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In the days that followed the accident, Tyler was in and out of surgery and lay in a hospital bed in between operations. Cleve Ford, owner of Dargel Boats Inc. The flats boat is defectively designed and unreasonably dangerous, the Twardowskis maintain. Laddie Livingston, a Houston lawyer representing Waypoint Marine and P3 Aquatics, the dealership that sold Todd the boat, told the Houston Press he has directed his clients not to comment on pending litigation. All of the parties responded to the lawsuit with general denials of responsibility.
However, despite what Cleve Ford says, critics say there have been numerous issues involving various makes and models of tunnel vee boats. They insist the real issue is the Texas flats boat design, not the people running the boats.
The U. Coast Guard, charged with dealing with problematic boat designs, oversees safety regulations but maintains that builders are responsible for making safe boats, as noted in a Coast Guard boating safety circular issued earlier this year.
This approach has led to an industry in which, for the most part, the manufacturers supervise themselves. No one else will step in. Over the years, the Twardowskis spent countless hours on the water together.
Danny, the superintendent of Waller ISD, and Linda, a dental hygienist, raised their kids to hunt and fish. He saved for years to buy the boat designed to move easily through the shallow waters along the Texas Gulf Coast. He chose the model, designed the layout of the storage chests and had the hull painted lime green, dubbing the vessel Spooled You.
Danny had heard that tunnel vee boats could swap ends, but Todd checked with the dealer when he placed his order, and was told that was an issue only on smaller crafts. When the boat arrived, in November , Todd took the family out on Corpus Christi Bay, even though it was freezing outside.
Danny or Todd would sit at the console and drive while Tyler sat on the bench stationed directly in front of the console. Todd ribbed him about throwing it back, and their mom, Linda, snapped photos and texted them to Danny. Tyler had the fish stuffed, and it hangs on the wall in his bedroom today. Before June , they spent hours on the boat, tooling through the shallow water near Corpus Christi, and there was never a hint of trouble.
It never occurred to anyone that this could be a problem, Todd says now. But Steve Hicks, a marine master technician with Meeks Marine in Kemah, says the flats hulls are known in the industry for sliding on the water and going into spins.
Since then the Coast Guard has overseen manufacturing and safety regulations. Then, the proposed regulation must be backed up by statistics proving a nationwide issue and approved by the National Boating Safety Advisory Council.
Basic concepts, such as requiring children to wear life jackets, have been authorized, but more complicated issues, like whether all boats should be required to have propeller guards, were ultimately scrapped. The Coast Guard is also stretched too thin to be more of a presence in the recreational boat industry. In a November report, Coast Guard officials told the federal Government Accountability Office that they were regulating only certain aspects of the recreational boat industry because they were shorthanded.
Manufacturers are left to police themselves. At the same time, the states cannot create any safety regulations more strict than what the Coast Guard has on its books, and they are prohibited from enacting any rules about manufacturing, because those regulations would cross state lines.
But Ford says the recreational boating industry already labors under substantial regulations from the Coast Guard. It goes back to usually there is a separate issue, other than just the boat at fault. The boat whirled on the spot and the force tossed the San Antonio teenager into the water. There was a sharp thud as the propellers hit her. The driver, Robert Copeland, dove off the boat and pulled Kali from the water, but she never regained consciousness. Gorzell went online and appealed to people for information about any similar incidents involving Texas flats boats.
He got a flood of similiar stories about tunnel vee boats abruptly swapping ends the same way. Gorzell went to the state. It did. Jones went to Maryland to observe the testing. Each vessel was equipped with remote controls so the engineers could conduct the tests without having to be on the boat.
The engineers put the boats through their paces, running them over the water in ten-minute stretches, recording how each vessel handled hard turns at up to 25 mph � routine maneuvers for most craft, according to the CED Technologies report. When the speed increased, the boats tended to slip a little, losing traction. Once the engineers added pounds of weight on the bow, the vessels began to skid over the water.
The bow dipped below the water while the stern briefly became airborne, the propeller blades spinning furiously as the back end slammed down. The movement looked almost graceful on the water, but instruments placed on the craft recorded g-forces that would tug people toward the center of the boat before slamming into them, and throwing them out unless they could find something to hold onto.
The center of gravity on these boats is farther forward than in most hull designs, so when weight is placed on the bow, by passengers or gear, the crafts become increasingly likely to launch into unexpected tight turns, the report observes.
Considering how quickly the boats lurched out of control, the severity of the spins, the lack of handles or railings, and the low height of the gunnel, the boats are too dangerous to be on the water without serious alterations and warnings posted on the vessels, according to the report.
But the Coast Guard disagreed. The Coast Guard report argued the vessels simply should not be doing hard turns at 25 mph or faster. A review of ten years of national boating accident data found the Texas flats hull design was involved in accidents out of more than 48, accidents reported.
Since then the Coast Guard has issued two boating safety circulars, sent out to more than 2, boat manufacturers across the country, discussing the concerns with Texas flats boats and its conclusions, and announcing boat makers may voluntarily place warning stickers on their boats. The Coast Guard also advised that placing a stabilizing fin on the back of boats can help keep them from spinning.
Lisa Novak, a spokeswoman for the Coast Guard, says this is enough of a warning. In an instant the boat careened out of control and whirled sharply on the spot. Alvarado tumbled into the water and his left thigh was sliced open by a propeller. In the ensuing investigation, it was found that the boat was equipped with an engine that exceeded the U.
Investigators found the boat had a history of fishtailing on the water. However, a game warden in Orange County, which later used the boat, refused to use the boat again after he was almost thrown out of it twice. Documentation shows each time the boat changed hands, it was accompanied with a clear warning about its dangerous past. Sabine County game wardens received the same caution. State investigators went to Ford, the current owner of Dargel Boats Inc.
Ford blamed the problems on the previous owners of Explorer boats � Ford bought the rights to Explorer hull designs in In March , thenyear-old Michael Dominguez, of San Antonio, was tossed out of a flats boat when his father made a sharp turn, according to the Texas Parks and Wildlife accident report. He required skin grafts. Point, click, and have your new dream boat in your driveway before you know it!! Make WeldBilt.
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