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Practice Areas

Boating Accident Attorneys

With more registered watercraft than any other state, more boating accidents happen in Florida than elsewhere in the U.S. While boating remains a top outdoor activity to be enjoyed in the Florida sunshine, accidents and injuries do occur.

In fact, Florida is the top state in boating accidents leading to injuries and fatalities.

A boating accident can lead to a variety of injuries requiring medical attention and may result in devastating physical conditions. When these injuries were caused by the negligence of a boat operator or crew, you deserve to be compensated for their neglect, incompetence, or recklessness.

Grossman Roth Yaffa Cohen stands ready to help. Contact our experienced team today to schedule a free consultation.

Identifying Liability After a Boating Accident

Captain error is behind most accidents, but liability may be harder to pinpoint when multiple vessels or other factors are involved. Unlike accidents that happen on land, there is no crash scene for anyone—insurers or lawyers—to investigate a boat collision. Skilled accident reconstruction professionals can use witness testimony, medical records, and damage to watercraft to determine the sequence of events and identify liability.

The sooner you reach out to an attorney, the more they can do to gather and preserve evidence. Having proof of liability is an essential first step in filing a lawsuit.

Types and Causes of Boat Accidents

A 2019 review of recreational boat accident reports found the most common incidents were:

  1. Collision with another recreational watercraft
  2. Collision with a fixed object
  3. Grounding
  4. Flooding/swamping
  5. Falls overboard

When it came to contributing factors, the report identified the top five causes:

  1. Operator inattention
  2. Improper lookout
  3. Operator inexperience
  4. Excessive speed
  5. Boating while under the influence of alcohol

It takes skill, preparation, and experience to properly operate any type of watercraft and do so while ensuring the safety of others. Where boat operators are negligent, such as being inattentive, speeding, or drinking while boating, they should be held accountable for the accidents that result.

Unfortunately, Florida does not have a minimum age requirement for the operation of any type of boat. Boat operator education is not required under Florida law unless a person has been convicted of two safety infractions within a year, one infraction that has led to an accident, or a criminal boating violation such as boating under the influence.

Understanding Boating Accidents and Liability

Boating accidents can occur due to reckless operation, inadequate safety measures, or failure to follow maritime laws. Common causes of boating accidents include:

  • Operator Negligence: Distracted or impaired boat operators pose a significant risk to passengers and other boaters.
  • Speeding and Reckless Driving: Excessive speeds increase the likelihood of collisions and catastrophic injuries.
  • Failure to Follow Boating Laws: Many accidents occur when operators ignore navigation rules or fail to maintain proper safety equipment.
  • Equipment Failure: Mechanical defects or improper maintenance can contribute to dangerous situations on the water.

If you or a loved one has suffered injuries due to someone else’s negligence, our boat accident lawyers can help you hold the responsible parties accountable.

Who Do I Make a Claim Against?

We will help identify the parties liable for your injuries and pursue them as defendants in a lawsuit. Unlike car owners, people with boats and other personal watercraft are not required to carry insurance. This complicates the process of recovering damages, but even so, you may have options.

Boat Insurance

Some boat operators purchase insurance regardless of state requirements, which gives accident victims a place to turn. In a collision where the at-fault party is not insured, you may be covered by uninsured/underinsured watercraft owner insurance. You’ll need to know the details of the applicable policies before you can file a lawsuit.

Homeowners Insurance

If the at-fault boater has homeowners liability insurance, victims may be able to receive compensation from this policy. Most insurers include liability coverage in homeowners or renters insurance. However, these policies often limit coverage for boats with significant horsepower, or other personal watercraft, like jet skis. A skilled attorney can help you interpret the insurance policy to determine how much coverage may apply to the incident.

A Negligent Company

If you are bringing a defective design or manufacturing claim or suing a corporate owner of a boat, such as a boat charter company, you may find yourself facing a major company in court. To level the playing field against these well-funded legal teams, you need to hire a firm with significant resources and experience. One benefit of these cases is the companies tend to have assets and insurance to fund any settlement or verdict, so even catastrophic injuries can be compensated through litigation.

