Written by Steven Bagen
BUI, or boating under the influence, is responsible for a staggering number of arrests, accidents and deaths in Florida every year. It’s a significant crime and you should avoid it.
Hitting the water in your boat with a supply of your preferred beverage for an afternoon of fishing, skiing or swimming is a very popular thing in Florida. And because the state doesn’t outlaw drinking while boating, it’s become very common, as well. However, like driving a car, there are consequences to operating a boat under the influence. What should you know about these consequences?
Pulled Over
Just like Florida’s highways, law enforcement officers patrol the state’s waters. One of their jobs is to ensure that boats are safe and being operated correctly, including checking for drunk boaters. However, unlike the situation with cars on the road, law enforcement officers have no need for “reasonable suspicion” before pulling over your boat. That means you can expect to be pulled over at pretty much any time for a safety inspection (you’ll be checked for sobriety at the same time).
Know the Limits
Fist, you are correct that Florida does not prohibit drinking while operating a boat. However, just like driving on the highway, there is a legal limit. If your BAC (blood alcohol content) is greater than .08, you can expect criminal charges. BUI is a crime and one that the state takes very seriously. Every year, there are accidents and fatalities in the world of boating, and 1/3 of those are related directly to alcohol use.
Know the Punishments
BUI punishments might not be quite as steep as those for DUI, but they are present and you need to know what they are. You’ll find that the severity of your punishment is determined largely by your how serious your infraction is, but punishments include fines of $250 and up, and jail time of up to 6 months. If there are previous alcohol-related charges in your past, you can expect much more severe consequences (including jail time of up to 5 years). Finally, if there is a death involved in the incident or there are personal injuries, authorities can escalate your crime from a misdemeanor to a felony.
For those who have been the victims of BUI, having an expert law firm on your side is vital and can help ensure you receive the recompense you are due.
Posted in Boating Accidents by admin : January 28, 2013 - 8:25pm | No Comments »
Written by Steven Bagen
Renting jet skis is a great way to ensure you have an afternoon of fun on the water. However, there are some potential problems here that can have a dramatic effect on you.
Spending a day on the beach and enjoying Florida’s beautiful waters is always an enjoyable experience. Renting Jet Skis has become a popular pastime on the state’s beaches, as well. They’re fast, compact, require no license to operate and are widely available throughout the state. However, before you decide to rent from any company, there are some things that you’ll need to know.
1. Always research a company’s reputation first. This can be difficult to do, particularly if you’re visiting the state. However, you can inquire with the hotel or resort staff about any company in the area and find out if they’re recommended or not.
2. Consider renting from companies affiliated with where you’re staying. If you are staying with a hotel or resort, chances are good that there’s a Jet Ski rental company affiliated with them. Rent from this company rather than a third party.
3. Double-check the rental agreement. Sometimes, rental agreements can hide fees and charges, as well as things like who is responsible should something happen to the equipment. Make sure you fully read the rental agreement before you sign it.
4. Always inspect a Jet Ski before you rent it. Never assume that equipment is in good condition. Always check out any equipment you’ll be renting before you pay the vendor. If the vendor objects, you know that you need to find another company.
5. Know your limits. Jet Ski rental companies don’t usually give you carte blanche to travel wherever you want. Make sure you know what your limits are in terms of distance and locations before you leave the vendor.
6. Safety equipment matters. Make sure that the vendor supplies every person who will be on the Jet Skis (including passengers) with a modern life vest. If the company doesn’t supply life vests, consider renting from another one instead.
7. Be safe and follow the rules. Jet Skis are enormous fun, but the can be dangerous. To avoid the need for a lawyer in the future, make sure that you follow all the safety rules and regulations regarding these machines while you’re out on the water. If you’re unclear on safety and operating procedures, ask the rental company to explain.
Posted in Boating Accidents, Personal Injury by admin : January 15, 2013 - 8:41pm | No Comments »
Written by Steven Bagen
A fishing trip turned deadly Tuesday morning when an airboat capsized in the Rodman Reservoir.
