Wrongful Death Claim Disputed in Fatal Boat Accident

Posted by Jeremy Rosenthal | Aug 14, 2017 | 0 Comments

David Dyer was operating a speedboat recently that was in a collision with a bass boat which killed Danny Phillips and Shawn Lanier on Lake Murray in South Carolina. Dyer survived and denies acting in a negligent manner when the crash occurred. The family for Lanier filed a wrongful death claim against Dyer citing reckless operation of the boat and for failing to assist those aboard the other boat when the accident occurred. Meanwhile, Dyer has filed a claim against the Phillips' estate, the driver of the other boat. The S.C. Department of Natural Resources investigated the accident and found Phillips to be the driver at fault. Dyer's attorney, David Collins, firmly denies that his client acted negligently.

Captain Robert McCullough was on the scene after the accident and conducted sobriety testing on Dyer, determining he was not impaired. He administered the nystagmus eye test, which he feels is the most accurate test. The toxicology tests revealed that Phillips had alcohol and marijuana in his system at the time of death; however, it appeared that the alcohol level would have been below the threshold for operating under the influence charges.

Dyer's claim states that Phillips and his passenger failed to maintain a proper lookout, were traveling too fast, and failed to have their navigational lights on. Dyer claims to have incurred mild injuries and emotional suffering. The complaint requests that the Lanier family suit be dismissed and that a judgment against Phillips' estate be entered.

Colorado Boating Accident Information

  • There are approximately 85,000 vessels registered in Colorado
  • Alcohol and/or drug usage in involved in roughly 13% of boating accidents
  • The three most common reasons for boat collisions are reckless operation, driver inattention, and dangerous behavior of others
  • About 40% of those fatally injured in a boat accident are not wearing a life jacket and 75% of those individuals died from drowning
  • Approximately 89% of those operating boats in the state have not completed a boater safety program     
  • Roughly 91% of those operating a boat when an accident occurs are male

The Colorado Boating Statutes state that boat operators involved in an accident shall render assistance to others impacted in the event, if it can be done without serious danger to themselves or other parties. This assistance is intended to save and protect others in a reasonable manner. Parties must provide their name, address and boat identification number to other parties.

Civil claims for liability from negligent actions that result in injuries are common among those operating cars, trucks, motorcycles, boats, bicycles and more. The Law Firm of Jeremy Rosenthal has spent years pursuing justice for accident injury victims and families who have lost loved ones in wrongful death incidents in Colorado. Contact the office today at (303) 825-2223 for a free consultation.

About the Author

Jeremy Rosenthal

Attorney Jeremy Rosenthal is dedicated to helping his clients seek just compensation for their injuries regardless of the lengths he has to go to or the distances he may have to travel in order to get it.

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