BUFORD, Ga. — A 59-year-old man was killed and a woman was seriously injured when their boat was struck by a 21-foot ski boat in Lake Lanier off East Bank Park early Sunday morning.

Stephen Blake Jones of Duluth was killed, according to the Georgia Department of Natural Resources. The woman’s name has not been released. She remains hospitalized with injuries.

The occupants of the second boat, Steven Parker, 32, and Ashley LeBlanc, 30, both of Cumming, swam from their damaged ski boat to shore and flagged down a motorist for help. Parker and LeBlanc were treated at a local hospital and released.

Gwinnett County firefighters responded to the scene after receiving a 911 call from a driver who was flagged down on Buford Dam Road.

According to fire officials, Parker and LeBlanc were crossing the lake just after midnight when they struck Jones’ pontoon boat in the water.

Rescue Boats from the Georgia Department of Natural Resources, the U.S. Army Corps of Engineers, and Forsyth Fire Department began searching for the second boat.

The Gwinnett Police Aviation Unit began searching for the boat from the air.

Thirty minutes into the search, crews discovered Jones’ body in the water.

Hours later, firefighters found the second boat in the Shoal Creek area of the lake near East Bank Park.

The boating accident is believed to have occurred approximately 200 yards from the face of the dam back toward Lower Overlook Park inside Gwinnett County, according to fire officials.

Investigators from the Department of Natural resources are now going over the two boats to determine who or what is at fault for the fatal accident. Their Critical Incident Reconstruction Team is in charge of investigating accidents on state waterways. They will look at gauges, safety light bulbs, and send away for blood tests.

This is the third fatality on Lake Lanier this year, according to Mike Burgamy of the Department of Natural Resources. He is the Lake Lanier Supervisor.

“It started earlier this year, typically we don’t start seeing this many accidents until after the first holiday weekend, that being Memorial Day,” Bergamy said.

Investigators would not say whether safety lights were on or drugs or alcohol were involved in this case.

Boating Accident Personal Injury and Wrongful Death Liability

The most common boating accidents are collisions with other boats, sinkings, capsizings and boat disappearances.

Boating accidents occur very quickly and in many different places.  Lakes, canals, rivers, intercoastal waterways and oceans are where tragedies normally occur.  Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.

According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 deaths.

Many times a boater will have been speeding or may have had too much alcohol.

There are specific boating laws that must be followed or fatalities can occur.  The Law Offices of Gary A Kessler is familiar with the different state’s boating laws.  We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.

It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others.  The most common boating accidents are collisions with other boats, sinking and boat disappearance.  Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.

Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner.  The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat.  The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.

Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others.  Owners may also be held liable under the theory of vicarious liability.  For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.

Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests.  The law and courts where the accident occured will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.

The laws regarding boating accident (drowning) cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The  wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident.  The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for the trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our atorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.

The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in both State and Federal Counts.