Articles Tagged with Jose Fernandez

A 20-year-old woman has been charged with two felonies and three misdemeanors related to a recreational boating accident she was involved in on July 15, when the boat she was operating ran out of control. According to news reports, Dominique Effinger lost control of the 21-foot boat after making a sharp turn at a high speed while intoxicated, resulting in ten passengers being thrown into the water of Lake Gage, Indiana. The passengers were seriously injured, including one arm amputation and one passenger skull fracture. Prosecutors have filed five charges against the driver which includes felony charges of operating a boat while intoxicated resulting in serious bodily injury and operating a boat with an alcohol concentration of at least .08 resulting in serious bodily injury.

indiana-300x222This was sadly not the only deadly boating accident we heard about that weekend. In Tampa, Florida, on July 16, two passengers were reported thrown from their boat when the boat was turning. One of the passengers were killed as a result of the accident.

As a maritime lawyer handling boating accidents in the state of Florida, I am too often reminded of the sad fact that our state is one of the leading states for boating fatalities in the country. According to the Florida Fish and Wildlife Conservation Commission, in 2016 alone, there were 67 fatalities reported as a result of boating accidents. Some gain more notoriety because of the occupants of the boat, such as the fatality involving the well-known Florida Marlin pitcher Jose Fernandez, who died in a boating accident along with two other occupants when the boat struck an extended jetty located in Miami Beach, Florida, in the early morning hours. Investigations revealed that the boat was being operated by Fernandez, who was intoxicated and had used cocaine earlier that night.

MIAMI, Florida– We previously reported about the tragic accident that took the life of star baseball pitcher José Fernandez of the Florida Marlins in September. Also killed in the boating accident were the two men on the boat with Fernandez, Emilio Jesus Macias and Eduardo Rivero. Macias was a banker, and Rivero, a sales representative at Carnival Cruise Lines. While Rivero was a friend of José Fernandez, Macias had just met Fernandez for the first time a few hours before the fatal boat accident. In our last report in October we had mentioned that the families of Macias and Rivero had hired attorneys. Over the past week, both families filed suit against Fernandez’s estate.

rock-jetty-1408334-300x225At the time of the crash, Jose Fernandez’s career was blossoming. In fact, it is reported that he was scheduled to sign a $30 million contract which would have taken place sometime shortly after the date he was killed in the boating accident that happened in Miami Beach Florida, when a high-powered boat he owned crashed into a jetty that was extended out of the government cut.

The initial reports on the accident discussed how this particular area had been involved in prior accidents because the rocky jetty protruding out of Government Cut is not easy to observe at night as there were no lights on it, and is often hidden by the water and waves. The reports discussed the failure to have provided appropriate lighting based on the dangers in the prior reported incidents. The channel for the boats to operate in actually avoids the jetty, but if someone were taking a shortcut approach, the jetty is easy to strike if you are not aware of it because it is so difficult to see. Soon after the incident, it was reported that the star baseball pitcher had actually been drinking and had cocaine in his system. This was a shock to the sports world and of course very damaging to the reputation of this star baseball pitcher.

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It has been less than a month since the shocking death of Miami Marlins star pitcher Jose Fernandez, who died in a horrible recreational boating accident when the 32-foot powerboat he was a passenger in crashed into a rocky jetty off Miami Beach. Fernandez’s two friends, Emilio Jesus Macias and Eduardo Rivero, both from Miami, also died as a result of the crash. The U.S. Coast Guard found their boat turned upside down on the north jetty of Government Cut,  a channel that connects the Atlantic Ocean into Biscayne Bay of Miami.

Although it had been reported that the boat was traveling at a high rate of speed, the accident that occurred at night has now resulted in a federal agency investigation into whether or not the jetty and surrounding areas should be better marked and lighted.

According to a Miami Herald article, the federal agency is sending out a survey to boaters asking their opinions about the sufficiency of the markings and lighting in the area. The protruded jetties are very difficult to observe at night time, and since the tragic death of Fernandez and his friends, several boaters have come forward and voiced concerns about the lack of lighting. Although there has been no reported deaths such as the three deaths in the Fernandez boat crash,  there have been other incidents involving close calls with the jetty.

baseballA baseball star, and soon-to-be father, 24-year-old Jose Fernandez, described as one of the best pitchers in Major League Baseball, lost his life due to a boating accident that occurred in Miami, Florida, on Sunday, September 25.

So far, reports indicated that the boat was traveling at a high rate of speed and hit the jetty rocks at Government Cut off of Miami Beach, causing the 32-foot Sea Vee Center Console Fishing Boat to flip over. Three bodies were recovered by the United States Coast Guard when they responded to reports of debris that was seen floating. Baseball star Fernandez is believed to have died from the impact of the crash, not from drowning. In a news release this afternoon, the Florida Fish & Wildlife Commission stated that Fernandez was the owner of the boat that crashed, killing him and two of his friends, Emilio Macias and Eduardo Rivero. The operator of the boat at the time of the crash is still under investigation.

It has been reported that it is difficult to see this jetty at night, which is low to the water. There is no lighting to identify it. However, the authorities have stated that the boat has been seen frequently traveling past this area.  Of course, at 3 AM, it is easy to lose your bearings, and at a high rate of speed there is even more of a chance of not observing the exact location of this jetty.

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