Austin, TX (Law Firm Newswire) October 14, 2016 – Cedar Creek Reservoir is noted for its bridges. It was one of those structures that left a boater dead on a recent Friday evening.
The bridge involved in this boating accident was the middle three of the 198 bridges that spanned north Cedar Creek Reservoir. Built in 1965, the clearance under it was roughly 5 feet if the lake was sitting at its normal elevation. Currently, the lake is down about three-quarters of a foot at the reservoir location. Other bridges in the same area that have been revamped now have a 20-foot clearance above the lake’s usual level.
The bridge that the boating party struck is slated for replacement, but not until the spring of 2018 due to lack of available funding.
Anthony Henegar, Daniel Mohorc and Larry Scala, the alleged boat operator, struck the bridge while boating with family and friends. While Henegar survived and is expected to recover, Mohorc died at the scene. Police arrested Scala on the suspicion of boating (driving a watercraft) while intoxicated (BWI). Residents in the area told police the bridge has no posted warning signs about the low clearance and no lights.
“Things don’t get much worse than an accident like this one,” said Bobby Lee of Lee, Gober & Reyna, Austin boating accident attorneys. “A group of boaters out for the day enjoying the water and the weather, not realizing they were approaching a bridge that was much lower than others in the area. If the pilot was BWI, it becomes a matter of negligence and recklessness on his part, something that may come up in a possible wrongful death lawsuit.”
It is important to note that if an individual operates a watercraft on Texas waterways, the operator has consented to be tested for drugs and/or alcohol if arrested. If the pilot refuses to take the tests, the refusal may result in a suspension of that person’s driver’s license for at least 180 days.
The fines/penalties for boating while intoxicated are:
· First conviction – fine up to $2,000 and/or up to 6 months in prison
· Second conviction – fine up to $4,000 and/or 12 months in prison
· Third conviction – fine up to $10,000 and/or 2 – 10 years in jail
Do not drink and go boating. It is just that simple. The lives saved may be those of friends and family.
To learn more, visit http://www.lgrlawfirm.com
Lee, Gober & Reyna
11940 Jollyville Road #220-S
Austin, Texas 78759
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