Between the Atlantic Ocean, the Intracoastal, and countless lakes and rivers, South Florida is a water enthusiast’s paradise. However, when untrained boat operators or irresponsible passengers cause boat accidents, a lot is at stake.
Not only do they risk losing their boat, but they may seriously injure someone else as a result of their negligence. At Aigen Injury Law, we represent many clients in Miami and South Florida each year who have been injured in boating accidents.
If you’ve been injured in a boating accident, our mission is to ensure that you receive the representation you’re entitled to after a traumatic event. Our Miami boat accident lawyers will work with you to evaluate your case, collect evidence, and work for you to receive the compensation you deserve. Contact us today to schedule a consultation.
Common Causes of Boating Accidents in Florida
With 88 miles of waterfront, Miami waterways host many types of vessels and present numerous ways that boating accidents can occur. Unfortunately, many of these accidents are the result of someone’s negligence, and they can even result in serious injury or death. Examples of negligent boating behavior include:
- Alcohol Use: Like drivers on Miami roadways, Boat operators are prohibited from operating a vessel with a blood alcohol content of 08% or higher.
- Speeding: Traveling too fast for the conditions reduces the time a boat operator has to see and respond to obstacles in their path, including swimmers or other boaters.
- Operator Inattention: When the operator of a boat fails to pay attention to their surroundings, accidents and injuries are more likely.
- Operator Inexperience: Boat operators in Florida who were born on or after January 1, 1988, are required to take a boater safety course and must carry their boater safety certification card and a photo ID when operating a vessel.
- Poor Maintenance or Equipment Failure: Operators must ensure that their boats are seaworthy. Manufacturers may be liable if a defective part or product contributed to the accident.
These are just a few of the common causes of boating accidents in Miami. Other factors that increase the risk of accidents include inclement weather and sudden maneuvers that cause passengers to lose their balance.
Who Is Liable When a Boating Accident Occurs in Miami?
When a boating accident occurs and causes an injury or a fatality, the party responsible is liable for compensating those who have suffered harm or losses. For someone to be found liable for the accident, the following elements must be present in the case:
- Duty: The at-fault party had a duty to take reasonable actions to avoid harming others while navigating local waterways. These actions include staying sober, avoiding excessive speed or distractions, and ensuring that the vessel is properly maintained.
- Breach: It must be shown that there was a breach in the at-fault party’s duty that occurred when they took actions that were contrary to the duty they owed to others.
- Cause: The evidence in the case must show a direct link from the at-fault party’s careless actions and the injuries suffered by the claimant.
There are several potentially liable parties when Miami boating accidents occur, including the boat operator, whose negligent behavior may have caused an accident.
The boat’s owner may also be liable, as they are ultimately responsible for who they allow to operate their vessel. Boating manufacturers can be found liable for defective parts. A boat rental company, marina owners, and even repair shops may also be found legally responsible for causing an accident. Some cases involve more than one source of liability.
One of the many services Aigen Injury Law can provide is assistance in determining all liable parties in their client’s case and identifying all insurance policies that may provide coverage.
What Types of Damages Can I Recover for My Injuries After a Boating Accident?
If you are injured in a boating accident and the accident is another party’s fault, then you are entitled to compensation. That compensation should cover all medical bills associated with the accident, loss of work due to the accident, and the cost of either replacing or repairing your boat.
Working with an experienced boating accident attorney in Miami gives you a fighting chance to collect payment for any personal injuries or damaged property.
Is Your Accident Covered by Maritime Law or Florida Law?
Depending on the facts of the case, those injured in boating accidents in Miami may be able to seek compensation for the expenses and impacts of their injury under state personal injury laws or federal maritime law. Maritime law comes into play when the accident occurs on waters used for interstate or international commerce.
When an accident occurs on non-navigable waters, such as a small private pond, state laws generally dictate the process. A lawyer will help you understand the laws that apply to your case and how they impact important features of the case, such as deadlines and the type of compensation that can be sought.
Can I Hold Someone Else Responsible for My Injuries in a No-Contact Boating Accident?
No-contact boating accidents can result in injury or wrongful death. As Miami is a very popular destination for recreational boats, many people out on the water are untrained and unskilled boat operators. No-contact boating accidents can occur either as a result of careless passengers on board or as a result of faulty boat parts.
If you have a no-contact boating accident case that resulted in physical or emotional harm, then you could be eligible to receive compensation. Victims of boating accidents can hold both operators and reckless passengers responsible.
Why Choose an Attorney from Aigen Injury Law?
Our knowledgeable legal team has years of experience helping clients in Miami and the greater South Florida area. We have helped clients claim millions in compensation for boating injury accident lawsuits and other motor vehicle accident cases.
Aigen Injury Law is here to give you accurate information on legal procedures and to look after your best interests. We care about you and your well-being. Our responsive team of accident attorneys will work closely with you as we seek adequate compensation for your losses. Never proceed without a competent Miami-Dade County personal injury lawyer on your side.
Here at the Aigen Injury Law, we understand the difficulties that come after being involved in a boating accident. It may be difficult to figure out what steps you need to take to resolve the case properly. That is why we make our team available to answer any questions you may have about your case. We provide free consultations to help evaluate your boating accident claim and determine if you have a case.
Contact a Miami Boat Accident Lawyer from Aigen Injury Law
When you are injured in a boating accident, it can be difficult to understand the process to receive compensation for the financial and emotional costs of your injuries. Let our team help you understand your rights and options, as well as the services we are able to offer to assist you with your claim. Contact us today for a free case evaluation.