LOTO / Baja Accident
07-25-2007 | 04:27 PM
#61
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From: KC/LOTO
LAKE OF THE OZARKS ' The driver of a 30-foot Baja that slammed into a community dock near the 14-mile marker is being cited for careless and imprudent operation and faces a possible boating-while-under-the-influence charge. According to the Missouri Water Patrol, William Schumacher, 33, of De Pere, Wis. was cited for C and I and faces a BUI charge in connection with the accident that was reported around 8:30 p.m. on Saturday.
Under state law, there is a provision that allows the Water Patrol to use the BUI charge instead of a boating while intoxicated offense if there is a 'presumption of intoxication' that does not rise to the .10 legal limit but is more than .05 blood alcohol content.
The 30-foot Baja crashed into a cruiser moored at the dock after Schumacher hit a series of wakes, rocking the boat sideways, throwing him and three passengers overboard. The boat traveled roughly one-quarter of mile at a speed of about 70 mph before it hit the dock and came to rest on top of a Celebrity Cruiser in the dock slip.
No one in the path of the Baja or on the dock was hurt, but the damage was extensive. Schumacher and one passenger were taken to Lake Regional Hospital for treatment. Before hitting the dock, the Baja skated over a rock reef and hit a walkway. The Baja was headed downstream but veered to the right into the cove.
Water Patrol Lt. Nick Humphrey said state law makes it clear that the operator is to be in control of a boat at all times. The law also states a person shall not operate a vessel in a reckless or negligent manner or while intoxicated or under the influence of narcotics.
Water Patrol officers said the boat was going too fast for the conditions. They also allege alcohol was a factor in the accident.
The wreck left behind took nearly two days for the crews that came in to repair the dock, raise and tow the boats and cleanup the destruction the Baja caused.
The impact caused the dock to break loose and spin about 180 degrees with at least eight boats still moored in their slips.
Tim McNitt of Atlantis Dive and Dock said the damage was extensive. McNitt, Tom's Dock Service and TowBoat U.S. spent Sunday and most of Monday getting the boats pulled out and repairing the damage to the dock.
Under state law, there is a provision that allows the Water Patrol to use the BUI charge instead of a boating while intoxicated offense if there is a 'presumption of intoxication' that does not rise to the .10 legal limit but is more than .05 blood alcohol content.
The 30-foot Baja crashed into a cruiser moored at the dock after Schumacher hit a series of wakes, rocking the boat sideways, throwing him and three passengers overboard. The boat traveled roughly one-quarter of mile at a speed of about 70 mph before it hit the dock and came to rest on top of a Celebrity Cruiser in the dock slip.
No one in the path of the Baja or on the dock was hurt, but the damage was extensive. Schumacher and one passenger were taken to Lake Regional Hospital for treatment. Before hitting the dock, the Baja skated over a rock reef and hit a walkway. The Baja was headed downstream but veered to the right into the cove.
Water Patrol Lt. Nick Humphrey said state law makes it clear that the operator is to be in control of a boat at all times. The law also states a person shall not operate a vessel in a reckless or negligent manner or while intoxicated or under the influence of narcotics.
Water Patrol officers said the boat was going too fast for the conditions. They also allege alcohol was a factor in the accident.
The wreck left behind took nearly two days for the crews that came in to repair the dock, raise and tow the boats and cleanup the destruction the Baja caused.
The impact caused the dock to break loose and spin about 180 degrees with at least eight boats still moored in their slips.
Tim McNitt of Atlantis Dive and Dock said the damage was extensive. McNitt, Tom's Dock Service and TowBoat U.S. spent Sunday and most of Monday getting the boats pulled out and repairing the damage to the dock.
07-25-2007 | 06:47 PM
#64
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Joined: Jul 2006
Posts: 83
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From: Southern California
Nick, I agree it's an issue with HI-PO boats, but I really think this should apply to all boats.
Lanyards are cheap cut-out switches.
