Have you ever been in a boating accident?

Vince_nj1

Active Member
TECHNICAL Contributor
Aug 25, 2008
1,819
North Barnegat Bay
Boat Info
2006 320 V-Drives 6.2s, Bow Thruster, Generator, Raymarine C80, Radar, Fish Finder
Engines
6.2 Horizons 320HP
I have. I actually have a few stories, but I will share the best (or worse) one first.

This happened to me sometime around 1998 I don’t remember the exact year. It was early in the boating season, I believe it was April, the water was still very cold. A few of my friends and I rented a house on a Barnegat bay on the Jersey Shore. It was a Friday night and there were 4 of us at the house. We had planned on taking my friends 30ft Sundancer to dinner and wanted to leave by 7:00 but one of the guys was running late and didn’t get to the house until after 8:00. When we left the house and was starting to get dark. We were headed to a restaurant on the Manasquan River in Point Pleasant called Clarks Landing. We needed to go through the Point Pleasant canal and then head East for about 1/3 of a mile towards the Ocean. When you leave the canal the channel runs about ¼ mile off shore from where the restaurant/marina is. I was driving.

I left the canal and got on plane for few seconds. I came off plane in the channel and started to turn right towards the restaurant. At that point I could see what looked like a twin engine center console boat leaving the marina at a very high rate of speed. The boat was about 1/8 of a mile away heading from my right to my left. Then suddenly the boat made a hard left and started heading straight towards me. I thought for a minute that it might be the state police and that maybe I shouldn’t have been on plane. At this point I was trolling with both engines in forward gear. The boat was headed straight towards me. If I was traveling form the number 6 to the 12 on a clock, the boat was coming towards me from the 10:00 position. As it got closer I realized that it wasn’t slowing down and was going to hit me. I slammed both engines in reverse (the boat had I/O’s with single controls). When I did this, the nose of the boat dropped down a foot or two and at the same time this other boat made a hard left and slammed off the front of our boat. The boat proceeded to head back to shore at full throttle then the driver slammed both engines into reverse at full throttle. I could hear the gears banging the engines flopping out of the water.

My knees were shaking, I couldn’t believe it. That boat nearly speared us at 50 MPH. The front of my friends boat was smashed, the spotlight was gone the anchor were gone.

Then we hear “Help. Help.. I’m in the water” I thought. Oh my God, someone’s in the water. This is going to be ugly. We pulled out the hand held spotlight and started searching and found this guy waving to us. I started backing the boat over to him and he reads the name on the back of the boat and says “Hey you fags are from Bayonne? Only fags live in Bayonne. Hurry up the waters cold. I’m drunk, I fell off my boat, hurry up fags”

I couldn’t believe it. We nearly got killed and this A-hole was in the water at night laughing at us and calling us fags. I was so pissed that I wanted to back over him. :smt013 I told my friend I’m going to run this piece of shit over and started backing towards him faster. My friend told me to calm down and pulled me away from the helm and shut the boat off. He said lets just wait for the police to arrive.

At this point I went to the back of the boat and told this A-hole that he was not coming on the boat. I told him I would throw him a fender to hold on to and he can stay in the water until the police arrived. He said it was too cold and that we was going to pass out. I told him to put a rope around his neck and if he passes out I would tie his head to the back of the boat. He said he was getting on the boat. He swam over the swim platform and pulled down the ladder and started to climb up. I grabbed the boat pole and stuck in his chest and tried to keep him from boarding. He grabbed the pole with one hand, bent it and pulled it in the water (I reallized then, that he was a pretty big guy). I then stuck my leg over and tried to hold him with my leg and he grabbed my leg. At this point I yelled to my other friends for help. My one friend finally came alive and went out on the swim platform and kicked the guy in the head, knocking him back in the water. Just then, another boat was pulling up and witnessed us throwing this a-hole back in the water. He swam over to them yelling "help me, help me, these guys are trying to kill me." They picked him up and he proceeded to tell them that we hit his boat and we were trying to kill him.

(I swear I am not making this up)

Shortly there after, the police arrived and spoke to the other boat first, and then approached our boat with their guns drawn. We tried to explain that he hit us and that we were the ones that called the police.

Right around this time, the 26 ft center console boat comes trolling back over. There was a 25 year old guy driving it wearing a business suit and he had his (very attractive) 22 year old girlfriend wearing dress with him. He told the police that he didn’t know how to drive a boat and he needed help. He said it wasn’t his boat and that the owner met them at the restaurant, offered to take them for a ride, then made a hard turn and fell over board. The boat was missing the right rear cleat and the entire side of the boat was torn away. (Our anchor caught his cleat and ripped the boat open).

