Featured News 2012 Define the Law: Recreational Hunting Accidents

Define the Law: Recreational Hunting Accidents

All throughout the United States, hunting activities are an enjoyable recreational activity. Unfortunately, this much loved pastime can result in serious injuries and even fatalities. Recreational hunting accidents are a tragic, yet relatively common occurrence. On December 31, 2011, a Massachusetts State Trooper shot a 66-year-old woman near her home when he mistook her nearby dog to be a deer. The man was using a black powder rifle and the sun had just set when he caught a glimpse of tan fur through the trees. His shot targeted an elderly woman in the abdomen as she was walking her dogs on a woodland path. Cheryl Blair, the victim, is now being treated at a local hospital. The shooter, John Bergeron, has not been charged with any crimes, but is still being investigated.

According to the International Hunter Education Association, about 1,000 people are mistakenly shot by hunters every year in the United States. Approximately 100 of those accidents result in death. While some hunters may be able to avoid charges for their accident, others, particularly those that caused the death of another person, can face grave charges. One example of this occurred recently in Texas, where three men have been taken into custody when their stray bullets wounded two middle school students. The men were using deer rifles and claim that they mistook the boys for deer in the distance. Other hunters, hikers, observers and local residents can all fall victim to a hunting accident, whether at close range or a far off distance.

These accidents can occur due to a number of situations. First of all, bad visibility can result in a hunting accident. If you have bad eyesight, you should always wear contacts or glasses when you are hunting. As well, low visibility times, such as night time, sunset, or sunrise are not good times to hunt. Any time when the sun provides a glare that obstructs your visibility, you should wait before shooting. Never mix alcohol and hunting, as this can blur your vision. If you are fatigued, you should not keep hunting, as this can also obstruct your view.

Another danger is the gun itself. Many people will toggle the trigger on their gun, unaware that it is loaded and the safety is off. This can result in serious consequences. Make sure to always leave your gun unloaded when not actively hunting and keep the safety on between shots. Ricochet bullets also constitute a significant number of the hunting injuries in the United States. In a recent case, a hunter's bullet bounced off a rock with such force that it injured his partner in the leg.

In almost every hunting accident, the shooter will be held liable for the injury or death of the victim. If you are an avid hunter, it is important that you have a valid hunting license and make sure to only hunt for particular game when it is in season and during the correct hours. If you do not observe your state hunting laws, these actions could be held against you in court. Violating laws, such as times to hunt, hunting seasons, proximity rules and more may result in charges for negligent homicide, unintentional assault or criminal negligence. These verdicts can come with extreme punishments. In Maine, for example, assault while hunting is a class D misdemeanor and results in fines up to $2,000 and jail time up to one year. It is imperative to practice cautious hunting, to avoid the emotional, financial and physical trauma of hunting related injuries.

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