Boat Accident Attorney
Boat Accident Attorney Overview
South Florida is a known as a boater’s paradise. However, it is also the same environment where boating accidents happen regularly and without warning, turning an otherwise enjoyable day on the water into a nightmare. Boating accidents fall under maritime (or admiralty) law which is a complicated web of federal, state and international laws. These accidents require a knowledgeable boat accident attorney since they encompass everything from leisure boating injuries to those suffered by seamen engaged in work while on the water.
Negligence comes in many forms on the water. Ultimately, fault comes down to failure to follow the well-established rules of the water and boating statutes. Reckless and drunk driving laws apply as much on the navigable waterways as they do on land, for instance. These laws exist because past violations have resulted in innumerable serious boating accidents over the years.
Boating & Maritime Laws
A boating accident victim can usually pursue a claim for compensation against the responsible boater or party. However, that is only if they can prove negligent operation of the vessel which led to the damages.
Florida boating law provides that:
- It is unlawful to operate a vessel in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel, or manipulates any water skis, aquaplane or similar device, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injure any person.
- Any person operating a vessel upon the waters of this state shall operate the vessel in a reasonable and prudent manner, having regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances so as not to endanger the life, limb, or property of any person.
This framework is just a small component of the potential grounds for an injury claim on the water.
Boat Accident Case Types
When boat accidents do happen, they usually involve the following types of incidents:
- Coming into contact with propellers;
- Driving too fast for conditions;
- Boating while intoxicated or under the influence of alcohol;
- Improper navigation and decision-making;
- Collisions with other vessels or property;
- Inexperience of the vessel operator;
- Drowning from being thrown overboard;
- Overloading or overcrowding a vessel.
Proving Negligence
The key to recovering compensation in any boat accident is showing that the vessel operator acted unreasonably. Additionally, one can show that the harm was from a defective maritime device or vessel supplier or manufacturer. If possible, attempt to identify witnesses and gather critical evidence like photographs and video to support the claim.
In addition, the injured victim’s status on the vessel at the time of the harm is important. Recreational boating guests fall under a different classification and rules than an individual who works at sea. For example, a sea worker is required to pursue claims under the federal Jones Act. Regular boat guests are not subject to the Jones Act limitations, on the other hand.
The location and type of boat accident has a large effect on the applicable law and limitations period. Accidents near the shore or in the bay likely fall under Florida and Federal law. However, incidents in the ocean or deep sea – such as on cruise ships – fall under long-standing maritime law principles. Meanwhile, the statute of limitations can preclude a claim completely if not acted upon quickly enough. The limitations period runs from six (6) months for cruise ship related injuries up to four (4) years if the claim is strictly one of Florida law.
Boat Accident Damages
As with any type of personal injury it is imperative to seeking immediate medical treatment to document your injuries. These are important to any boating accident injury case to prove damages. Damages include medical bills, pain and suffering, and lost wages.
Summary
In sum, it is best to select an attorney well-versed in this complex area of law to help navigate you the process. This should be one of the first steps you take to protect your rights and remedies at law. This cannot be overstated – a regular personal injury lawyer will not have the knowledge or expertise to handle a maritime claim so it is important that you choose your representation wisely.
The team at Santana Injury Law can get to work today on your claim and get you the most compensation for your injuries. Call now for a free consultation with an experienced boat accident attorney.
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