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View Full Version : Boater charged with negligence after propeller slices scuba diver near Boca Inlet


Bulit7
02-15-2011, 09:35 PM
http://www.wptv.com/dpp/news/region_s_palm_beach_county/boca_raton/boater-charged-with-negligence-after-propeller-slices-scuba-diver-near-boca-inlet

:thumps:

hammerhead786
02-15-2011, 10:56 PM
The parents should be charged. What kind of an asshole(s) gives or allows unsupervised access to a boat like that for a kid that age? It said they were drunk/ drinking. Someone got them the alcohol. The alcohol came from some place? Who got it or allowed access? Why no charges there? Now you have a couple of kids who drastically screwed up their lives / futures and in the big picture charges and lawsuits are not going to change or undo what has happened. I have to think it's not fair the price some kids have to pay for moments of stupidity. This is a prime example.

Speaking of boat strikes... I stopped to check the water at the inlet tonight and right away took notice of a Kayaker in a blue Kayak about 1/8 of a mile from shore. If he wasn't paddling I would not have spotted him. I thought man you've got to be one shot out sob to take a blue kayak out in front of a busy inlet without even a safety flag or colored safety gear on. Not 5 minutes go by and as I'm watching the spinner sharks jumping I hear a go fast boat, closed cockpit, screaming along the coast at about 60-70mph. Then I scan around and barely locate the kayak and I'm thinking I'll bet...yep! They are right in line. The kayaker starts paddling his ass off (Huge mistake) and as the boat closes to critical distance he freezes like a deer in the headlights. The go fast notices the kayak last second but there's nothing he can do he instinctively slaps the throttles back and shoots past the kayaker within I'm guessing 50'. This was exactly what I was talking about in the other post. This is why it happens and this is the typical reaction i see. I stayed and watched him paddle in. As he got in closer I noticed he had one of those neon orange/pink 14 x 16 dive flags some of the dive shops are now carrying on his yack. With the setting sun it looked white and blended in well with the water. He no wet suit on, had no fins, no dive gear and no free dive gear.

LunkerBuster
02-16-2011, 10:23 AM
scary shite right there...flare gun anyone ?

Joe.A
02-16-2011, 10:35 AM
I've been that kayaker a few times. Red kayak, orange shirt, safety orange life vest, red flag on top of 7ft pole. Doesn't matter what you do when the operator of the king fishing boat is looking back at his customers while trolling. They stear off after I blow my little air horn, and then they wave to say hi, like they weren't about to kill my a$$.

Lazy Bones
02-16-2011, 10:35 AM
The parents should be charged. What kind of an asshole(s) gives or allows unsupervised access to a boat like that for a kid that age?

I stopped to check the water at the inlet tonight and right away took notice of a Kayaker in a blue Kayak about 1/8 of a mile from shore. If he wasn't paddling I would not have spotted him...

The kayaker starts paddling his ass off (Huge mistake) .

First, did you read the link? The guy who was charged was 64 years old, and I doubt his parents lent him the boat.

Secondly, please explain how paddling was a huge mistake. That would be my first instinct as well, what should he have done differently? What would have done?

hammerhead786
02-16-2011, 11:52 AM
Paddling gets the heart rate up... the worst thing you can do before a breath hold dive. You are never going to out paddle a speeding boat. You are much better off observing the boat, judging the closing distance and diving calmly to about 15 ' and doing a count waiting for the speeding boat to pass. This guy did a lot of things wrong (no reel sitting in frees pool by his feet, no fins on, small shitty flag, no air horn, etc... ) but I'm not teaching ocean kayaking class. I really don't know anything about kayaking in the ocean. I've just read about it in books and online. There have been times over the years yachts have ended up on the beach in this area from captains on auto pilot. If they're not looking even more reason to accept anything is possible out of the vessel speeding towards you.

This particular boat was a fully enclosed race boat. It was loud as offshore boats get. It was flying. There was only two options, dive and count or freeze and pray. Jesus must have loved this one.

Lazy Bones no I didn't read that article I thought it was another follow up to the many I have read about the drunk 15 year old who just mutilated another minor girls legs...