The At-Fault Individual

Even if no insurance policies cover an accident, you can still pursue your claim. Although few individuals can afford to pay large judgments for severe injuries, an attorney can help you determine whether pursuing a lawsuit is worth the effort.

Common Injuries in Boating Accidents

Boating accidents often result in severe injuries that require extensive medical care and rehabilitation. Common injuries include:

  • Traumatic Brain Injuries (TBI): Head trauma caused by collisions or falls overboard can lead to long-term cognitive issues.
  • Spinal Cord Injuries: High-impact crashes or falls can cause paralysis or other debilitating conditions.
  • Broken Bones and Lacerations: Propeller strikes and collisions can result in deep wounds, fractures, and disfigurement.
  • Drowning and Near-Drowning Incidents: A lack of life jackets or proper safety measures can lead to fatalities or life-threatening injuries.

Our boat accident lawyers understand the complexities of personal injury claims involving boating accidents and work tirelessly to secure maximum compensation for your medical expenses, lost wages, and pain and suffering.

Steps to Take After a Boating Accident

Taking the right steps immediately after a boating accident can strengthen your case and improve your chances of receiving fair compensation. If you’re involved in a boating accident, follow these key steps:

  1. Seek Medical Attention: Even if injuries seem minor, get checked by a medical professional to ensure your health is protected and to document your condition.
  2. Report the Accident: Notify the Florida Fish and Wildlife Conservation Commission (FWC) about the incident as required by Florida law..
  3. Gather Evidence: Take photos and videos of the accident scene, injuries, and damages. Collect contact information from witnesses.
  4. Avoid Discussing Fault: Do not admit fault or make statements that could be used against you later to authorities, parties, insurers, or others.
  5. Consult a Boat Accident Lawyer: Speak with an experienced lawyer as soon as possible to protect your rights and begin the legal process.

Acting quickly after an accident can make a significant difference in the outcome of your case.

How a Boat Accident Lawyer Can Help You

Navigating a boating accident claim can be overwhelming without legal guidance. A skilled boat accident lawyer can provide:

  • Thorough Investigation: Gathering evidence, reviewing accident reports, and consulting with maritime experts to build a strong case.
  • Determining Liability: Identifying the responsible parties, whether it’s a negligent boat operator, rental company, or manufacturer.
  • Negotiating with Insurance Companies: Ensuring that you receive fair compensation and are not pressured into accepting a low settlement.
  • Litigation Support: If necessary, we are prepared to take your case to court to fight for the compensation you deserve.

Our legal team is dedicated to protecting your rights and guiding you through the legal process with confidence.

An Additional Consideration: Maritime Law

Accidents that take place on the ocean are governed by a set of statutes known as maritime law. The rules and deadlines for such cases vary from what you would expect in a traditional personal injury claim. Whether you are bringing a claim against an individual or a company, it’s essential to have an attorney who understands this complex branch of law. We can help you understand if maritime law applies to your case, and what that means for you.

Contact an Experienced Boat Accident Lawyer Today

If you’ve been injured in a boating accident, don’t wait to seek legal help. Time is critical when collecting evidence and filing claims. Our boat accident lawyers are ready to provide a free consultation to discuss your case and outline your options.

 

Call us today or fill out our online form to get started on your path to justice.

Why Choose GRYC?

TEAM APPROACH

Every GRYC case is handled by a team of lawyers supported by in-house investigators and legal professionals with extensive experience in the medical, law enforcement, and insurance sectors.

WINNING RESULTS

We have recovered over $1 billion in settlements and compensation for our clients, fighting for full and fair compensation for medical expenses, lost wages, physical suffering, and emotional trauma.

CHANGING THE LAW

We fight to change the laws and policies that hurt our clients to protect other innocent people from harm.

NO UPFRONT FEES

We take all cases on a contingency basis, which means that we pay all fees upfront, and only get paid if we win.

We fight every day to bring justice and truth back into the lives of unheard victims. We use our passion to improve the lives of our clients and our communities. GRYC is a force for justice, focused on you.

There are no upfront legal fees.

To speak to someone on our highly skilled team, fill out the form below, or call 800-206-4004 for a free case review.

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GRYC has been a voice for injured victims in the South Florida area since 1988. Together, we will be heard. Together, we can make change happen.