Family files wrongful death suit after boating accident
A wrongful death suit was recently filed based on a 2012 boating accident that left one woman dead. The accident occurred when the boat driver launched the boat from the Harmony Station in Harmony Township, Pennsylvania and passed under the PPL railroad bridge, where he crashed into boulders in the river. The woman, along with the driver and another passenger, were thrown from the boat upon impact. The driver and other passenger made it to shore, but the woman was not as fortunate. Authorities found her body five days later and determined that she died from blunt force trauma.
Blood alcohol tests administered four hours after the accident show that the driver had a .09 BAC level. Experts believe that his BAC level was .15 at the time of the accident, which is well above the .08 legal limit.
The family of the woman has filed the wrongful death suit against both the owner and the driver of the boat. The owner of the boat allegedly knew that the driver had been drinking earlier in the day, but still allowed him to use the boat. The boat driver was named in the suit for his negligence and reckless behavior. The lawsuit states that the driver was negligent for driving the boat with a blood alcohol level above the legal limit and for speeding near the bridge. The lawsuit also mentions that the driver should have avoided that channel all together due to the low water levels and exposed rocks.
Meanwhile, the criminal case against the driver is still in progress and he will be back in court in early September. A judge recently found the statements he made to police and the blood alcohol test results admissible as evidence.
The family is seeking compensatory damages, punitive damages, and legal fees. While no amount of money will bring back their loved one, these damages may help them move forward from this tragedy.
Source: Lehigh Valley Live, “Family of woman killed in 2012 Delaware River boating accident files wrongful death lawsuit,” Matthew Bultman, July 1, 2014