Rules of the Road

Michael Myers — Mon, 08 Jun 2009 11:59:39 GMT

Liability in motor vehicle accidents is frequently determined based on application of the "rules of the road". Determining liability inclusions between vessels (for collisions between vessels and personal watercraft, water skiers, swimmers) is also determined by applying standardized rules. These standardized rules have been around for a lot longer than the rules of the road.

Between 1,000 BC and 600 BC, the people of Rhodes developed a strong commercial fleet and they were soon everywhere in the Mediterranean. The people of Rhodes developed rules of law to deal with occasional shipping disputes including, especially, a code of maritime law. It's referred to as the lex Rhodia.

Many of these rules – thousands of years old – have been codified by both Washington State and the United States Coast Guard.

When trying a case involving a collision between vessels or between a vessel and personal watercraft, water skier, swimmer or diver, it is important to ensure that the court gives the jury instructions about each of the applicable rules. While there is a pattern set of Washington jury instructions that include special instructions for the rules of the road, the pattern set does not include rules applicable to boating accidents. Therefore, it makes sense in these cases to start early in terms of educating the court so it can then, at trial, educate the jury about what law applies and give the jury a sound basis for citing the case.

Originally posted at InjuryBoard by Michael Myers

...And a Bottle of Rum

Michael Myers — Fri, 05 Jun 2009 12:01:01 GMT

There is a strong historical connection between alcohol and boats. It started with ancient seafarers and has continued to modern day.

While drinking and driving has a significant stigma associated with it, the same stigma has not taken such fierce hold in the world of boating. As a result, impaired operation of boats both large and small remains a significant problem.

During Seafair and other major events on Lake Washington there is a significant law enforcement presence and intoxicated operators are both ticketed and taken to jail. However, the rest of the year sees relatively little enforcement of these laws. As a result, collisions between vessels and other accidents involving alcohol are frequent.

Alcohol – while to some degree tolerated on the water – is one of the least tolerated factors when it comes to trying a personal injury or wrongful death case. The plaintiff's consumption of alcohol can often be the death knell for a case. By the same token, the defendant's intoxication bodes variably drive both favorable settlements and high verdicts.

It is important both for operators and occupants to realize that operating a boat while intoxicated carries the same risks as drunk driving.

Originally posted at InjuryBoard by Michael Myers

Tacoma Personal Injury Lawyer - boating safety

Rules of the Road

...And a Bottle of Rum