EXCLUSIVE PHOTOS: Man Ran Over By Boat (1st hand account)

[Driven1]

OK, here is the story from CBS 47.  At the end, I will show you my corrections to the story.  I was there participating in the triathlon and ran over after the guy came out of the water.  My wife actually managed to get some shots of the boat...

Our cameras caught a small boat with no one at the wheel spinning out of control in the waters off Crescent Beach.

"That boat's been going for about a good mile,” said one beachgoer. “It's been doing circles.”

Witnesses told us the still out of control boat was the aftermath of a mid-day boating accident that sent one man to the hospital with serious injuries.

The day started with a Triathlon held at Marineland. It was being hosted by State of Mind Sports, Inc.

Witnesses say the driver of the boat, a lifeguard for the event, somehow fell off. The boat’s throttle was still engaged and it started to spin. Witnesses say that lifeguard actually headed back for the wayward boat to try and get it under control but that's when the boat ran over him and he was hurt by the engine's spinning propeller.

Rescue crews say the victim had severe cuts from the accident and was eventually taken to Halifax Medical Center in Daytona Beach. As of Sunday afternoon, his condition was listed as stable.

It would be some time before crews were able to get control of the boat and eventually take it out of the water.

http://www.cbs47.com/content/topstories/story.aspx?content_id=3c1fe8da-a61c-49d1-b541-91547ddfb693


OK, the real story is that yes, the lifeguard fell out of the boat (3 minutes before we were to start the tri).  So, we all look over and it is doing circles.  The lifeguard immediately came in and got out of the water.  He escaped unscathed.  And so there are about 150? of us standing on the beach watching this boat circle VERY SLOWLY, with the tide, from the area where we had to do a 1/2 mile (or 1 mile if you were doing the longer distance) swim in the ocean.  After about 10-12 minutes of watching this thing (it was delaying the start of the race), a couple of race participants decide to go out and try to time it just right and jump in the boat and save the day so we could get started.  It was crazy to watch them.  Unfortunately, the boat swung out of control on one of its revolutions and struck a 40-50 year old triathlete.  He was cut to the bone on his left knee and cut deeply on his right knee.  Had a minor abrasion on his left elbow and 4 fairly deep lacerations across the left-side of his abdomen.  On-site race participants who were paramedics stabilized him and wrapped his knees.  A cop arrived soon thereafter with some O2...took about 15 min for the paramedics to get there.  Paramedics indicated the guy will be OK long-term.  Race finally started at 9:00am. 

[Driven1]

oh yeah, btw... after I knew the guy was going to be OK, during the swim portion of the race, my mind was wandering back to the mind-numbingly ignorant (but of high entertainment value) position that a couple of posters on this forum were taking on that whole "kid's mom suing CSX" thing and how it might relate here. 

I guess the triathlete can sue the City of Crescent Beach and/or State of Mind Sports, Inc for his getting cut up by the boat motor, huh?

btw, the guy who was cut won the overall race a few weeks back here at Marineland - a good athlete supposedly - not a whole lot unlike that 17 year old football star.

[Driven1]

ran across this story from last month right here in Florida...looks like this guy we saw out at Marineland got really lucky.  the guy in the story below was killed when the boat propeller struck him...

http://www.nbc6.net/news/11164048/detail.html

MIAMI-DADE, Fla. -- An experienced scuba diver was struck by a boat's propellers and killed at Bill Baggs State Park on Saturday morning, police said.

Ricardo Araujo, 33, of Hialeah Gardens, was among a group of four or five people on a diving expedition from Fort Lauderdale to Key West, police said.

A spokesman for the Florida Fish and Wildlife Conservation Commission said the accident happened about five miles southeast of Cape Florida.

Authorities said Araujo and the other diver were free-diving from their 50-foot boat about 10 a.m. when the 76-foot Paradise Found passed over them. It's unclear how far the divers were from their own boat. Authorities said the divers were spear fishing.

Police said the victim was emerging from the water when the boat hit him. He lost a leg and died before he could be pulled from the water, police said.

The other diver suffered minor injuries, authorities said.

Family members said Araujo had been diving for years and was a fan of underwater fishing. He leaves behind a 7-year-old daughter.

[gatorback]

oh yeah, btw... after I knew the guy was going to be OK, during the swim portion of the race, my mind was wandering back to the mind-numbingly ignorant (but of high entertainment value) position that a couple of posters on this forum were taking on that whole "kid's mom suing CSX" thing and how it might relate here. 

I guess the triathlete can sue the City of Crescent Beach and/or State of Mind Sports, Inc for his getting cut up by the boat motor, huh?

btw, the guy who was cut won the overall race a few weeks back here at Marineland - a good athlete supposedly - not a whole lot unlike that 17 year old football star.

2 things here:

1) Go after the boat owner.
2) You signed a waiver right?  You're limited to the insurance policy by the event holders.

However, if you get a good old oily attorney, and could prove the event organizer failed to protect you, then you might be able to argue that the agreement you entered into included that they would protect you and if they didn't, you could probably get some more cash.

[Driven1]

i guess the problem may pop up if the insurance companies refuse to pay because they may say the guy should not have gone out there and they would question exactly how they are liable.  i know i would if i was an insurance company. 

[gatorback]

Was he wearing an event armband?  Usually, the deal with events is an area is set off in which you have to have an event armband to enter.  That area is what's covered by the policy and should be safe to everybody wearing a band.  A safety steward is a fault here I'm affraid.  He/she shouldn't have allowed anybody to enter the water.

[Driven1]

was he wearing an event arm band?  Usually, the deal with events is an area in which you have to have an event armband to enter.  That's what covered by the policy and should be safe to everybody wearing a band.  A safety steward is a fault here I'm affraid.

at these events, you don't wear armbands.  the only markings you have are where your race number is written in black marker on your arm and leg.  the area out on the beach is not marked off in any way.

[gatorback]

was there an entry fee?

[Driven1]

was there an entry fee?

yes...ranged from $45 to $65 (depending on date of entry) to participate in the race.  plus there was a $10 fee - the day of - if you are not a USAT (USA Triathlon) member.  i would assume USAT has insurance then too.  it was a USAT-sanctioned event.

[gatorback]

True true stephen.  I remember my local State Farm agent telling me about the plan wth Allstate and Sears after Andrew.  Sears wanted to pull Allstate out of Florida and our Insurance Commissioner stepped in said fine, "If you want to pull Allstate out of Florida, then close Sears down too."   I have a problem with insurance companies only taking the cream of the crop policies...the ones' that don't pay or don't pay to much.  Like Geico and the car/motor cycle only policies they issue.  Geico should be forced to write homeowner's policies as well.  Come on guys.

[Driven1]

True true stephen.  I remember my local State Farm agent telling me about the plan wth Allstate and Sears after Andrew.  Sears wanted to pull Allstate out of Florida and our Insurance Commissioner stepped in said fine, "If you want to pull Allstate out of Florida, then close Sears down too."   I have a problem with insurance companies only taking the cream of the crop policies...the ones' that don't pay or don't pay to much.  Like Geico and the car/motor cycle only policies they issue.  Geico should be forced to write homeowner's policies as well.  Come on guys.

i had my commercial P&C license for a while (actually still active i think)...there was talk of FORCING companies such as Geico to write property policies too, instead of just letting them partake of our lucrative auto ins. market only.  never did pass any kind of legislation, but it was being seriously considered.