The 64-year-old operator of the boat was killed in the accident, Florida Fish and Wildlife Conservation Commission spokesman Joy Hill said. His 50-year-old fishing companion received minor injuries.
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Posted in Boating Accidents, News, Serious Accidents & Injuries by admin : March 27, 2012 - 5:19pm | No Comments »
Written by Steven Bagen
Technology has undoubtedly changed the world we live in. If you want to communicate with your friends as to your day or your plans that night, you more often than not use a social networking site as means of getting the word out. However, your social networking of choice could also be your biggest obstruction when you decide to pursue a personal injury claim.
Guard Your Privacy
When you are putting together a personal injury claim, it’s important to understand that anything private can be made public easily. The defense will stop at nothing to tear down your case. Oftentimes, you can expect to have different parts of your life presented in a court of law that you thought were behind you or were guarded by privacy settings. In recent years, courts have considered whether the information and photographs posted on websites like Facebook must be disclosed. In many situations, the injured party may be obligated to provide the contents of their Facebook account, including those sections that are categorized as private.
Keeping Your Case and Your Facebook Separate
Here are a few tips to ensure that your social media profile stays out of your personal injury case.
- Disable all social media accounts – When you go into your initial consultation, your personal injury lawyer will advise you to disable all social media accounts. Your blog, your social media accounts, and any other internet medium that allows you to publicly interact with others.
- Search for yourself – Use a search engine to perform a search on yourself. Type your name into a search engine to see what is available online in terms of your background and your past.
- Monitor your friends’ activities – Keep an eye on the posts and topics your friends are discussing online. View location check-ins, comments, and photos to ensure that your name remains private and you’re aware at all times of what is being said about you online.
Why It’s Important
From jury selection to settlements, social media is playing an intricate role in how cases all over the Nation are being developed. Although some courts are attempting to ban social media from entering the courts, it is impossible at the rate that social networks are growing.
Rachel Wade vs. the State of Florida
Rachel Wade is serving a 27-year prison sentence for the murder of her romantic rival, Sarah Ludemann. The two were fighting over Joshua Camacho, a 19-year-old, who was dating both girls at the same time. Wade, who was 19 years old at the time, blames social media for her conviction. Rachel Wade used the social networking website MySpace to threaten Ludemann. Her threats toward Ludemann may have inevitably resulted in her guilty conviction.
According to Rachel Wade’s attorney, Jay Herbert, “There was an incubation period in which the case percolated and verbal and malicious threats went back and forth both ways between the two girls,” Hebert told AOL News. ”The entire relationship played out in either a MySpace forum or instant communication back and forth, and that just led to a [much] heightened, very volatile [situation].”
It took a jury less than three hours to convict Wade of murdering Ludemann.
Social Media in Other Trials
Here are some other documented examples of how social media usage has played a part in recent court proceedings:
- A juror posted details of a case on her Facebook page then polled her friends on how the case should be decided.
- A Maryland juror looked up the definition of a word on Wikipedia one night after deliberations.
- A New York juror requested a witness to be her Facebook friend after one day of deliberations.
- A California defendant’s girlfriend tampered with a juror through MySpace.
It is scary but true, anything you post online can be used against you in a court of law. If you’re a plaintiff in a personal injury case, speak to a lawyer today about what you need to do to protect your privacy and ensure you receive the most unbiased case possible.
Posted in Bicycle Accidents, Boating Accidents, Burn Injuries, Bus Accidents, Car Accidents, Catastrophic Injuries, Construction Accidents, Defective Products, Dog Bites, Medical Malpractice, Medication Errors, Motorcycle Accidents, News, Nursing Home Abuse, Pedestrian Accidents, Personal Injury, Personal Injury Attorney(s), Personal Injury Law, Premises Liability, Serious Accidents & Injuries, Slip & Fall, Speeding Accidents, Spinal Cord Injury, Traumatic Brain Injury, Truck Accidents, Wrongful Death by admin : June 21, 2011 - 3:30pm | No Comments »
Written by Steven Bagen
When you’ve been injured in a slip and fall, a car accident, or any type of personal injury incident, you’re probably feeling overwhelmed by the chaos and flurry of emotions.