A boat is different than any other powered vehicle (aside from planes) that I can think of. Any other vehicle, you must constantly hold the "throttle" - not in a boat (or a plane), you set the throttle, bump it occaisnally, and you've got plenty else to do by steering, trimming the drives, trimming the tabs, and reading the terrain (wakes/waves).
Doesn't cost a whole lot to add a lanyard - sure costs a lot when you wind up in the drink, and your boat takes out another boat and dock - and let's not even think about how many accidents this year alone that have caused a death due to no lanyard.
The guy that lost his 8 yr old daughter a few weeks ago has to be going through a mental state that I would never wish on anyone. I couldn't imagine having to watch my boat circle, and then hit my daughter. I know it wasn't necessarily negligence on his part, but a lanyard would have made the difference.
It's simple and it's cheap.
I know I sound like a hypocrite, because I rarely wear a seatbelt in my truck - but that is only going to hurt me - not anybody else.
Maybe I need to work on that myself.
Lanyards are cheap cut-out switches.
A boat is different than any other powered vehicle (aside from planes) that I can think of. Any other vehicle, you must constantly hold the "throttle" - not in a boat (or a plane), you set the throttle, bump it occaisnally, and you've got plenty else to do by steering, trimming the drives, trimming the tabs, and reading the terrain (wakes/waves).
Doesn't cost a whole lot to add a lanyard - sure costs a lot when you wind up in the drink, and your boat takes out another boat and dock - and let's not even think about how many accidents this year alone that have caused a death due to no lanyard.
The guy that lost his 8 yr old daughter a few weeks ago has to be going through a mental state that I would never wish on anyone. I couldn't imagine having to watch my boat circle, and then hit my daughter. I know it wasn't necessarily negligence on his part, but a lanyard would have made the difference.
It's simple and it's cheap.
I know I sound like a hypocrite, because I rarely wear a seatbelt in my truck - but that is only going to hurt me - not anybody else.
Maybe I need to work on that myself.
07-25-2007 | 09:15 PM
#65
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Joined: Jan 2002
Posts: 52
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From: Green Bay
thanks for your concern
Let me start by saying this is my one & only post regarding this thread. I was on the 30 ft Baja that day.
First, thanks for the concern. You're all so busy calling us idiots, did anyone stop to think of the well being of those involved?
Second, many of these articles have incorrect information. Jump on the bandwagon if you want, people will assume what they want.
Luckily all 4 of us will recover from our injuries, some taking longer than others. Is this a learning experience in boating? Yes it is. We realize how tragic this really could've ended up. We were fortunate to be alive, & believe me, we do know it could've ended so much worse than it did. None of us on that boat are taking this lightly. Frankly, it's still difficult to talk about. But do we continually need to be beat & bashed from all of you? We're concerned enough about what happened, it's too bad all this thread seems to thrive on is pointing fingers & criticism.
For those of you who actually were concerned, we thank you for your thoughts & prayers for all of us.
First, thanks for the concern. You're all so busy calling us idiots, did anyone stop to think of the well being of those involved?
Second, many of these articles have incorrect information. Jump on the bandwagon if you want, people will assume what they want.
Luckily all 4 of us will recover from our injuries, some taking longer than others. Is this a learning experience in boating? Yes it is. We realize how tragic this really could've ended up. We were fortunate to be alive, & believe me, we do know it could've ended so much worse than it did. None of us on that boat are taking this lightly. Frankly, it's still difficult to talk about. But do we continually need to be beat & bashed from all of you? We're concerned enough about what happened, it's too bad all this thread seems to thrive on is pointing fingers & criticism.
For those of you who actually were concerned, we thank you for your thoughts & prayers for all of us.
07-25-2007 | 09:25 PM
#68
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Joined: Jul 2001
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From: USA
07-25-2007 | 09:33 PM
#69
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Joined: Nov 2000
Posts: 3,949
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From: IL...XLOTO
I bet not on any insurance policy. Let's face it, the state insurance regulators would probably never approve policy language like that. Just like they are not going to deny injury claims you may have because you are not wearing your seat belt.