At this point the police started to realize what happened and the started to believe us. Then then told the drunk guy he was under arrest, at which point he started to complain about chest pains and said he was having a heart attack. The police instructed us to go back to the station to file a report and they took the guy to the hospital on their boat.

It was some night… And we never got to eat dinner..
 
OK, how about chapter 2? What was the final outcome? Did the insurance company settle out of court or did it go to trial? How was blame assigned in the collision?

We hear lots of stories about boating accidents, but now we have a chance to learn from your first hand experience how it gets resolved legally and financially.
 
Thats where the story falls apart. My friend (boat owner) filed a claim with his insurance company and paid the deductible. Damage to his boat was around $8,000 and he didnt get the boat back until after July 4. He never pursued anything with the other guy.. He let his insurance company sue to recover the damages and several months later he got his deductible back... We never found out what happened to the other guy. (Jail time, drunk driving etc)

We did find out that the other guy actually owned 2 boats, and that the 26 footer was his 2nd boat.. His main boat was much larger.. For all we know he was a judge or a mayor of a local town and was let go.
 
An interesting situation with regards to the guy in the water.

You have a biligerent A**hole who simultaneously
1) is clearly in significant danger and in need of assistance (i.e. overboard at night, possibly injured)
2) is presenting a danger to you and your crew.

You chose to not let him board your boat. I am not sure how I would have handled this. I probably would have let him board (to my detriment). Wonder what others would have done?
 
Hard decision. Not sure I could answer it honestly without actually being there.
 
Not saying I would or would not have let him aboard, but I thought you had to give assistance if you could safely????
 
He did offer assistance, he threw him a fender.
 
Failure to render aid to persons in eminent danger make make you liable for any further injury.

The times we've been involved in situations like this (i.e. idiots in the water) we've helped them onto the swim platform and waited on the Marine Patrol or USCG to arrive. I'm supposed to help them, not entertain them, so they stay seated on the swim platform with a lifejacket on until the appropriate authorities arrive.
 
Assistance should have been a short rope attached to a brick. :lol: ...

Kinda like one of those old round rings that won't float any more:lol::smt043:lol: Now I know why I still carry it on the boat.:thumbsup:
 
Failure to render aid to persons in eminent danger make make you liable for any further injury.


That what I thought, but I still like the idea of the non-floating ring device for idiots like that.
 
Best to just knock them out and drag them aboard until the police come :grin:
 
As noted, I did offer assistance.. I offered a flotation device and then offered to keep his head above water in case he passed out. The police station was about 1 mile away in the canal, so I knew it wouldnt be long before they showed up. We were already on the phone with the police before we found him in the water.

Besides.. At one point the jackass bragged that could swim back to shore if he needed to and that he could swim for hours at a time. I'm sure the cold water would have shorten that time, but he defiently was a strong swimmer. He didnt seem stressed about being in the water. He was too busy being beligerent.

It occurred to me after the fact that the dumbass fell off his boat and didnt realize that his boat hit us and he nearly killed all of us, which explained why he thought it was joke..
 
How did you manage to keep your cool and not render assistance and bring him aboard..... then kick’n the crap out of him?
It was night time, no one else around…..
 
You should have offered him a flotation device AND some more beers until the police got there ;-)

"He didnt seem stressed about being in the water."

Cause he had a few too many is my guess...
 
Failure to render aid to persons in eminent danger make make you liable for any further injury.

The times we've been involved in situations like this (i.e. idiots in the water) we've helped them onto the swim platform and waited on the Marine Patrol or USCG to arrive. I'm supposed to help them, not entertain them, so they stay seated on the swim platform with a lifejacket on until the appropriate authorities arrive.

I am not sure about the law, but...

I don't think this would apply if you felt endagered by his agression and then once on the boat, his attack. I may be wrong but if some guy is talking trash about me, and he is in need of assistance, I would not offer assistance. By inviting him abourd your vessel, you are opening up you and your crew for possible harm. You are responsible for your passengers safety first off.


MJK
 
Back to your post...we have never been in an accident and I hope we, or anyone of you, never are.

Folks at our marina were hit head on by a bass boat, hit and run. Destroyed their cuddy cabin. Lucky for them nobody was hurt and there were witnesses on land.
 

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