A recent news article from Fox 4 News discusses a fatal boating accident that occurred in Cape Coral, Florida where one child was killed and another child was seriously injured. This particular crash occurred at around 9:30 a.m.Authorities say the accident involved a family of four that was traveling to Key West on the boat for Memorial Day weekend. They were traveling on a 32-foot fishing boat at the time of the deadly South Florida boating accident. The accident occurred when the boat crashed into a bridge.

When the boat crash occurred, one passenger, who was a 12-year-old boy, was killed instantly. His 10-year-old brother was seriously injured in the crash and was transported by Medevac helicopter to a local level-one trauma center, where he was treated and listed in critical condition. His 72-year-old grandfather was operating the boat at the time of the crash and was taken to a local hospital, as was the children’s father. The two adults are not believed to have life-threatening injuries. It should be noted that there were no formal accusations of negligence in connection with this deadly boating accident.

As our Fort Lauderdale boating accident lawyers have seen in many cases over the years, many people are injured on boats they do not own. Most of time, they are on someone else’s boat when the accident occurs. The means that the only recourse will be to file a claim against the boat owner who was at-fault in the accident. While there are certainly some cases where two boats crash into each other, and those cases are treated similar to car accident lawsuits, many boating accidents involve only a single boat.

There are a variety of ways an accident can happen, but they often involve the boat operator crashing into a fixed object, other vessel, or operating in such a negligent way that injures a skier or person being towed on an inner tube. We also have seen cases where the boat operator allows a child to ride on the bow of a boat, and the child falls off the boat. This can result in a drowning accident or the victim being hit by the boat or propeller, resulting in serious personal injury or death.

While it may not be ideal to have to file a claim against the boat operator, who is likely a friend, that is likely the only source of recovery. It is also good to know that you are not really suing that person as much as filing a claim against that person’s boat injury liability insurance company.

Unless the boat owner is willing to accept personal responsibility and pay for any and all damages, including medical bills, cost of rehabilitation, lost wages, and other types of special damages, then filing a claim is often the only way to go. There are very few situations when the at-fault party offers to pay out of pocket.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Boat crash in Cape Coral leaves 1 child dead, 1 injured, May 27, 2017, By Danielle Francis, Fox 4 News

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According to WFTV-9, two others are in critical condition while Simmons’ 18-year-old surfer/ model daughter suffered a broken femur. The boat belonged to Simmons, who was not on the boat and said it was taken without his permission. The group was celebrating the teen’s boyfriend’s birthday, according to witnesses.

Arrested with causing serious injury while boating under the influence was 45-year-old Krystyna Vitiello, Simmons’ ex-sister-in-law. Per F.S. 327.35, a person is guilty of boating under the influence if he or she operates a vessel while either under the influence of alcohol or drugs or with a blood-alcohol level of 0.08 or higher. If the person commits BUI with serious bodily injury against another, it’s a third-degree felony, punishable by up to five years in prison.

Authorities say two men on board suffered life-threatening injuries and were transported to a nearby hospital.

Investigators with the Florida Fish & Wildlife Conservation Commission (FWC) told the media speed may have also been a factor in the boating accident. Initial reports are that the 22-foot SeaDoo boat smashed into the dock just after midnight.

A nearby resident was quoted by local news sources as saying the dock and peninsula is a swampy area, and it can “sneak up on you” if you aren’t aware that it’s there or if you’re trying to navigate through the area at night without lights.

When the boat crashed into the dock, it became lodged along the seawall and caused extensive property damage too.

Simmons reportedly owns a home on that lake, but it’s not his primary address and it was not clear if he was there at the time of the accident. Lake Maitland is a popular Central Florida boating spot, and it’s one of the few in the area with a public boating ramp, though it is surrounded by luxury homes. It also connects to a number of nearby navigable canals.

Simmons stated Vitiello has never taken the boat out previously that he is aware of.

Simmons’ daughter underwent surgery. It’s not clear what the health status is of the other two victims, both young men. Authorities said one man had “obvious facial injuries” and another was unconscious and bleeding when help arrived, shortly after a nearby homeowner called 911.

Vitiello said she had been driving the boat previously, but someone else was operating the vessel when it actually crashed. Whether that will make a difference in her criminal case remains to be seen.

As far as liability for personal injury, this case could be a bit tricky. Certainly, a case could be made to hold Vitiello liable for negligent operation of a vessel (if indeed she was the one at the helm). However, holding the boat owner (Simmons) liable would be tougher because he stated he did not grant permission to those on board. That could complicate insurance coverage of the accident as well.

Vitiello was previously arrested for driving under the influence in 2006, but later pleaded no contest to reckless driving.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Sen. David Simmons’ daughter hurt, her aunt arrested in boat crash, April 5, 2016, By Stephanie Allen, Orlando Sentinel

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Hughes v. Farmers Auto Ins. Ass’n. – Per-Accident Insurance Limits, April 8, 2016, Fort Lauderdale Boating Accident Lawyer Blog