With all of the confusion, it can be easy to lose sight of the proper steps to take next. However, if you have been in an accident, then it is essential that you follow these steps to ensure you have a solid case. Here are 7 things you need to do when you’ve been injured in an accident.
Secure the scene. When an injury occurs, the first thing you must do is prevent any further danger while you wait for help. Drag injured persons away from danger, move away from unstable debris, or put out any fires.
Call for assistance. As soon as the area is secure and any visible dangers have been removed, call for help. The sooner help arrives, the better your chances of survival and lessening the severity of long-term effects of your injuries.
Apply first aid. Accidents and injures occur everyday and those who are unprepared to handle them are often the ones who suffer the most. Keep a first-aid kit on you at all times to assist in times of crisis. Begin CPR, put pressure on bleeding wounds, and stabilize broken bones. Stay calm and ensure that all panicked parties remain stable as well.
Record details. Once emergency personnel have arrived and the threat of immediate danger has dissipated, it’s time to record as much information as possible about the situation and the accident. Take pictures, jot down details, and record the time sequence of the accident. No detail is too small and you would be surprised what information will assist law enforcement, paramedics, and doctors.
Get a medical evaluation. Even if you think you were fortunate enough to walk away from an accident, you may be surprised at the invisible, internal injuries you may have suffered. While you may feel fine, a severe injury may present itself within hours or even days.
Be honest. During your medical evaluation, tell the medical staff that your injuries may result in a personal injury lawsuit. Why? Every doctor and nurse should chart as if each case may be presented in a court of law. However, in mentioning the possible action prior to an exam, it will prompt the staff to spend a few extra moments documenting important details and verifying records.
Contact a personal injury attorney. When you’ve been injured in an accident and you’ve taken the necessary steps to protect yourself and the scene, the last step is to contact a personal injury attorney. The attorneys at Steven A. Bagen will provide you with a free consultation to help you decide whether you have a case.
Posted in Bicycle Accidents, Boating Accidents, Burn Injuries, Bus Accidents, Car Accidents, Construction Accidents, Dog Bites, Motorcycle Accidents, Nursing Home Abuse, Pedestrian Accidents, Personal Injury, Personal Injury Attorney(s), Personal Injury Law, Serious Accidents & Injuries, Slip & Fall, Speeding Accidents, Spinal Cord Injury, Truck Accidents by admin : June 20, 2011 - 12:31pm | No Comments »
Written by Steven Bagen

When you’ve been seriously injured in an accident, it can be a scary time for you and your family. There are so many questions, not enough answers, and too little time to decide what to do next. One of the first steps to getting your life back is to know when to call in a personal injury attorney to assist you in your case.
You’ve been told by a doctor that you’re seriously injured. If your injury has ultimately led you to the hospital and a medical professional has deemed your injury serious, then it’s time to call a personal injury lawyer. Just because you may be covered by insurance, does not mean you should trust they have your family’s best interest at heart. If you are losing time from work and you can not get the recovery you deserve, then it is time to bring in a qualified personal injury attorney. An attorney will work with your insurance company and the other parties involved to ensure you have less to worry about as you recover from your traumatic injury.
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Posted in Bicycle Accidents, Boating Accidents, Burn Injuries, Bus Accidents, Car Accidents, Catastrophic Injuries, Construction Accidents, Dangerous Drugs, Defective Products, Dog Bites, Medical Malpractice, Medication Errors, Motorcycle Accidents, Pedestrian Accidents, Personal Injury, Personal Injury Attorney(s), Personal Injury Law, Serious Accidents & Injuries, Slip & Fall, Spinal Cord Injury by admin : June 1, 2011 - 2:00pm | No Comments »