What is The Leading Cause of Death in Boating Accidents in Florida? 

Boating is a beloved pastime in Florida, with its vast coastline, numerous lakes, and pleasant weather creating an ideal environment for water activities. However, this recreational activity can also present significant dangers. 

One critical question that frequently arises is: what is the leading cause of death in boating accidents in Florida? Understanding the answer to this question is crucial for promoting safety on the water and preventing tragic losses. 

What is The Leading Cause of Death in Boating Accidents in Florida? 

Drowning is the leading cause of death in boating accidents in Florida, as reported by the Florida Fish and Wildlife Conservation Commission (FWC) and the U.S. Coast Guard. With Florida’s abundant recreational boating opportunities, drowning-related fatalities are alarmingly high. Several factors contribute to this unfortunate statistic.

The lack of life jackets plays a significant role. In 2022, 81% of drowning victims in boating accidents were not wearing life jackets. These safety devices are crucial as they keep individuals afloat even if they are unconscious or injured, greatly increasing their chances of survival.

Alcohol use is another major factor. Consuming alcohol impairs judgment, balance, and coordination, all of which are essential for safe boating. Consequently, alcohol is a leading contributing factor in many boating accidents that result in drowning.

Inexperienced operators also contribute to the high incidence of drowning. Many boat operators lack the necessary training and experience to handle emergency situations. This inexperience can lead to poor decision-making and an inability to respond effectively to sudden changes or hazards.

Adverse weather conditions in Florida can change rapidly, with sudden storms and high winds creating dangerous conditions on the water. Boaters who are unprepared for these changes may find themselves in perilous situations.

Overloading and improper loading of boats can cause instability and capsize, leading to occupants being thrown into the water. This further increases the risk of drowning in boating accidents.

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

What is Drowning?

Drowning is defined by the World Health Organization (WHO) as the process of experiencing respiratory impairment from submersion or immersion in liquid. It can result in three outcomes: death, morbidity (injury or illness), or no morbidity.

How Drowning Occurs

Drowning typically occurs in several stages. It begins with the initial panic and breath-holding when a person’s airway is submerged. The initial reaction is to hold their breath, and panic sets in as they realize they cannot breathe. This is followed by a struggle for air, during which the person may thrash in the water, trying to keep their head above the surface to breathe. This stage is often characterized by frantic and uncoordinated movements. As the person becomes more fatigued and can no longer hold their breath, they may involuntarily inhale water, leading to aspiration where water enters the lungs. Finally, the lack of oxygen, known as hypoxia, eventually causes the person to lose consciousness. Once unconscious, the individual is at high risk of death if not rescued promptly.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

Why Drowning is Deadly

Drowning is a deadly hazard due to several critical factors. The primary and most immediate threat is hypoxia. When water enters the lungs, it obstructs the flow of oxygen into the bloodstream, causing a significant drop in oxygen levels. This lack of oxygen, or hypoxia, can damage vital organs, particularly the brain and heart, within minutes and potentially lead to irreversible harm.

Additionally, aspiration, or inhaling water, can result in pulmonary edema. This condition involves the accumulation of fluid in the lungs, which further impedes gas exchange. Pulmonary edema can escalate into acute respiratory distress syndrome (ARDS), a severe and potentially life-threatening complication.

In some instances, water entering the airway triggers a reflex spasm of the vocal cords, known as laryngospasm. This spasm temporarily seals the airway to prevent more water from entering, but it also blocks air from getting in. Although the spasm usually subsides after a short time, the initial blockage can worsen hypoxia.

Cardiac complications are another serious concern in drowning cases. Hypoxia and the body’s stress response can disrupt the heart’s electrical activity, potentially leading to irregular heartbeats or cardiac arrest.

Even after a person is rescued and seems to recover, there is a risk of secondary drowning. This occurs when water remaining in the lungs causes inflammation or infection, leading to breathing difficulties and potentially fatal complications hours after the initial drowning incident.

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How to Help Prevent Drowning in Boat Accidents

The key to ensuring a safe boating experience lies in preparedness, adherence to safety protocols, and the effective use of personal flotation devices (PFDs). 

