aznphil Posted August 6, 2013 Report Posted August 6, 2013 Hi, just want to share my experience to everyone here, while summer is in full swing and everyone is out enjoying the lake. PLEASE be ATTENTIVE and SAFE when on the water. Yesterday while out on a Kawartha lake 3 of us rented a 14ft boat and were fishing outside the channel, some 200m away from the channel marker. We were stationary, motor off, standing up fishing. At the last second my friend, who was on the bow, spotted a 18ft Bayliner speeding at 45km/h in a direct collision course to our stern, where I was. We were jumping and waving and at the last second I realized he wasn't stopping so I jumped. When I surfaced there was chaos as the bow of their boat breached up on to our stern, sinking our boat. We bailed and towed the boat back and that's when I saw how their bow dented the INSIDE of our boat, and their hull which destroyed the bench where I was sitting. We escaped with minor injuries. If there was ever a miracle this is it.
Angler management Posted August 6, 2013 Report Posted August 6, 2013 (edited) Wow! I thought that only happened in movies! Glad u made it out of that one, how in the HECK did he not see you??? I would be beyond ticked off! Edited August 6, 2013 by aplumma
quickme Posted August 6, 2013 Report Posted August 6, 2013 what the hell!! Good news is that you were able to post this report and we didn't have to hear about it on the news! How can they not see you guys?
Sinker Posted August 6, 2013 Report Posted August 6, 2013 This same thing happened to a buddy of mine a few weeks ago on rice lake. Never leave it to anyone else but yourself to be safe. You need eyes on the back of your head some days. I'm glad everyone is ok, and I hope the idiot in the other boat got nailed to the fullest. S.
Angler management Posted August 6, 2013 Report Posted August 6, 2013 I imagine u would have to be completely polluted to be able to pull off a stunt like that!
lew Posted August 6, 2013 Report Posted August 6, 2013 It's just plain scary how some guys operate boats with no clue of what's going on around them. Good to hear everyone made out OK
ccmtcanada Posted August 6, 2013 Report Posted August 6, 2013 WOW!!! Did the other boat stick around? What was his excuse? Glad to hear you guys were ok....assuming your buddy jumped out of the boat as well?
mercman Posted August 6, 2013 Report Posted August 6, 2013 With all the weekend warriors out there churning up the water, i'm surprised we don't see this more often. Glad you are ok, i'd have him charged with operating a motor craft while being stoopid !!!
Sinker Posted August 6, 2013 Report Posted August 6, 2013 I'm curious whether the driver was charged or not. What would the charge be? Careless? DUI? My buddy that got hit settled on shore. I never would have settled. These guys need to learn a lesson. They even had a cooler full of beer in the boat!!! I will never understand how these things happen. Scares the hell out of me thinking about it. The real scary part is I was out this weekend fishing with 3 kids under 11 in my boat. Imagine if that dipstick had hit us??? I think I'd be the one in jail once I got a hold of him!!! It really makes ya think doesn't it? S
aznphil Posted August 6, 2013 Author Report Posted August 6, 2013 thanks for the reply everyone. Today I'm still shaken but far better than yesterday, which was full of shock and trauma. I had basically 3 seconds to decide not to be in tomorrow's headline. At least today I am able to talk about it. Their boat had an older man (driver), his wife, their son, and the son's family of 4 w. 2 kids under 6 I would say. Once on shore the driver admitted he didn't see us (obviously), but was not sympathetic about it. Kinda like a "it happens son" attitude. OPP charged him with careless boating ~$400, so the cost of my phone which is now underwater with the rest of my gear (fishfinder and trolling motor). "Never leave it to anyone else but yourself to be safe." - best advice period.
quickme Posted August 6, 2013 Report Posted August 6, 2013 thanks for the reply everyone. Today I'm still shaken but far better than yesterday, which was full of shock and trauma. I had basically 3 seconds to decide not to be in tomorrow's headline. At least today I am able to talk about it. Their boat had an older man (driver), his wife, their son, and the son's family of 4 w. 2 kids under 6 I would say. Once on shore the driver admitted he didn't see us (obviously), but was not sympathetic about it. Kinda like a "it happens son" attitude. OPP charged him with careless boating ~$400, so the cost of my phone which is now underwater with the rest of my gear (fishfinder and trolling motor). "Never leave it to anyone else but yourself to be safe." - best advice period. That's all he got?!?!?!?! That's nothing if you ask me. The guy was probably trying to show off to the family. I was on the Trent river this past weekend with LOTS of boating traffic with my family ( wife, 5 year old and 3 year old). If this happened to me I would of been on the news. He should have his boating operator license suspended for 5 years to teach him a lesson. Nick
aplumma Posted August 6, 2013 Report Posted August 6, 2013 Glad to hear you are safe and unfortunately lost some equipment. I hope you get compensated for it. I would like to urge everyone to keep an eye out for all boats especially ones over 20 ft. Once you get into boats of that size the boats that are not on a solid plane have a large blind spot when the bow is riding high. This is not an excuse for them to not know what is in front of their boats just a heads up if you can't see the drivers face pretend he can't see you and take action. I also carry an air horn on any boat and will sound at another boat that gives me any indication they don't see me. Art
aznphil Posted August 6, 2013 Author Report Posted August 6, 2013 i hope i get compensated as well, but my concern is with my friend's dad who may miss work and have to see doctor/physio. Speaking of which anyone have experience taking a boat accident related claim to court? Or am I better off calling an attorney?