:toast:

hammerhead786
02-16-2011, 12:47 PM
Berger, who lives in Highland Beach and Wilmington, Del., faces up to one year in jail and up to $1,000 in fines if convicted of culpable negligence.

IF you survive you're injuries last your entire lifetime. So if someone recklessly runs you over and mutilates you with their props they face UP TO 1,000 dollars (average weekly paycheck for most) and UP TO one year in jail...

Mind blowing... no wonder so many don't give a shit about boating safely. The penalties are a bad joke.

Bet he does 0 jail time.

Skip_168
02-16-2011, 03:54 PM
Berger, who lives in Highland Beach and Wilmington, Del., faces up to one year in jail and up to $1,000 in fines if convicted of culpable negligence.

IF you survive you're injuries last your entire lifetime. So if someone recklessly runs you over and mutilates you with their props they face UP TO 1,000 dollars (average weekly paycheck for most) and UP TO one year in jail...

Mind blowing... no wonder so many don't give a shit about boating safely. The penalties are a bad joke.

Bet he does 0 jail time.

there are civil penalties for criminal acts as well... medical bills, pain & suffering, punitive damages.. the victim just has to go for them..

Lazy Bones
02-16-2011, 03:57 PM
Paddling gets the heart rate up... the worst thing you can do before a breath hold dive. You are never going to out paddle a speeding boat. You are much better off observing the boat, judging the closing distance and diving calmly to about 15 ' and doing a count waiting for the speeding boat to pass. This guy did a lot of things wrong (no reel sitting in frees pool by his feet, no fins on, small shitty flag, no air horn, etc... )

The earnest portion of you answer I appreciate. I'm always willing to learn.


but I'm not teaching ocean kayaking class. I really don't know anything about kayaking in the ocean. I've just read about it in books and online.

The facetious portion is just being a dick.

Bulit7
02-16-2011, 08:46 PM
The facetious portion is just being a dick.

Havin a hard time with a little sarcasm?
Dont worry dude, you will get used to it around here(eventually).

hammerhead786
02-17-2011, 12:51 AM
Ha ha Lee you're the King! Lazy Bones I wasn't being facetious I was being sarcastic and in all honesty in a joking way. Enjoy the free kayak lesson from the dick it may save your life some day ;)

Skip 168 I know about the civil penalties. They take a long ass time to get if they ever are actually paid, a lot of legal fee's go with it and usually the A hole who was responsible is none the worse for wear. Money for the victim(s) is a good thing don't get me wrong. It just seems to me that if you kill or nearly kill someone from acting recklessly the word misdemeanor should not even be a possibility.

Petra
02-17-2011, 09:20 AM
Berger, who lives in Highland Beach and Wilmington, Del., faces up to one year in jail and up to $1,000 in fines if convicted of culpable negligence.

IF you survive you're injuries last your entire lifetime. So if someone recklessly runs you over and mutilates you with their props they face UP TO 1,000 dollars (average weekly paycheck for most) and UP TO one year in jail...

Mind blowing... no wonder so many don't give a shit about boating safely. The penalties are a bad joke.

Bet he does 0 jail time.

And sometimes people get probation too. Here's a story: http://www.wptv.com/dpp/news/region_martin_county/emergency-room-doctor-sentenced-to-probation

Skip_168
02-17-2011, 12:21 PM
Skip 168 I know about the civil penalties. They take a long ass time to get if they ever are actually paid, a lot of legal fee's go with it and usually the A hole who was responsible is none the worse for wear. Money for the victim(s) is a good thing don't get me wrong. It just seems to me that if you kill or nearly kill someone from acting recklessly the word misdemeanor should not even be a possibility.

I can understand how you feel... unfortunatly to get the stiff penalties for crimes like this you have to prove the driver of the boat was aware the diver was there, and had the "intent" to cause serious bodilly harm to another, then its another story. Otherwise it's just an unfortunate accident, (even though it was caused by the negligent act of the driver), and our system doesn't punish the same for accidents as it does acts done with knowledge and intent...

