Boating Accidents
Federal, state, and international maritime laws each have their own regulations regarding boating accidents. As a result, building a claim to receive compensation can be a complicated process.
At Morgan & Morgan, our boating accident attorneys have decades of experience handling these complex claims. We have helped clients who were in injured in boating accidents throughout the United States recover compensation for their losses. This includes medical bills, lost wages, and pain and suffering. We understand the ins and outs of your local boating laws as well as the small details that can make or break a case, and we have the power to get you the compensation you deserve for your injuries.
Boating accidents are one of Morgan & Morgan’s many practice areas, and our specific experience in it may be able to help you. If you have been injured in a boating accident, please fill out our no cost, no obligation case review form today.
Our Process
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Documentation
First, your assigned legal team will gather records related to your claim, including medical records, medical bills, and insurance policy information.
These documents will help your attorney understand the extent of your injury, and build your case for compensation.
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Investigation
Your attorney and legal staff will investigate your accident in great detail to gather the necessary evidence.
They may look at dashcam footage, security camera footage, police records, and more to help build your case.
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Negotiation
Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible form.
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FAQs
How Can a Boating Attorney Help Me?
Our attorneys handle both personal injury and maritime claims, and will use this experience to determine the laws, statutes, theories, and jurisdictions applicable to your claim. With many of our offices located in Florida, we have a firm understanding of these laws.
With this information, we can establish who can be held liable for your losses, depending on the body of water in which the accident occurred and the type of accident. Failing to file your claim within your state’s statute of limitations for personal injuries may leave you unable to recover compensation for your injuries. It is important to contact a boating accident attorney as soon as possible.
Types of Boating Accident Claims Handled by Our Firm
Negligence: An operator may be considered negligent for:
- Hitting a big wave or wake at an excessive speed
- Deciding to navigate in heavy weather, causing individuals to fall overboard
- Contact with propellers
- Operating at a high speed
- Failing to carry safety equipment on board
- Collisions with other boats or fixed object(s)
- Failing to know the “rules of the road,” as required by the FFWCC
- Overcrowding and overloading the vessel
Boating Under the Influence: Under Florida state law,
it is illegal to operate a vessel while under the influence of drugs or
alcohol. If an individual is suspected of driving a boat while
intoxicated, they must submit to sobriety tests. Refusal to submit to
the test will result in the revocation of the operator’s boating and
driving privileges. An individual is intoxicated, according to the law,
if their blood or breath alcohol level is at or above .08%.
Anyone under 21 who has a blood or breath alcohol level above .02 is
considered to be intoxicated. Any individual registering a blood or
breath alcohol level exceeding the permitted limit may be subject to
fines, jail time, and/or probation.
Reckless and Careless Operation: Under Florida and Federal
Navigation Rules, an individual who operates a vessel with “willful
disregard for the safety of persons or property” may be cited with
reckless operation, which is a first-degree criminal misdemeanor.
Boating operators have a duty to operate “their vessel in a reasonable
and prudent manner with regard for other vessel traffic, posted
restrictions, the presence of a divers-down flag, and other
circumstances” to ensure the safety of other boaters, guests, and
property. Failure to follow these regulations may result in a citation
for careless operation. Multiple citations will require the offender to
complete a boating education course before being permitted to operate a
vessel again.
Jones Act and Longshore Claims:** Our attorneys also
handle claims for workers who were injured on the job in their attempts
to acquire workers’ compensation benefits. Learn more about this practice.
Jet Ski Accident Claims
Injuries sustained during jet ski accidents can be far more severe than
those suffered in larger boating accidents, given the exposed nature of
the rider. While jet ski accidents can result from the negligence of the
operator, defective equipment can contribute to the cause of the
accident in rare instances. Parties who may be liable for damages
include negligent vessel operators, the jet ski rental company that
supplied the equipment, or the manufacturer for selling a defective
and/or poorly designed product.
What Legal Recourse Is Available for Boating Injuries?
Victims of boating accidents may be able to file a lawsuit to recover
compensation for personal injuries and/or property damage. In some
cases, criminal charges may be brought against a boater if they operated
recklessly, with gross negligence, or under the influence.
Negligence is the most common cause of action under which boating
accident lawsuits are filed. In most instances, the operator of the
vessel may be held liable for negligence during a boating accident if
they do not follow the prescribed boating rules, improperly pass another
vessel, or fail to use/have proper safety equipment on board. If the
case goes to trial, a jury will determine if the operator of the boat
operated the vessel in the same manner as a “reasonable boater.”
To collect damages, the plaintiff’s injuries must be directly linked to
the boating accident. It is important to collect evidence, including
eyewitness testimony, law enforcement reports, and photographs of the
scene of the accident and injuries, to support a negligence claim. In
these types of lawsuits, the injured party will have to prove that the
boating accident was caused by another’s negligence or carelessness,
they were injured as a result, and the negligent party is responsible
for any related losses.
The party responsible for a boating accident injury will vary by case.
Liability for a boating accident and the law applicable to the injured
party’s claim will depend on the individual’s status on the vessel
(whether they were an employee, a guest, operator, or owner), as well as
the location of the accident. Accidents close to shore will likely fall
under Florida and federal laws, while accidents further from shore may
fall under maritime law.
Our Boating Accident Attorneys May Be Able to Help
If you have been injured in a boating accident, you may be entitled to
compensation. Our personal injury attorneys understand the specifics that
separate boating accidents from other vehicle accidents, and may be able to help you. To
learn more about how our boating accident attorneys may be able to help
you, please fill out our no cost, no obligation case review form today.