Commercial Real Estate Broker Faces Charges After Deadly Boating Accident
A commercial real estate broker is facing charges after a boating accident turned deadly, according to a recent news article. The incident occurred in the Florida Keys. The broker is facing two charges of recklessly driving his boat, boat misdemeanors. The parents of the decedent are upset at the light charges and seem likely to file a lawsuit against the real estate broker for his negligence. A 17-year-old girl was killed in the boating accident and an 18-year-old was seriously injured.
A lawsuit filed by one of the victims alleges that the real estate broker was drunk at the time of the accident. However, he has not been charged with BUI as police could not establish that he was intoxicated while he was boating. They claim that the boat operator was serving alcohol to the teenagers and drinking himself. The boat struck a channel marker and ejected all of the teenagers off of the boat and into the water. One died and another sustained serious injuries as a result of the accident. The parents of the injured teen have filed a lawsuit against the real estate broker.
Understanding boat accident lawsuits
Boat accident lawsuits are similar to car accident lawsuits in a lot of ways. However, Florida rules do not require boaters to maintain boaters insurance. Instead, such claims can be filed against their homeowner’s insurance policy or a lawsuit can be filed directly against them. In some cases, the boater won’t carry liability insurance on their boat. This is when things can get a little harry. Having an insurance policy ensures that the injured parties will get paid for their injuries. In cases where you have to file suit directly against the other party, you hope that they have deep enough pockets to pay the damages award.
In this case, the parents will allege that the two adults aboard the boat were drunk at the time of the accident and failed to keep an adequate lookout. They struck a channel marker ejecting all of the people aboard the boat into the water. One was seriously injured. Another lost their life. Those two will be able to file a personal injury and wrongful death claim against the captain of the boat. They will allege that his negligent operation of the boat was the direct cause of the injury and death.
It remains unclear what defense the boat operator will offer for the charges filed against him. However, if he pleads guilty to reckless boating, that is tantamount to admitting that he was negligent in the personal injury lawsuits as well. The standard of proof in a personal injury claim is much lower than the standard of proof in a criminal case. So, evidence from the criminal case can inform the allegations made in a personal injury lawsuit.
Talk to a Miami, FL Boat Accident Attorney Today
Miami admiralty & maritime lawyer Michael F. Guilford represents the interests of injured boaters in boat accident lawsuits. Call our office today to schedule a free consultation and learn more about how we can help.