And sometimes people get probation too. Here's a story: http://www.wptv.com/dpp/news/region_martin_county/emergency-room-doctor-sentenced-to-probation

yes.. and all the luck to Murphy.. hopefully he has a good attorney and takes every piece of property, and all the money this doctor had...

pirate_diver
02-17-2011, 03:30 PM
How can this guy get negligence, but the Dr. that hit Rob gets probation??? Can anyone say lack of standards in prosecuting?

Petra
02-18-2011, 12:38 PM
How can this guy get negligence, but the Dr. that hit Rob gets probation??? Can anyone say lack of standards in prosecuting?

To my limited understanding, "negligence" has something to do with a criminal "charge," while "probation" is a punshisment/penalty given to someone who is found guilty of a crime.

I believe Roger (the guy who hit Rob) was CHARGED with a violation of navigational rules and then, subsequently, convicted guilty by a judge and then sentenced to "probation," a small fine, and maybe some small amount of restitution awarded to the victim.

I am unware of the penalties that can be placed on the boater in this incident if he is adjudicated guilty for the crimes he is charged with, but I suspect it's something like a fine of approximately $500-$1,000 and a maximum jail time of 60 days and/or probation. It will be interesting to see how this case resolves.

Skip_168
02-18-2011, 02:17 PM
To my limited understanding, "negligence" has something to do with a criminal "charge," while "probation" is a punshisment/penalty given to someone who is found guilty of a crime.


Close, negligence is a tort, or "civil wrong".. not a criminal act.. It is used so peeps can get paid when someone's actions injure them, or damage thier propery...


I believe Roger (the guy who hit Rob) was CHARGED with a violation of navigational rules and then, subsequently, convicted guilty by a judge and then sentenced to "probation," a small fine, and maybe some small amount of restitution awarded to the victim.


Correct!


I am unware of the penalties that can be placed on the boater in this incident if he is adjudicated guilty for the crimes he is charged with, but I suspect it's something like a fine of approximately $500-$1,000 and a maximum jail time of 60 days and/or probation. It will be interesting to see how this case resolves.

Sounds close, I don't do any maritime stuff... The civil part is where you really hit these people where it hurts... the wallet...

gcracker89
02-18-2011, 02:48 PM
"Between 2004 and 2009, a total of 22 scuba divers in Florida were injured or killed when run over by a boat, according to FWC."

That is a scarry number

You gotta wonder when the state is going to get tuff on boaters: A) for getting to close to a dive flag and B) when there going to put some teeth into a penatly.

A biker gets killed and it only takes a few weeks they pass another law that you have to stay 3 feet away. Seems like a stupid law you need a law to tell you to stay away from bikes. Now when I'm driving 4 feet away and he makes a left turn in to me I'm at fault for failing to keep 3' away.

Up the penalty
Its time there are real penalties for this type of accident, Someone on the board who has a better command of the english languge should start a petion to our great state leader for a tuffer laws.
Rant over

pirate_diver
02-19-2011, 10:20 PM
To my limited understanding, "negligence" has something to do with a criminal "charge," while "probation" is a punshisment/penalty given to someone who is found guilty of a crime.

I believe Roger (the guy who hit Rob) was CHARGED with a violation of navigational rules and then, subsequently, convicted guilty by a judge and then sentenced to "probation," a small fine, and maybe some small amount of restitution awarded to the victim.

I am unware of the penalties that can be placed on the boater in this incident if he is adjudicated guilty for the crimes he is charged with, but I suspect it's something like a fine of approximately $500-$1,000 and a maximum jail time of 60 days and/or probation. It will be interesting to see how this case resolves.

Thanks for clarifying. I guess the question then is how come one person can get charged differently than another in a virtually similar accident.

Skip_168
02-20-2011, 03:36 AM
Thanks for clarifying. I guess the question then is how come one person can get charged differently than another in a virtually similar accident.

our founding fathers would move back to england if they were alive hear this kinda stuff....:bang:

pirate_diver
02-21-2011, 05:02 PM
our founding fathers would move back to england if they were alive hear this kinda stuff....:bang:

who are you and your comment makes no sense....