Boat Accident Reconstruction and Litigation, Third Edition

Author: Roy Scott Hickman, Michael M. Sampsel ISBN 10: 1-936360-02-0 ISBN 13: 978-1-936360-02-4 Copyright Date Ed:  November 8, 2011 Pages: 512 pages Binding Information: Casebound Size: 6 ✕ 9 Inches (US) This updated and revised edition has even more information to help you understand the complexities of boating accidents. In this edition are expanded chapters on boat accident reconstruction, an entirely new chapter on skipper responsibilities, and updated information recreational boating law. Whether you are a beginner or experienced litigator or any expert dealing with a boat accident, the information contained in this excellent resource will save you hours of research time hunting through less complete texts and online services. If you are a lawyer or an accident reconstructionist, this book will help you find appropriate data, analyze it, and determine cause in a boat accident. The book is a compendium of information useful in litigation dealing with activities in and on the water. The third edition of Boat Accident Reconstruction and Litigation covers everything from the way boats function to how they are designed. It introduces you to fluid mechanics and explains the numerous formulae and other methods used to analyze boat accidents. It even includes an extensive series of appendices of useful Coast Guard regulations and rules. This book is also available as an eBook. Click here to purchase and download: Topics include Swimmers and personal floatation devices Major boating accident case citations Safety equipment Transportation and marina issues Personal watercraft and types of boats Maritime law Accident reconstruction Alcohol Product liability issues Water skiing The attorney-expert relationship Skipper responsibilities and more Table of Contents Chapter 1: Introduction Chapter 2: Nautical Terminology 2.1 Introduction 2.2 History 2.3 Basic Terms 2.4 Boat or Accident Drawings 2.5 Glossary Chapter 3: Boats and Boat Operation 3.1 Recreational Boating 3.2 Buoyancy 3.3 Hull Shapes and Behavior 3.4 Center of Buoyancy and Stability 3.5 Manually Powered Boats 3.6 Sailboats 3.7 Sailboards 3.8 Swimmers and Surfers 3.9 Powerboats 3.10 Types of Engines 3.11 Personal Watercraft 3.12 Powerboat Safety Equipment 3.13 Human Factors 3.14 Weather 3.15 Dams 3.16 Boat Operation A. Introduction B. Getting Started C. Boat versus Automobile Operation D. Boat Motions E. Education and Licensing of Operators Chapter 4: Personal Watercraft 4.1 History 4.2 Terminology 4.3 Hull 4.4 Propulsion 4.5 PWC Design 4.6 Rental Market 4.7 Stability 4.8 Operation 4.9 Accidents and Injuries 4.10 Laws and Regulations Chapter 5: Introduction to Recreational Boating Law by Jeanne-Marie D. van Hemmen and Sterling Stires 5.1 Introduction 5.2 Maritime Law 5.3 Admiralty Jurisdiction A. Tort Claims B. Maritime Contracts 5.4 Practical Implications of Admiralty Jurisdiction 5.5 Substantive Areas of Maritime Law of Interest to Recreational Craft Litigators A. Standards of Care 1. Passengers 2. Seamen 3. Navigation Rules 4. The Federal Boat Safety Act B. Burdens of Proof—The Pennsylvania Rule C. Maritime Strict Product Liability D. The Shipowners’ Limitation of Liability Act E. Personal Injury and Wrongful Death Damages 5.6 Procedural Maritime Law Remedies of Interest to Recreational Craft Litigators A. Maritime Liens and In Rem Liability B. Rule B Attachment 5.7 Sources of Maritime Law 5.8 Conclusion Chapter 6: Accident Reconstruction 6.1 Investigation 6.2 Inspection of Boats 6.3 Location of the Accident 6.4 Collisions 6.5 Propeller Information 6.6 Sinking 6.7 Explosions and Fires 6.8 Electrical Accidents 6.9 Reenactments 6.10 Modeling and Computation 6.11 Summary Chapter 7: Alcohol 7.1 Legal Limits on Intoxication 7.2 Blood Alcohol Content 7.3 Alcohol and Boating 7.4 Summary Chapter 8: