Who Is Responsible For My Florida Boating Accident?
Michael Babboni
Personal Injury
Florida has over 1,197 miles of coastline. We also have beautiful waterways which makes Florida a boater’s paradise. Sadly, with so much great boating, accidents are also common in our state. When you’ve been in a boating accident, it can be tough to understand the laws. Who is at fault for the accident? Do I have a claim for my injuries?The Basics Of Florida’s Boating Regulations
Boating regulations are far less restrictive than auto regulations. Anyone over the age of 14 can operate a boat in Florida. If you are born on or after January 1, 1988 you are required to take an approved boating safety course. Both Florida and non-Florida residents must complete the course, keep in their possession photographic identification and the card issued by the Florida Fish and Wildlife Conservation Commission. If you were born prior to 1988 you are not required to obtain the Florida Wildlife Conservation Commission issued boating safety identification. Out of state visitors may be exempt from boating safety courses if they have proof they completed a boater safety course in their home state. Visitors over 26 can obtain a temporary certificate to rent a boat.
The Seven Most Common Ways Boating Accidents Can Happen
There are many things that can cause a boating accident, here are the most common we’ve seen in our nearly 30 years of experience:
• Distracted Operator: This is the number one cause of boating accidents and deaths. If the operator of the boat you are on, or the operator of the boat that hit you was distracted at the time and you were injured you have grounds to file a personal injury suit.
• Inexperienced Operator: If the operator of the boat is inexperienced they may not know how to react to sudden changes or the rules of navigation. These mistakes can cause some serious injuries.
• Operators Under The Influence Of Drugs Or Alcohol: If the operator or the lookout is under the influence of either drugs or alcohol, their impairment could lead to an accident, damage to the boat or injury to the passengers.
• Speeding: This is especially important in the inland waterways. An operator who is speeding can cause crashes with other objects or boats and can cause injury or death to the passengers.
• Mechanical Failures: If the owner or operator of the boat does not perform regular, proper inspections to make sure the boat is safe, they set up risking passengers safety. There must be a water flotation device for every passenger that boards.
• Ignoring Navigational Rules and Regulations: By ignoring the rules and regulations of boating, the operator of the boat is being negligent and risks injuring their passengers.
• Ignoring Adverse Weather Conditions And Surges: If the boat operator decides to sail in spite of storm warnings or water surge warnings, you can file a personal injury lawsuit for negligence if you are injured as a result of the ignored warnings.
As you can see there are many factors that can lead to a boating injury or even death.
Understanding Boating Accident Liability
If you have been injured as a result of negligence and experienced personal injury attorney can help you determine if you are entitled to compensation for injuries you have incurred. When it comes to a boating accident, the circumstances leading to your injury could be a result of several parties being negligent. In addition to not maintaining a boat properly, if a boat operator allows an unqualified person to pilot the boat and you are injured, Boating companies that hire operators can be held liable in addition to the operator. Even the boating manufacturer is liable if the boat they built was defective and caused injury or death.
Governing Law Applies to Boating Accident Liability
The laws that will determine your personal injury case depends on where your injury happened. Florida State laws govern the intercoastal waterways and usually along the coast of Florida. If the accident or injury happens in deeper waters and further from the coast, then federal admiralty law will make the determination.
A skilled Florida personal injury attorney like the St. Pete lawyer will investigate the details of your accident or injury. They will determine if liability lies with the boat operator, owner, rental company, passengers, or manufacturer or even all of them. Our team of lawyers only practice personal injury law making us experts when it comes to representing you in your boating accident case. Call us today and let us show you how we can help.