You are out with your friends on a boating trip. You’re swimming and fishing and enjoying yourself until some rowdy drunk person get careless on the lake and there is a boating accident with injuries. Sound fare fetched? You wonder how boats can collide on a lake, well just ask delegate Don Dwyer. You remember Delegate Don Dwyer right, he’s the guy that was drunk on his boat and drove his boat right into another boat on Maryland’s waterways causing serious injury to a family that was out the water way enjoying their day together as a family. Unfortunately, this delegate thought that it would be a good idea to consume alcohol and have a blood BAC limit over .20. This drunken state resulted in his boat colliding with another boat. Subsequent to this offense taking place the same delegate was subsequently arrested for another DUI charge on Maryland’s roadways. Needless to say, he will be spending some well deserved time in jail as he should. Perhaps the time away from alcohol will be good for him.
Boating collisions happen due to careless, reckless and sometimes drunk drivers. Accidents like this result in severe injury and loss of life. Needless to say recreational boating should be taken as a serious matter such as when driving or riding in any other vehicle. When an accident does occur however, now is the time the defendant’s insurance company gets involved and does two things. First, if the liability of the accident is clear, the will accept liability so that the public thinks they are doing the right thing. The second thing they will do is fail to meet their responsibility as to damages, thereby making it appear as if the injured party is being unreasonable in their damage claim. This is a new strategy that the defense has begun employing over the last several years. Admit liability wherever possible, but deny the payment of damages to the jury thinks it’s the plaintiff that is being unreasonable. This strategy, along with the tort reform ads all over the air ways is compelling to win the hearts and minds of Joe public and get juries to think a certain way about any personal injury claim, a negative way.
It is important that trial counsel be familiar with these defense techniques and be prepared to combat this strategy in case preparation and in court. Too many lawyers don’t even want to go to court. They are afraid of the time investment, or the money investment and won’t fight, or they just aren’t comfortable in the court room and therefore will accept any old settlement, despite it not being in your best interest.
At Robinson and Associates, we are acutely aware of the defense bar trial tactics and we will fight for you in court! We know what they are going to do before they know what they are going to do and plan for it, embrace it. Then we turn it around so that juries can see the nefarious tactics the defense uses to attempt to get over on the American public.