Missouri Injury Lawyers Blog

Michael A. Haller, 24, of Jefferson City sustained moderate injuries and was transported to Lake Regional Health System by ambulance for treatment. Haller was involved in a head on boat crash on May 21st around 11:20PM in Camden County. Haller was operating one of the boats, a 1992 Chaparral and was headed westbound. Haller had two passengers at the time of the accident as well, they were Brian T. Markway, 24, of Jefferson City and Tadd M. Mertens, 24, of Wardsville. Both men sustained minor injuries but refused medical treatment at the scene.

The other boat involved was a 2005 Bryant that was eastbound. That boat was driven Deran G. DeLong, 44, of Washington, IA. DeLong sustained no injuries.
The accident occurred as Haller's westbound boat and DeLong's eastbound boat met and struck each other head on.

This spring, the Missouri River is now up to 25ft. That is approximately 12ft above normal. Boating season is just getting started and members of the Coast Guard Auxiliary are telling boaters simply to use common sense. Boaters need to keep life jackets on the entire time they are out on the water. People don't often think of how little time there is to grab a life jacket out of its storage compartment and get it put on properly before an incident occurs.

Boaters need to also avoid alcohol. Starting July 1st the legal blood- alcohol content level for boaters will be lowered to .08. Click the following link to read more about the Missouri River's high levels and what the Coast Guard Auxiliary's advice to boaters is:Boaters Safety.

William C. Ray, 53, of Newcastle, OK was pronounced dead by doctors at Lake Regional Health System around 11:00AM on April 21st. Ray was a passenger of a 2001, 18 foot Basstracker boat operated by Scott A. Kimble, 39, of Buhler, Kansas. Ray and Kimble were both thrown overboard when the boat struck two cruiser wakes near mile marker 17 around 9:30AM. Both men tried to swim to shore, however Ray was unable to make it to the nearby dock. Ray was retrieved from the water by by the Lake Ozark Fire Protection District's fire boat. Kimble sustained no injuries.

Nicholas Tindall, 19, of O'Fallon, IL sustained moderate injuries in a boating accident that occured on September 4th at 11:25AM in Ridgedale, MO at Table Rock Lake. Tindall and passenger, Catelyn Kelly, 18, of Scott Airforce Base, IL were riding a 2010 Yamaha PWC that was owned by Big Cedar Resort. A second 2010 Yamaha PWC, also owned by Big Cedar Resort, was being operated by Brandon Gass, 20,of O'Fallon,IL.

According to the Missouri State Water Patrol District 3, the accident occured as Tindall's PWC was idling and Gass' PWC was heading toward him when he let off the gas, causing him to lose control of the steering. Gass' PWC then struck Tindall's which ejected all passengers. Tindall susatined moderate injuries and was transported to Cox South in Springfield by Taney County EMS.

Heath Stanfill, 38, of Foristell, MO and Charles Munroe, 70, of Chesterfield, MO were involved in boat collision on July 24 at 7:15PM in Sunrise Beach, MO in the Lake of the Ozarks. According to the Missouri State Water Patrol District 2, Munroe was travelling down the lake about 300 feet off the shoreline in a 1988 16 foot Wellcraft boat, when Stanfill, who was operating a 45 foot Cruiser, ran over the stern of Munroe's boat. Stanfill had one passenger, Gina Stanfill, 36, also of Foristell, MO. No one involved was injured.

Matthew Powers, 21, of Osage Beach was operating a Tige Runabout boat that belonged to Linda Swineburg, also of Osage Beach on July 17. According to the Missouri State Water Patrol District 2, Powers' boat was pulling a wake boarder and a tube. Two women, Jessica Hendricks, 20, of Osage Beach and Bethann Smith, 21, of Linn Creek were riding the tube when the boat turned to close to the shore. The tube hit the shore and both females were ejected. The accident occurred around 6:18p.m. at Pin Oak Cove located in the Lake of the Ozarks.

Both Hendricks and Smith were taken to Lake Regional and then Flown to University Hospital in Columbia, MO.

Memorial Day weekend is generally recognized as the unofficial start of the summer boating season. Taking a few precautions can help you stay safe if you choose to head to hit the water this weekend.

The Missouri State Water Patrol maintains a webpage with Handbook of Missouri Boating Laws and Responsibilities. Visit their site to learn more about boat safety.

Everyone at Tatlow, Gump, Faiella & Wheelan wishes you a safe and happy Memorial Day weekend.

