Occassionally hunters become the victims during hunting trips. Getting shot while hunting is certainly not something that occurs at a rampant rate, but statistically it does occur every year. In fact, there are generally 800 non-fatal hunting accidents and 100 fatal annually.
When considering the massive amount of hunters nation-wide (appx 20 million), it can be said that hunting is generally safe. Of course, many accidents are unreported because people are not aware of their legal rights. They are often confused about the causes and ramifications of hunting accidents. This article is here to help.
First we must analyze frequent causes of accidents. Then we will look at reliable methods for increasing safety. Finally we will investigate your legal rights if you find yourself in the unfortunate position of dealing with a hunting accident.
Frequent Causes of Hunting Accidents
Even though every incident is unique, there are some common causes of accidents that should be identified.
1. Failure to Properly Identify a Target. There is an extremely exciting moment during hunting when you first see some movement in the distance. You think to yourself 'this is it!' Unfortunately some folks get over-excited and start shooting before they recognize what exactly they are shooting at. Sometimes a rustle in the woods is actually a fellow hunter who has chosen not to wear the blaze orange hunting gear. Remember, as stated above, that there are 20 million annual hunters out there all tracking the same kind of animal for each season.
2. Shooters Swinging on Game. Especially pertinent for bird hunting, swinging on game is when a hunter uses an arc pattern combined with spreadshot in order to shoot over a wide area. Sometimes the arc can get too big and encompass fellow hunters (this is especially true when shooting at game on or near the ground).
3. Negligent or Careless Handling of Firearms. Firearms require constant care and attention. Sometimes hunters get too 'relaxed' with their weapon and begin either waving it around or simply not maintaining a proper eye on where it is pointed. Accidents, in the truest sense of the term, occur when guns are not attended to properly.
4. The Victim is Out of Sight of the Shooter.the forest is thick, no doubt about it. Despite proper preparation and caution, incidental shootings happen. Spreadshot weapons increase the odds of getting caught in the line of fire.
Methods For Improving Your Chances of Accident Avoidance
Many accidents can be prevented by good preparation and etiquette. Here are some common ways you can improve your odds of success during your excursions.
1. Get Properly Educated. You may like the classroom, you may not. Either way, this is one occasion where you should bite the bullet (no pun intended) and attend hunting safety classes. You may be thinking 'I know all about gun safety - look, I just turned the safety on', but there is a lot more to it than that. A good class can make you an educated and safe hunter.
2. Dress Intelligently. The more visible you are to the human eye, the better your chances of not falling victim to one of the above causes of injury or death. Do not hesitate to wear the blaze orange that is so iconic for hunters, especially if you think you are going to be in a highly hunted area.
3. Establish Good Communication. Figure out a method of communicating and locating the other members of your hunting party. A surprisingly large number of hunting accidents occur between family members and friends who have gone out together.
4. Be Diligent With Good Safety Habits. It may be tempting to cut corners or get a bit lazy when it comes to gun safety and maintenance, but don't fall into that trap. Be cautious where the gun is pointed at all times and never point it at anyone playfully.
5. Stay Level Headed. Don't let excitement carry you away. Always try to stay cool and never fire without being sure of what you are firing at. Furthermore, do not let your judgment become impaired by alcohol or other substances.
6. Alert Other Hunters To Your Presence. Hang an orange streamer or vest from the tree you are either shooting from or underneath. This will give other hunters fair warning that any activity or rustling they hear coming from your area is likely not game.
Legal Rights For Those in an Accident
Accidents range all the way from minor injuries to death. Here are some examples of accidents that can occur:
1. Shrapnel From Spreadshot.If someone is shooting near or above you, it is possible to get hurt from the falling debris.
2. Direct Impact From a Bullet. No confusion here - this is when you get shot by another hunter.
3. Fall From a Tree Stand. Sometimes it isn't another hunter who is at fault, but a manufacturer. If you are certain a tree stand failed from design and not your construction, you might have legal rights.
4. Alcohol-Related Incident. If there is alcohol or drugs related to an accident, that can drastically alter the status of your case.
5. Assault and Battery. Disagreements can happen and sometimes it comes to blows.
6. Other Unforeseen Events.
Hunting accidents can be complex as insurance companies get involved and 'he said this / I say that' occurs due to the lack of witnesses. It can be an uphill battle trying to get compensation for hunting accidents on your own. Find a good specialist attorney in your area that will provide you with a free consultation.
