Pensacola has a strong tourism and boating industry, and in recent years it has continued to grow. Combined with a sizable military presence at Naval Air Station Pensacola, the appeal of the ocean has taken hold of many Pensacolans and the city’s visitors. Unfortunately, boating can occasionally be dangerous, through no fault of your own. However, you shouldn’t have to suffer because of another person’s negligence, or because you were injured on the job.
At Morgan & Morgan, we understand the harrowing reality of a boating injury, and our attorneys are knowledgeable about the full range of maritime law, from the Jones Act to investigating simple operator negligence. Our attorneys in Pensacola can help determine if you have a case, and investigate the details surrounding it if you do. Contact us today to learn more.
Pensacola Recreational Boating Accidents
Many boating accidents are recreational, and are caused by operator negligence in driving or maintenance. Our Pensacola attorneys take on a variety of cases related to:
- Hitting a big wave or wake at an excessive speed;
- Deciding to navigate in bad weather;
- Making contact with propellers;
- Operating the boat the influence of drugs or alcohol;
- Failing to carry safety equipment on board;
- Causing collisions with other boats or fixed object(s);
- Failing to know and follow the “rules of the road,” as required by Florida state law;
- Overcrowding and/or overloading the vessel; and
- Failing to pay attention to surrounding watercrafts and individuals.
Work-Related Maritime Accidents
Sustaining injuries offshore is no laughing matter, and you have the opportunity to seek compensation for the injury you received.
Workers’ Compensation Claims: An injured individual can file a workers’ compensation claim under state or federal law to receive benefits, including medical treatment.
Negligence Claims: Alternatively, the aggrieved can file a claim against an employer, third party or boating insurance company. To prevail, the plaintiff will have to prove a negligent act of another led to his or her injuries. In certain states, to prove negligence, the plaintiff must show that:
- The accused owed the plaintiff a duty of care
- That duty of care was breached
- The accused person’s negligence was the cause of the accident
- Injuries were sustained as a result
Evidence that may be helpful in proving negligence include: photographs of the injury or property damage; videos or photographs of the scene of the accident; eyewitness statements or testimony; and police reports. Contacting an experienced maritime and admiralty attorney can help individuals understand their rights under federal, state, and international waters laws, and collect the documentation needed to file a successful claim.
What the Jones Act Means For You
The Jones Act was introduced by Congress following the realization that sailors and seamen had few avenues of resource for injuries sustained on the job at sea. In response to national concern about sailors’ health, the Jones Act expanded existing protective clauses under maritime law. It provides cause of action in negligence for “any seaman” injured “in the course of his employment” as long as the vessel was in transit at the time of the injury.
Several other legal methods of recourse, including Maintenance and Cure and the Longshore and Harbor Workers’ Compensation Act, provide insurance for maritime workers injured on the job, longshoremen, and harbor workers.
Contact an Experienced Pensacola Boating Injury Attorney
Boating accidents can result in terrible injuries, and how best to proceed can often be difficult to determine. At Morgan & Morgan, we understand the intricacies of these cases, and would like to help you decide what your next move should be.
There is no cost for a consultation, and you will never pay us a cent unless your attorney wins your case. Contact us today to find out more about how one of our boat accident attorneys in Pensacola may be able to help you.