Since 2005, Missourians born after 1984 have been required to pass a boating safety course offered by the Missouri State Water Patrol prior to operating a boat or personal watercraft on public lakes. (RSMo. 306.127)

While this course if offered at many locations throughout the state, the MSWP also offers this required course in an online format at Boat Missouri for a nominal $20 fee.

The Missouri State Water Patrol released a statement regarding the new safety law regarding dock address identification which takes effect on January 1, 2010. Dock owners on Missouri lakes, specifically the Lake of the Ozarks and any other lake managed by the US Army Corp of Engineers, will be required to post the nearest land address on the dock itself to aid emergency workers in locating accident scenes. The hope is that response times will be that must faster with water-related accidents.

For more information you can visit the Water Patrol press release page or the Ameren UE press release page regarding the new law's specifications. You can also call the Missouri State Water Patrol with any questions regarding the new law at 573-751-3333.

KY3 news in Springfield, Missourireported on a boating accident that left one man dead as a result. At Pomme De Terre lake in southern Missouri, at approximately the 16MM, Albert Warner and John Smith, both of Springfield, Missouri were in a 1983 Richline 12' utility boat and had stopped to eat lunch near the Highway PP access. Smith stood up in the boat and it capsized, throwing both men into the water. They were trying to put on life jackets when Smith's floated away. Warner and Smith clung to the boat for about 40 minutes until two gentlemen came by in another boat and towed them to shore.

Warner was transported to Citizens Memorial Hospital for treatment of hypothermia. Smith was declared dead at the scene. The Missouri State Water Patrol investigated the accident.

The Missouri State Water Patrol investigated a crash where two boats collided on the lake yesterday. Around 3:37 p.m. a 1999 Skeeter Bass Boat, operated by Michael Eubanks of Bourbonnais, Illinois was idling on the lake when a 2002 Triton Bass Boat, operated by Jeff Frederici plowed up the lake and crashed into him. Further investigation is still pending.

Missouri is known for its beautiful lakes and scenic waterways and water recreation is a popular way to cool off on those hot and sultry Missouri afternoons. However, summer fun can quickly turn to tragedy for the unwary.

Drowning accidents claim the lives of thousands of people each year. The Centers for Disease Control and prevention (CDC) reports that in 2005 alone, there were 3582 fatal unintentional drownings in the United States, and an additional 710 people died in boating related incidents. In 2006, the U.S. Coast Guard received reports for 4967 boating incidents. Among those who drowned, 9 out of 10 were not wearing life jackets. More than one in four fatal drowning victims are children 14 and younger. Most drownings in those over 15 years of age occur in natural water settings such as lakes, rivers or the ocean.

Some of the major risk factors in drowning accidents are (1) lack of appropriate barriers and supervision; (2) age and recreation in natural water settings such a lakes, rivers or the ocean; (3) lack of appropriate choices in recreational boating; and (4) alcohol use.

What can you do to prevent water related injuries:

Designate a responsible adult to supervise young children while in or around water.

Always swim (or boat) with a buddy

Learn to swim. Be aware that the American Academy of Pediatrics does not recommend swimming classes as the primary means of drowning prevention for children younger than four.

Learn cardiopulmonary resuscitation (CPR)

If you have a pool at home, install a fence that completely separates the house and play area of the yard from the pool area. Also consider additional barriers such as automatic door locks or alarms to prevent access or to notify you if someone enters the pool area.

If you are in or around natural bodies of water, always use U.S.Coast Guard approved life jackets when boating, regardless of distance to be traveled, size of boat or swimming ability of boaters.

Watch for dangerous waves and signs of currents.

Don't use alcohol. Alcohol influences balance, coordination, and judgment, and its effects are heightened by sun exposure and heat.




Continue reading "Summer Fun Turns Tragic in Missouri Drowning Accidents" »

It is estimated that well over 300,000 boating accidents occur each year resulting in some sort of personal injury. The exact figure is difficult because many times no report is filed. The United States Coast Guard keeps statistics on fatalities and injuries and such incidents should be reported if there is a death, disappearance, and property damage in excess of $500.00 or medical attention beyond first aid.

Coast Guard statistics show that the major contributing factors to serious injuries and fatalities are alcohol use, reckless operation, and inexperience. In fact less than 10% of all reported death and Injury cases happened on vessels operated by persons who had boater safety training. Other common factors include:
• Driver error
• Drugs
• Excessive Speed
• Equipment failure
• Adverse weather and/or water conditions

As a general rule of law, a boat operator and its owner must exercise the highest degree of care to prevent injuries to those passengers in the boat or swimmers or others in the waters or boats around them.

Continue reading "Boating Accidents Take Heavy Toll" »