Practice Areas Motor Vehicle Accidents Boat Accidents

Let Our Boca Raton Boat Accident Attorney  Assisting With Your Claim

South Florida hosts some of the nation’s most famous beaches and waterways. Experiencing them often involves spending time on a boat. The dangers involved in driving a large vessel only increase when out in the open water, where a careless driver or faulty machinery may lead to serious injuries. If this happens to you, a motor vehicle accident attorney can guide you through the process of bringing a personal injury claim. Each Boca Raton boat accident attorney at The Grife Law Firm is committed to helping victims assert their right to financial support. We provide aggressive legal representation throughout the settlement negotiation process and any litigation that may be needed.

Florida Boat Accidents Can Have Serious Consequences

Year after year, Florida leads all states in the rate of recreational boat accidents, with 737 reported in 2015. As Florida’s total registered vessels continue to increase, so does the potential for these types of accidents and the injuries that accompany them. Many of these involve lacerations, contusions, broken bones, head injuries, internal injuries, or neck and back injuries.

Depending on the circumstances, multiple parties may have contributed to harming a victim, including a boat’s operator, its passengers, or a product’s manufacturer. Boat crashes may not only affect a boat’s occupants but also another vessel’s passengers as well as surrounding swimmers. The U.S. Coast Guard cites alcohol use as the leading contributing factor in fatal boating accidents. Among the other top contributing factors are inattentive or inexperienced drivers, machinery breakdown or failure, and traveling at high speeds.

Common Causes of Boating and Watercraft Accidents

While boat accidents are similar to other types of motor vehicle accidents in many ways, one of the key differences is that there are no traffic laws or other regulations that govern how people should drive their boats. Whether it is on the ocean, a river, a lake, or some other body of water, boat operators must use prudence and good judgment in order to avoid accidents. Unfortunately, most boat accidents are the result of negligence – the failure to use prudence and good judgment. Some of the most common causes of boat accidents include the following: 

• Inexperienced Boat Operators –  operators are not required to have a license in order to drive a boat. As a result, the person driving the boat may have little or no experience, which means they are unable to appreciate potential hazards or know what to do in order to avoid an accident. Many accidents are caused by young, inexperienced operators who may be driving a boat for the first time. 
• Operator inattention – while distractions while boating are common, drivers have just as much of an obligation to avoid driving while distracted as when driving a motor vehicle. Using a smartphone, talking with passengers, or looking at the scenery are examples of distracted driving that can result in an accident. 
• Speeding and reckless operation – even though there may be no traffic laws, drivers can still be reckless. Driving at excessive speeds, passing too close to other boats, or engaging in other dangerous maneuvers can quickly lead to an accident. 
• Misbehaving passengers – passengers can also be guilty of causing an accident. Unruly or drunken behavior can distract the driver at critical moments, blocking their vision or even causing them to lose control of the boat.  
• Boating while intoxicated – just like driving a car, operating a boat while intoxicated significantly increases the risk of an accident. Unfortunately, alcohol use and sometimes drug use are common while boating, making for a very dangerous situation. 

Of course, not all boat accidents are caused by the operator’s negligence. Weather and water conditions can play a role. Congested waterways can also be an issue. Equipment and mechanical failures can cause accidents that lead to injuries. That said, these may not be mere accidents – someone may be at fault. For example – 

• The driver of the boat may have been driving too fast for the conditions
• The owner of the boat may have been negligent in maintaining it
•  A mechanic may have made inadequate repairs
• The accident may have been caused by defective parts

Whatever the case may be, a Boca Raton boat accident attorney will be able to determine what caused your accident and whether you have a claim for compensation. 

Our Boca Raton Boat Accident Attorney Answers Your Top Questions

Does Florida require boaters to have liability insurance?

Unfortunately, Florida does not require boat owners or operators to carry liability insurance. Despite this fact, many boat owners purchase liability insurance in the event that they cause an accident. In this situation, you would make a claim against the owner’s insurance policy for damage to your boat, your injuries, and any other losses you may have suffered. If they don’t have insurance, the situation becomes much more complicated and you should consult with an attorney to discuss your options. 

What do I do if the other boater doesn’t have insurance? 

If the other boater doesn’t have insurance and is at fault for causing the accident, then they will be personally liable for your injuries and other losses. Depending on the extent of your losses and the severity of your injuries, they may not have the financial resources to make you whole. The best thing you can do is contact a Boca Raton boat accident lawyer to discuss your options. 

The boat owner has insurance but someone else was driving. Will this be a problem?

Most liability insurance policies cover people who have the owner’s permission to drive the boat such as one of their children or a friend. Their policy should provide coverage even if the owner isn’t on the boat at the time of the accident. 

What do I do if the operator who caused the accident had rented the boat? 

In this situation, you may be able to pursue a claim against the rental company or boat club that rented the boat. Any entity that rents boats has a legal responsibility to ensure that the operators have sufficient skill and knowledge to operate the boat. Failing to ensure that they understand the principles of safe boating or understand how to operate the boat safely can trigger liability. That said, pursuing a claim against a rental company can be difficult, but a Boca Raton boat accident attorney can help. 

Is it against the law to operate a boat while under the influence (BUI)?

It is illegal to operate a boat while under the influence of alcohol or drugs under Florida law. Just like with a motor vehicle, operators with a BAC of .08% or higher could be charged with BUI. However, you can still pursue a claim for an accident caused by an operator who was under the influence even if they weren’t charged with BUI – boating while under the influence is negligence. 

What damages can I pursue in my boat accident claim? 

If you have been injured in a boat accident, you may be entitled to compensation for the following: 

• Damage to your boat
• Your medical expenses, both current and future
• Any lost income as a result of your accident, both current and future
• Your pain and suffering
• Any other losses caused by your accident

Under the law, you are entitled to be made whole. An experienced attorney can provide you with an estimate of what your claim may be worth at your initial consultation. 

Turn to a Boca Raton Boat Accident Attorney at The Grife Law Firm

If you have been injured because of someone else’s careless actions on the water, you should contact a Boca Raton boat accident attorney at The Grife Law Firm to find out more about your legal options. We assist injured individuals throughout Broward and Miami-Dade Counties, including in West Palm Beach, Fort Lauderdale, and Miami. Call us at 855-998-0770 or contact us online to schedule a free initial consultation. We also are available to assist people who need a cruise ship accident attorney when they are injured on vacation.