Lawsuit Filed Against Boat Driver Alleges He Was Drunk, Gave Teens Alcohol
A lawsuit has been filed against the driver of a boat who was allegedly drunk at the time of a deadly crash. A dozen people were injured when a boat struck a channel marker ejecting everyone on board. The driver of the boat was celebrating his daughter’s birthday at the time. Both he and his wife are named in the lawsuit. They are accused of negligently operating the boat and being drunk at the time of the accident. They are further accused of supplying teenagers with alcohol when the crash occurred.
The ensuing accident left a 17-year-old girl dead, and the plaintiff alleges that she has suffered permanent disability because of her injuries. She has since filed a 35-page lawsuit against the couple.
Elements of negligence
Anyone who has ever been in a car accident before knows that it is difficult to blame a stationary object for an accident. The driver has a duty of care to ensure that they avoid stationary objects. In the case mentioned above, the boat driver struck a channel marker which led to death and severe injury. The defendants have no real defense to the plaintiff’s claims that they are liable for her injuries. The boat driver had a duty of care to ensure that everyone aboard the boat was safe. Instead, they drank alcohol and failed to spot a stationary object in the water. They will likely be charged with manslaughter for the death, boating while intoxicated, and causing serious injury while boating while intoxicated. In other words, criminal charges are likely to stem from these allegations. They can also be charged for giving teenagers alcohol.
Boating accident statistics
2022 was a safer year for boaters in terms of the overall number of boating accidents. However, the number of fatal boating accidents actually went up over the same period. There were 735 boating accidents in 2022 which was 16 less than the number recorded in 2021. However, there were five more fatalities, a total of 65 recorded in 2022. The leading cause of death was drowning after falling off the boat. 81% of the victims were not wearing life jackets at the time of the drowning.
Boating under the influence (BUI)
Boating under the influence of alcohol is illegal in Florida. The laws follow closely those related to driving under the influence. A boater is considered intoxicated if their BAC is over .08. In the case mentioned above, the boat driver refused a breathalyzer test. The plaintiffs contend that this was in order to conceal the fact that he was under the influence of alcohol at the time. The law for boaters is similar to drivers. There is an implied consent rule in effect for those who boat.
Talk to a Tampa, FL Boat Accident Lawyer Today
The Matassini Law Firm represents the interests of those who have been injured in boating accidents. Call our Tampa personal injury lawyers today to schedule a free consultation and we can begin discussing your path to recovery immediately.
Source:
local10.com/news/local/2023/03/21/lawsuit-boat-driver-drank-gave-teens-alcohol-before-deadly-crash-in-biscayne-bay/
