Real Bad Situation With One of My Tool Vendors

[asphaltgambler]

This guy who I know on a professional and personal basis just received a devistating blow, last week........................to the tune of a $700K judgement against him in a personal injury lawsuit.

Two years ago he was out on Lake Anna partying, boating and yes....... drinking. His wife and two grown sons are with him. After a day of indulging, they get a bite to eat and get back in their go-fast boat to head home (they live on the lake)

It is about dusk/almost dark. They idle out just past the no wake zone and he hammers it. Just anbout time the boat is on plane he sees another boat parked in the middle of the channel, no lights on, fishing. He cannot steer clear in time and t-bones - runs over the other boat w/4 people on board.

Pretty bad scene, all survived but his wife in bad shape as well as a woman in the other boat. Some are air lifted out. He is charged.

Fast forward a few months later, all ok but other woman is sueing for 1 Mil. He gets the official paperwork in the mail. He calls his insurance carrier to see where he stands. Turns out his wife did not pay the premium and the coverage lapsed 5 days prior to the accident................................

[TechnoViking]

I have no sympathy whatsoever. I hope pays up and takes responsibility for his actions.

[GH85Carrera]

Not paying insurance premium BEFORE it lapses is making yourself self insured. Painful lesson for your friend. Very painful experience for the folks he crached into.

[motion]

How much did he have to drink? BAC? Was he charged for operating under the influence?

[svandamme]

Boat or car, not really a difference in terms of cause and effect now is it?

Cause , drinking, poor judgement, excessive speed
Effect , human tragedy and miserie

Cause 2 , liable but not insured
Effect 2 , destitute

[stomachmonkey]

I thought it was common for insurance providers to exclude claims on accidents as a result of DUI anyway?

[asphaltgambler]

Do not know further details, but I'm pretty sure he was under the influence. More to the story.........his wife bails on him about 6 months ago ..........took up w/ technician on their route, he's a Matco tool guy

[Rick Lee]

I'd like to hear more about this. Is there a speed limit once out of the no-wake zone? Don't you have to run lights at night? Are you allowed to park and fish in the channel? Seemed the other boat could have avoided this one too. IIRC, VA has a contributory negligence law that says you're on your own if you're more than 1% responsible for an accident.

[VINMAN]

I remember this story from one of the performance boat forums I frequent.
Hoinestly, It does not matter who was physically in the wrong. The fact is, if he was impaired, all else goes out the door.

[Scuba Steve]

Wow, just... wow. DWI is terribly irresponsible.

[Rick Lee]

Originally Posted by VINMAN

The fact is, if he was impaired, all else goes out the door.

Perhaps in a civil trial, yes. My wife got hit in MD by a car turning left out of turn and it totalled her car. Other driver was cited by the cops, but his insurance co. told my wife to pound sand because she could and should have been able to avoid it. She didn't have collision the beater and so she lost the car and the other guy got a minor fine. DC, MD and VA have that weird law that is "supposed" to cut down on lawsuits by making everyone's insurance pay for their own insured if they are more than 1% responsible. If you hit a jaywalker with your car, in theory, he's on his own.

[asphaltgambler]

Rick - don't think there is any speed limit there. Because of lax regulations and enforcement Lake Anna for years has been a haven for hot boats. You dont' even need mufflers. You could take take a blown fuel hydro down there and as long as the registration was current, life vests and fire extinguishers.....................and you weren't acting like an *ss - the law would pretty much leave you alone.

I had a boat down there for a few years back in the 90's - very laid back if you behave.

[Rick Lee]

Is this the story?

Weekend boat collision on Lake Anna injures 4
By:
Published: August 05, 2009

SPOTSYLVANIA -- Authorities are investigating a late-night weekend boat collision on Lake Anna that seriously injured four people.

Department of Game and Inland Fisheries officer Leonhardt Anderson would not identify those involved in the crash after 11 p.m. Saturday near Brumleys Point in Spotsylvania County.

Anderson said one boat carrying two men hit another boat with two men and a woman on board pulling a fourth person on a wake board. He said one woman remained in the hospital with severe head trauma.

Anderson said alcohol was a factor, but no charges have been filed. The investigation could take two weeks to complete.

There is no speed limit on Lake Anna. Jet skis and wake boarders are not supposed to be on the lake after dusk.

[asphaltgambler]

Also agreed about supposed no clearance lights on other boat, bow or stern. - but since he was drinking and had a speed boat the prosecution roasted him on the stand. Seemed everyone forgot about the contributing negligence at that point acccording to him.......

[asphaltgambler]

Yes - I believe that is the accident - but there was a woman on the other boat - other than that sounds like it is the one

[Zeke]

The judgement is in. Why re-try this on PPOT? I guess the guy deals with it. End of story.



It's not even news.

[HardDrive]

Trying to feel bad for the guy.....but....

[Rick Lee]

Oh, I don't feel sorry for him at all. I think he should have been hammered with the harshest DUI/BUI rap and penalties available. But the injured parties should not be able to collect anything in a civil suit. They put themselves in the position that led to their injuries. If I were riding my bicycle against traffic at night with dark clothes and no reflectors on, the drunk who eventually hit me should get a DUI, but I shouldn't be able to sue him.

[KFC911]

Originally Posted by asphaltgambler

...It is about dusk/almost dark. They idle out just past the no wake zone and he hammers it. Just anbout time the boat is on plane he sees another boat parked in the middle of the channel, no lights on, fishing. He cannot steer clear in time and t-bones - runs over the other boat w/4 people on board......

I've got a bass boat that will do mid-70s (and that's FAST on H2O imo), so even if your buddy hadn't been drinking, putting the hammer down with limited visibility is downright stupid and foolish (even moreso after drinking)...and there's a saying about a fool and his money. No sympathy whatsoever for your "friend" gambler, but I do have a lot of sympathy if it's affecting you. Be well...

[Mr.Puff]

Originally Posted by rick lee

oh, i don't feel sorry for him at all. I think he should have been hammered with the harshest dui/bui rap and penalties available. But the injured parties should not be able to collect anything in a civil suit. They put themselves in the position that led to their injuries. If i were riding my bicycle against traffic at night with dark clothes and no reflectors on, the drunk who eventually hit me should get a dui, but i shouldn't be able to sue him.

+1.