Product Liability Issues 8.1 Injuries 8.2 Sinkings 8.3 Propeller Strikes 8.4 Slips and Falls 8.5 Miscellaneous 8.6 Summary Chapter 9: The Role of Fluid Mechanics 9.1 Introduction 9.2 Nature of Fluids 9.3 Hydrostatics 9.4 Dimensional Considerations 9.5 Moving Boats and Fluids 9.6 Nondimensional Parameters 9.7 Simple Fluid Mechanics Considerations 9.8 Waves and Wakes A. Waves B. Wakes 9.9 Summary Chapter 10: Regulations and Safety Standards 10.1 Coast Guard Regulations 10.2 Personal Flotation Devices (PFDs) 10.3 Fires and Fire Extinguishers 10.4 Backfire Flame Arrestors 10.5 Ventilation 10.6 Exhaust System and Noise 10.7 Lights 10.8 Navigational Range Lights 10.9 Fog Signals 10.10 Buoys 10.11 Red Right Returning 10.12 Navigation Systems 10.13 Lighthouses 10.14 Anchor Lights, COLREGS and Inland Navigation Rules 10.15 Whistles and Horns 10.16 Illegal Equipment 10.17 Speed Limits 10.18 Federal Regulations A. Background B. Scope and Definitions C. Steering and Sailing D. Right-of-Way E. Maneuvering F. Inland Rules 10.19 Safety Standards or Recommended Practices 10.20 Safety Standards 10.21 Accident Reporting Chapter 11: Personal Flotation Devices and Fire Extinguishers 11.1 Personal Flotation Devices (PFDs) 11.2 Fires and Fire Extinguishers 11.3 Summary Chapter 12: Trailers, Marinas and Harbors 12.1 Boat Trailers 12.2 Marinas and Docks 12.3 Summary Chapter 13: Skin and Scuba Diving 13.1 Snorklers and Skin (Free) Divers 13.2 Scuba Diving 13.3 Equipment Issues 13.4 Types of Diving 13.5 Summary Chapter 14: Water-Skiing and Towed Water Rides 14.1 The Towed Device 14.2 Water-Skiing 14.3 Equipment and Skiing 14.4 Water-Ski Safety and Responsibilities 14.5 Signaling 14.6 Speed Limits 14.7 Forces on Towed Objects 14.8 Laws Affecting Towed Devices 14.9 Summary Chapter 15: Carbon Monoxide Poisonings 15.1 General 15.2 Physiology of Poisoning 15.3 Sources of Carbon Monoxide 15.4 Properties and Characteristics of Carbon Monoxide 15.5 Buildup of Carbon Monoxide 15.6 Designing for CO in Boats and Warnings 15.7 CO Detection Systems 15.8 Investigating an Alleged Carbon Monoxide Poisoning 15.9 Summary Chapter 16: Miscellaneous Topics 16.1 Introduction 16.2 Diver Down Flag 16.3 The Drowning Mechanism 16.4 Temporary Night Blindness 16.5 Use of Statistics in Design Defect Analysis  16.6 Parts Usage Data 16.7 Large Block V-8 Engines 16.8 Engine Repairs and Maintenance 16.9 The American Boat and Yacht Council 16.10 National Marine Manufacturers Association 16.11 Boating Industry Status 16.12 Internet Resources 16.13 Summary Chapter 17: Skipper Responsibilities 17.1 Introduction 17.2 Duties and Responsibilities Quotations 17.3 Discussion 17.4 Towables 17.5 Summary Chapter 18: Comments on the Attorney-Expert Relationship 18.1 Introduction 18.2 Tests for Expert Testimony 18.3 Finding and Hiring the Expert A. Finding the Expert B. Fees and Contracts 1. General considerations 2. Contingent fees 3. Pro bono work 18.4 Working with an Expert A. Involve the Expert B. Meetings with Experts C. File Preparation and Organization D. Tips for Working with the Lawyer 18.5 Depositions A. General Considerations B. Video Depositions 18.6 Dealing with Opposing Experts A. The Role of Your Expert B. Deposing the Opposing Experts 18.7 Trial A. General Considerations B. Qualifying the Expert C. Arguments Concerning an Expert Witness’s Opinions D. Cross-Examining the Opposing Expert Witness 18.8 Tips for Experts A. Ethical Considerations B. Testifying at Trial 18.9 Summary Appendix A: Selections from Title 46, U.S. Code Appendix B: International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) Appendix C: Inland Navigation Rules Appendix D: U.S. Coast Guard Operating Regulations, Operating a Vessel while Intoxicated Appendix E: Selected U.S. Coast Guard Regulations Appendix F: Useful Publications on Boats and Boating Appendix G: Boating-Related Organizations