Bill Shearer Posted August 6, 2013 Report Posted August 6, 2013 For sure start the process at least with a lawyer that deals with this area of law. They are not cheap, and even if it doesnt go to court he/she will get you far more than if you try it yourself. Remember the insurance company you will be going up against will have their lawyers to try and tie you up. Very slow process. Let the lawyers deal with it. FWIW IMO
FloatnFly Posted August 6, 2013 Report Posted August 6, 2013 wow.....glad you made it out safely, what did the rental company have to say?? im sure they will be pressing charges as well. i would definitely be pressing charges beyond what the pig patrol gave him
Flippin-Jig Posted August 6, 2013 Report Posted August 6, 2013 The Personal Injury Alliance that you hear advertised on the radio are just about the best personal injury lawyers in Ontario. Give them a call. They all work on contingencies. If you/they settle, they get a percentage of the settlement and there are no other fees to pay.
northernpike56 Posted August 6, 2013 Report Posted August 6, 2013 yes, scary stuff, glad to hear you're okay. I'm also curious as to what the process is after you're in an accident, if anyone would care to tell me. Also, did you save your fishing stuff, or will you go through insurance to get it refunded?
davey buoy Posted August 6, 2013 Report Posted August 6, 2013 If no boat insurance,what happens and who pays?. Glad things worked out,meaning your OK.
northernpike56 Posted August 6, 2013 Report Posted August 6, 2013 Sorry, didn't see that you lost your gear and iPhone, do you have insurance to cover that, or would you be paying out of pocket?
Andy Posted August 6, 2013 Report Posted August 6, 2013 (edited) I would consider contacting the supervisor of the investigating officer and ask why the other operator wasn't charged criminally with dangerous operation. Lives were put at risk and, at least in my mind, running into and sinking another boat that is out of the channel at a high rate of speed may cross into operation "in a manner that is dangerous to the public" and "constitutes a significant departure from the standard of a reasonably prudent person." Quotes from a Criminal Code. The supervisor may have a reasonable explanation why a Careless was laid. I know the standard for Dangerous Operation of a Motor Vehicle is quite high, but it wouldn't hurt to ask. Glad you are ok. Andy Edited August 6, 2013 by Andy
chris.brock Posted August 7, 2013 Report Posted August 7, 2013 wow, crazy story, fishing can be a tough sport on the Kawarthas, glad you're ok
Rod Caster Posted August 7, 2013 Report Posted August 7, 2013 wow, that makes me angry. What a meathead that guy is. "poop happens"? He endangered your life. Not sure how I would have reacted in that situation.
redpearl99 Posted August 7, 2013 Report Posted August 7, 2013 OP, I am an attorney and I highly suggest you contact a lawyer. What area are you located? Were you or the other party insured?
woodenboater Posted August 7, 2013 Report Posted August 7, 2013 (edited) Glad everyone is ok, all things considered. Dude should be on the hook, at minimum, for your phone, gear and ALL related medical expenses etc.. It's his attitude that really grinds my gears and am also surprised he wasn't hammered harder. Edited August 7, 2013 by woodenboater
bassfighter Posted August 7, 2013 Report Posted August 7, 2013 (edited) Tell the fellow that he has to pay or you will take him to court plus other expenses including your time and gas money, you will not lose on this case, ensure you have extra copy of the OP ticket, include a list of all items that was lost, plus your time and gas, make sure you bring your friend along during court appearance as witness. I know it is a hassle, but he was negligent regardless if he has no intent of hurting someone. Being Negligent is punishable by fines in our court system. Court would like to always know that you were willing to settle out of court, but defendant did not care of taking responsibility, which gave you no choice but to go to court . He does not stand a chance. He even endangered everyone in his boat. the more the court will support you! Edited August 7, 2013 by bassfighter
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