Key West Injury Lawyer Blog
A speeding boat gunning for hundreds of swimmers and kayakers participating in a local event in Islamorada Saturday was stopped by a Florida Fish and Wildlife Conservation Commission helicopter.
“From our angle, he was the only thing stopping that boat from going across all of those people,” Capt. Matt Bellinger, a local fishing guide who was on the water that day, told reporters with Florida Keys News.
The driver of the boat, identified as 55-year-old Thomas Michael Reichert, of Naples, Florida, was charged with boating under the influence, possessing spiny lobster tails and operating a boat in a safety zone, local news outlets reported Wednesday. Reichert is alleged to have 12 wrung tails on board, a second-degree misdemeanor.
Had it not been for the FWC pilot, Bellinger told local reporters, “a mass casualty disaster would have occurred.”
An FWC report detailing the day’s events described the 36-foot, 300-horsepower, four-engine boat as “barreling” toward the swimmers who were participating in the annual Swim for Alligator Lighthouse event. The 8-mile, open-water swim began in 2013 and draws hundreds of participants to the area every year. The fees for the swim support the preservation of the lighthouse as well as scholarships for high school students.
Reichert is alleged to have barreled toward the swimmers despite being chased by a U.S. Coast Guard boat and an FWC boat, both blaring their sirens. He was stopped approximately 15 to 20 yards away from the swimmers when the helicopter flew in to block his course.
Florida Law and Crash Data
Just as with driving a car on the road, it is illegal in Florida to operate a boat while under the influence. Anyone who violates this law is guilty of a misdemeanor and can be sentenced to six months or fined at least $500 but not more than $1,000 for first-time offenders. Second-time offenders can be fined at least $1,000 but not more than $2,000 and can be sentenced up to nine months.
Operating a boat in a safety or security zone is a first-degree misdemeanor in Florida, however operating a vessel into one of these designated zones after being warned not to can result in third-degree felony charges, per Fla. Stat.§ 327.461.
Divers-down flags are meant to alert approaching boaters that there are people in the water. When in open water and spotting one of these flags, boaters must operate at idle speed within 300 feet of the flag. When in waters such as rivers, inlets and navigational channels, boats must operate within 100 feet of the flags.
In annual crash data from the Florida Fish and Wildlife Conservation Commission, the 2023 numbers pitted Monroe County as having the highest number of accidents and injuries on the water. The county totaled 87 accidents with three fatalities and 62 injuries. Crashes with fixed objects remained the leading accident type with a total of 182 of the 659 total crashes in the state. About 15 accidents resulting in seven deaths involved human-powered crafts such as paddleboards, kayaks and canoes. In fatal accidents happening for that year throughout Florida, about 83% involved boat operators with no formal boating education.
Past Cases
With one of three offices in Florida located in Key West, an area that draws in thousands of tourists and native Floridians alike annually, Leesfield & Partners has extensive experience when it comes to accidents on the water. Attorneys with the firm have represented clients and their families in a myriad of cases of accidents on the water including personal watercraft and or boat crashes.
In a Leesfield & Partners case involving the tragic death of a 20-year-old woman, attorneys secured over $1.3 million for the woman’s family. In that case, the woman was a passenger when the boat she was on crashed into a concrete dock at night. She was flung into the water and died. Attorneys with the firm established that not only was the driver speeding in low visibility but he had also been drinking the night of the crash.
In a crash involving a boat and a jet ski, attorneys with the firm secured $935,750 for the injured client.
A wrongful death case involving a man and a Florida boat tour company resulted in a $575,000 recovery for the grieving family.
Recently, Bernardo Pimentel II, a Leesfield & Partners Trial Attorney, secured the maximum capped settlement on behalf of the family of a man killed when he was hit by an FWC vessel.
The firm also previously handled the horrific death of a minor snorkeling when he was hit by a boat driven by another child, a 6th-grader, going full-speed. Though divers-down flags were prominently displayed, the teen boater did not slow down or stop. He went home, attempted to cover up evidence and later lied to police. Neighbors testified in court that he had been known to drive the vessel recklessly in the past.
The case was settled by Leesfield & Partners attorneys for $1.7 million.
Leesfield & Partners attorneys also handled a case in which a minor’s leg had to be amputated due to negligent supervision of boating activities. The firm secured a substantial settlement for that minor’s injuries.
If you or a loved one was injured on the water in Florida, don’t wait. Call a Leesfield & Partners attorney today for a free consultation at 800-836-6400 or 305-854-4900.
