from or minimize any danger caused by the collision. You must also give your name, address, and identification of your vessel in writing to any person injured. O.C.G.A. § 52-7-14(a). It is a good idea to immediately notify your insurance company in order to ensure coverage if a lawsuit is brought against you. If you do not notify your liability insurance carrier, the insurance company may void coverage based on your failure to promptly notify them of the incident.
If you are the victim that has been injured due to the
negligence of a boater, you may have a valid claim.
Williams Elleby Howard & Easter offers free consultations and can help you better understand your rights. Call today!
833-LEGALGA 
