Boating accidents can present challenges to a victim who is making a claim for compensation. State, federal and maritime laws cover boating accidents depending on the location of the boat when the accident occurs. Your purpose on the boat, driver, passenger, or employee can also have an effect on the type of claim you make for your injuries.
Boat owners and operators have a responsibility to the passengers on the vessel to operate the boat safely and legally. This includes making sure that there is enough safety equipment on board for all passengers and not operating the vessel while under the influence of alcohol or drugs.
Boating accidents can happen for a wide variety of reasons; however, it has been our experience that there are some reasons that are more common than others that cause boating accidents to occur.
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It is against the law in Florida to operate a watercraft while under the influence of alcohol or drugs. DUI laws do apply to anyone operating a watercraft, and you can be required to take a sobriety test if you are suspected of operating a boat under the influence.
State laws say that a blood alcohol level of .08 or higher is considered intoxicated. Under state law, an operator of a boat who is found intoxicated will face the same charges and penalties as those of a vehicle that operates on the roadways. This includes the loss of driving privileges for their cars.
In addition to being charged with a DUI, a boat operator can also face charges for reckless operation of a watercraft. Under Federal and Florida state laws, it is a first-class misdemeanor to operate a watercraft in a reckless way that places life or property in danger of harm.
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Florida has implemented stricter boating laws in recent years because of the significant number of boating accidents that occur in the state each year. Sadly, many people continue to operate watercraft in a negligent manner. If you have been injured in a boating accident, it is important to contact a boating accident attorney about your rights to file a claim for compensation.
You may be entitled to several kinds of compensation for your injuries in a boating accident. Your attorney will discuss with you in-depth the types of compensation available to you based on the facts of your case. Your compensation package may include one or more of the following types of compensation:
All of the medical bills, both current and in the future associated with the boating accident, will be covered in your compensation package. If you need long-term care due to the type of injuries you received, your attorney will make sure that these costs are included in your claim.
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All lost wages that are a result of your injury will be included in your compensation. If you lost other employer-paid benefits or bonuses because of your absence from work, your attorney might also seek recovery for these losses. If you cannot return to work because of your injury, or you can only return at a lesser capacity, your attorney will seek compensation for all future earnings that you will lose as a result of your injury.
If you have had to make adjustments to your home or vehicle to accommodate your injury, you may be entitled to claim these expenses. Other expenses, such as the cost for travel to and from medical care, over-the-counter supplies required by your doctor, or similar expenses may also be included in your compensation.
Pain and suffering compensation is unique to each case. Your attorney will discuss with you how this portion of compensation is calculated and what you should expect based on your case. You may also be entitled to additional forms of compensation. All of this information will be discussed with you in detail during one of your meetings with your attorney.
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Boating accidents occur at an alarming rate in Florida. Florida continues to lead the nation for the highest amount of accidents in a boat in the country. Sadly, Florida also leads the nation with the highest amount of injuries and deaths associated with these accidents as well.
If you have been injured while you were on a boat, it is crucial that you speak to a boating accident attorney about your right to receive compensation. Many different laws apply to these types of accidents, so it is important to contact an injury law firm at Law Office of Ken M. Frankel, P.A. with the knowledge you need to manage one of these cases.In a boating accident, one of the following parties can be held liable: the operator of the boat, the owner, the manufacturer, the rental company, or even a passenger. However, it is important to keep in mind that there are cases when, due to unforeseen circumstances, liability can be difficult or even impossible to determine.
There are more than 12, 000, 000 boats registered in the U.S., and each year more than 4, 700 recreational boating accidents take place, causing the death of more than 700 individuals.
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There are many factors that can cause a boating accident, from operator negligence to malfunctioning equipment and harsh weather conditions. When boating accidents happen, injured victims have the right to file financial claims against responsible parties.
However, determining liability in boating accidents is often difficult and requires the investigation of experts, as water tends to ruin the traces of the accident, making the accident reconstruction quite challenging.
For a boat to be Coast Guard documented, it must be at least five net tons and must be wholly owned by a citizen of the U.S. Net tonnage is a measure of a vessel's volume and should not be confused with the vessel's weight, which may also be expressed in tons. Most ships that are longer than 25 feet will measure five net tons or more under the Simplified Measurement System, although they may measure less than five net tons if formally measured. For information about how tonnages are determined, including the simplified measurement form that calculates tonnages, click HERE.
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The damages that can be recovered by filing a boating accident lawsuit can include any type of damages in an amount that depends on the severity of the injuries, the circumstances of the accident, and whether or not you share liability for the accident.
The general purpose of monetary awards is to restore your pre-accident financial condition. In case the defendant acted in an extremely negligent manner or their attitude can be characterized as outrageous, you might be awarded punitive damages as well.
Another issue boating accident victims should consider is that boating injury cases are subject to maritime law rather than state personal injury laws. That means they will be handled differently and settled according to other laws than terrestrial personal injury cases.
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If you, or a loved one, were injured in a boat accident due to someone else’s negligence, call our experienced boating accident attorney. An attorney has the necessary skills to help you face the challenges faced when fighting to recover the compensation you deserve.
Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.Boating accidents in the U.S. commonly occur due to a variety of personal and environmental conditions for which the boat owner may be held liable. If you’re injured in a boating accident due to another party’s negligence, you may be eligible to file a claim to recover damages. Contact the boating accident lawyers of Florin|Roebig today for a free case evaluation.
States across the U.S. see thousands of boating accidents each year, especially in coastal areas like Florida. The ownership and operation of boats and ships in the U.S. are subject to federal, state, local, and maritime laws, which can be important for determining liability in the event of an accident.
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If you’re a passenger—or maritime worker—who is injured in a boating accident, you may be eligible for compensation. Personal injury attorneys who are experienced in handling boat accident injury claims can help you or a loved one determine your legal options in the wake of boating accident-related injury or death.
Boating accidents can occur due to a wide range of causes and result in a number of consequences, including significant financial cost, property damage, and damage to individuals on- and off-board.
The U.S. Coast Guard reported 2, 511 boating injuries in the U.S. in 2018—a slight decrease from the 2, 629 injuries that occurred the previous year. Over 600 fatalities also occurred, with the total property damage reaching nearly $46 million.
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When the cause of death is known, the primary cause of death identified among people in boating accidents is drowning. Vessel types that are most commonly reported in boating accidents include motorboats with interiors, open motorboats, and personal watercrafts.
My wife and I had the pleasure of working with Kavon, Neil, and Dylan. The attorneys and legal assistants at Florin Roebig were professional, understanding of our situation, and always kept us updated on what was going on. I would strongly recommend this practice to anyone who finds themselves needing legal assistance.
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