Boating Accidents

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Assisting You in Filing Boating Accident Reports

How to Navigate a Boat Accident Lawsuit from the Start

With its great weather and miles of coastline, Florida is the perfect place for boating. Florida ranks as the state with the most boat registrations, with 935,742 recreational boats registered in 2020, according to Florida Fish and Wildlife (FWC). Unfortunately, with this popularity, Florida also has the highest number of boating accidents. One in 745 boaters reported an accident in 2020 in Miami-Dade county alone. Florida law does not require an owner to have boating insurance to cover damages and injuries like it does with cars and other motor vehicles. To recover expenses for medical bills, lost wages, pain and suffering, and other damages, you can file a personal injury claim or boating accident lawsuit against the responsible party. An experienced boat accident lawyer can explain your legal options and will fight for the recovery you deserve.

What to Do After a Boating Accident

FWC reported the most common cause of boating accidents in 2020 was a collision with a vessel. The top secondary type of accident was falling overboard. FWC reported that only 65% of occupants used protective floatation devices, and 47% of fatalities were from drowning. So the first thing you should do is throw a floating device to anyone who fell overboard. Next, determine if anyone needs medical attention. It is crucial to have a doctor evaluate anyone injured, even if you don’t think it is serious. Injuries often appear or worsen days after an accident.

The next thing to do is report the incident to the coast guard. Federal law requires you to file an accident report if anyone is injured beyond basic first aid, disappears, or is killed, or if the vessel is destroyed or property damage exceeds $2,000.

Next

If you are able, you should gather information at the scene. Collect contact information from operators, passengers, and eyewitnesses. You should note vessel identification numbers or registration numbers and insurance information for the individuals involved. Even if the operators don’t have boating insurance, their homeowners insurance policy may cover some of the costs. Finally, you should contact a boating accident attorney who can help you recover financially after an accident.

What Will I Need to Prove in a Boat Accident Lawsuit?

A lawsuit requires you to prove that the boat operator that caused the accident acted carelessly or recklessly. In legal terms, failing to act as a reasonable boat operator under the circumstances is called negligence. Negligence is a failure to follow a standard of care, including lacking safety equipment and lighting or speeding in a restricted boating area. FWC reported the top primary causes of boating accidents were inattention and operator inexperience. Machinery failure is also a common cause of accidents. An owner, including a charter or rental company, may be negligent by failing to maintain their boat. A manufacturer could also be responsible if there was a defect in the vessel. If you can prove that the responsible party acted unreasonably and their actions resulted in your injuries or damages, the law entitles you to financial compensation.

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How a Florida Boat Accident Lawyer Can Help

A Florida boating accident lawyer will understand the law that applies to your accident. For example, if your accident occurred close to shore, Florida law likely applies. If the accident was further away, maritime law could apply.

An experienced attorney will know where to start gathering evidence. They can research the history of the boat and if there were similar accidents in the area or involving the same owner or operator. They will investigate the scene and collect witness statements. They’ll review your medical records and document your injuries and the associated costs. They know expert witnesses who will help recreate the accident for the jury. Most importantly, an attorney isn’t afraid to negotiate with insurance companies and other lawyers to secure the compensation you deserve.

Lady Law Group: Your Miami Boat Accident Lawyer

At Lady Law Group, we won’t let anyone bully you. We see insurance companies try to avoid paying a fair amount and pressure people to accept an early settlement. When you hire the Lady Law Group as your Miami boat accident lawyer, we’ll be there to support you. Each boating accident and its damages are unique.

We’ll handle the legal details

While you focus on recovering from injuries, emotional trauma, and property damage to your vessel. Let us negotiate with the responsible party and their insurance, and if we need to, we’ll file a boat accident lawsuit to ensure you receive fair compensation. Contact us today to learn more about how we can help.