Importance of Personal Flotation Devices (PFDs)

Personal flotation devices — commonly known as life jackets — are essential for preventing drownings in boating accidents. PFDs provide buoyancy, keeping individuals afloat even if they are unconscious or unable to swim. 

Types of Personal Flotation Devices

Personal flotation devices (PFDs) come in various types, each designed for specific conditions and activities. Offshore life jackets are made for open, rough, or remote waters where rescue might be delayed. They provide the most buoyancy, about 22 pounds, and can turn most unconscious wearers face-up. Near-shore buoyant vests are suitable for calm, inland waters where quick rescue is likely. They provide 15.5 pounds of buoyancy and may not turn some unconscious wearers face-up. Flotation aids are ideal for calm, inland waters where there is a good chance of quick rescue, offering the same 15.5 pounds of buoyancy as near-shore vests but designed for comfort and continuous wear. Throwable devices, such as ring buoys and boat cushions, are intended for calm, inland waters with heavy boat traffic, to be thrown to a person in the water. Special use devices, including hybrid inflatables and those for activities like kayaking or water skiing, must be used according to the specific conditions listed on the label to be effective.

The use of PFDs is governed by both federal and state laws to ensure the safety of all boaters. Key regulations include compliance with standards for PFD types, availability, and proper usage while on watercraft.

Federal Requirements

According to federal requirements, all recreational boats must have a U.S. Coast Guard-approved personal flotation device (PFD) for each person on board. Additionally, boats that are 16 feet or longer are required to have one Type IV throwable device on board. Furthermore, children under the age of 13 must wear a U.S. Coast Guard-approved PFD while the boat is underway on federal waters, except when they are below decks or in an enclosed cabin.

State Requirements

Each state may have additional regulations regarding the use of PFDs. It is crucial to check local laws to ensure compliance.

Properly Sizing and Fitting Personal Flotation Devices

Ensuring that personal flotation devices (PFDs) are properly sized and fitted is critical to their effectiveness. To achieve a proper fit, start by selecting the right size. Check the label on the PFD for size and weight recommendations and choose one that matches the wearer’s size and weight.

Test for a proper fit. For adults, the PFD should fit snugly without being restrictive. Adjust the straps to ensure a secure fit. For children, the PFD should also fit snugly and not slip over the head. To test this, lift the child by the shoulders of the PFD; if it fits properly, the PFD should not rise more than a few inches.

Check for comfort and mobility. Ensure that the wearer can move comfortably and that the PFD does not chafe or restrict movement. Finally, test the PFD in shallow water to make sure it provides adequate buoyancy and remains securely in place.

Additional Boating Safety Tips

In addition to wearing Personal Flotation Devices (PFDs), there are several other crucial safety measures to prevent drowning in boating accidents. First, it’s important to take a boating safety course. This education will cover safe boating practices, navigation rules, and emergency procedures. Regularly inspecting your boat and safety equipment is also vital to ensure everything is in good working condition. Always check the weather forecast before heading out on the water, and be ready to return to shore if conditions worsen. Avoid operating a boat under the influence of alcohol, as it impairs judgment and coordination, significantly increasing the risk of accidents. Finally, develop an emergency plan that includes knowing how to use safety equipment and perform basic first aid.

Preventing drowning in boating accidents requires a combination of proper preparation, adherence to safety protocols, and the effective use of personal flotation devices. By understanding the types of PFDs, complying with laws, ensuring proper fit, and following additional safety tips, you can significantly reduce the risk of drowning and enjoy a safer boating experience.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Staying Safe on the Waterways

Understanding what the leading cause of death in boating accidents in Florida can help you avoid it. And while prevention is important, drowning accidents can and do happen — often with tragic consequences.

If you or a loved one has been affected by a boating accident or wrongful death due to negligence on the water, it is crucial to seek experienced legal help. At Serrano Law, we provide compassionate legal representation to those impacted by such tragedies. Our team is committed to fighting for your rights and ensuring that you receive the justice and compensation you deserve.

Contact Serrano Law today to discuss your case and let us help you navigate the legal complexities and support you through this challenging time.