Hollywood Boating Accident Lawyers
Hollywood, Florida and surrounding areas are known for having many boating opportunities. While being out on the water can be very fun, though, it can lead to serious injuries and accidents. If you’re injured while boating or taking a boat tour, talk to boating accident lawyers in Hollywood, FL who can explain your legal options and your eligibility to seek compensation. You can schedule a free, no obligation consultation by contacting Flaxman Law Group today.
What Preventative Measures Should Be Taken While Boating?
Safety always comes first when you’re enjoying the water. Several preventative measures should be taken to reduce the risks associated with boating:
- Wear life jackets. Ensuring that all passengers wear life jackets, especially in rough waters, can prevent tragedy. Most boating fatalities happen when individuals are not wearing a life jacket.
- Avoid alcohol. Just as with driving, operating a boat under the influence of alcohol impairs judgment, coordination, and reaction times. Boating under the influence is illegal.
- Inspect your vessel regularly. Pre-departure checks for fuel levels, battery conditions, and safety equipment such as flares is crucial. Regular maintenance of the boat can help prevent mechanical failures that might lead to accidents. Even if you’re heading out on someone else’s boat or relying on a tour operator, look at the boat to make sure it seems in good condition.
- Monitor weather conditions. Check weather forecasts before setting out. Storms, strong winds, and other bad weather can quickly make boating dangerous.
- Learn more. Boating education courses and safety certifications can help boaters understand their responsibilities and how to operate their boats safely. Boaters should understand rules of the water, navigation, and emergency procedures. If you’re operating any vessel yourself, make sure you’ve invested in education. If you’re heading out on a tour, make sure the tour operator can show you safety certifications.
- Maintain safe speeds and distance. Maintain proper distance from shorelines, other vessels, and swimmers. When near these hazards, slow down and avoid speeding. Just like with your car, speeding on your boat can cause you to lose control and crash.
Whether you’re a passenger or operator, following a few common sense precautions can help everyone enjoy their boat ride safely.
Types of Boating Accident Claims
Boating accidents can lead to various types of legal action, depending on the circumstances. Common claims include:
- Personal injury claims. If you or a passenger sustains an injury due to another party’s negligence, you may have a personal injury claim.
- Workers’ compensation claims. While less common, workers’ compensation claims can happen if you’re working on a boat as part of your regular work duties and are injured.
- Wrongful death claims. If a loved one dies in a boating accident due to another party’s recklessness, surviving family members can pursue a wrongful death claim to recover damages for loss of income, funeral expenses, and emotional distress.
- Property damage claims. Boats are expensive to repair or replace. If your boat or equipment is damaged in an accident or due to someone’s negligence, you may be entitled to compensation for repairs or replacement.
- Product liability claims. If a defective boat part or equipment caused the accident, such as a malfunctioning engine, you could pursue a claim against the manufacturer of the defective product.
- Premises liability claims. While less common, this type of claim can happen if a property owner fails to properly maintain a property or post signage warning about dangers and you’re injured in a boat accident as a result.
When you’re seriously injured in a boating accident, the last thing you want to worry about is what kind of claim you should file. Let boating accident lawyers in Hollywood, FL investigate the details of your situation and determine the best way to proceed. To speak with a boating accident attorney, contact the father-son lawyer team at Flaxman Law Group. We’re happy to offer you a free consultation so you understand what your options are.
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What Do I Do After a Boat Accident?
If you’ve been involved in a boating accident, it’s important to take immediate steps to protect yourself. The steps you take immediately following the incident can also impact your ability to secure fair compensation. Here’s what you’ll want to do:
- Seek medical attention. If anyone at the scene of the accident is seriously injured, contact emergency services. Even if your injuries seem minor, get checked by a medical professional. Some injuries, like concussions or internal bleeding, may not be immediately apparent. The sooner you get medical care, the sooner you can get treatment that can set you on the path to recovery.
- Report the accident. In Florida, boating accidents must be reported to the authorities, especially if someone is injured or killed. The law requires you to file an accident report within 48 hours.
- Start documenting. If you can, take pictures of the accident scene, including the weather conditions, the surrounding area, any damage to the boat, and any visible injuries. Write down the names and contact information of any witnesses. Write down anything you can remember about what happened. In the days and weeks following your accident, continue to keep track of symptoms, doctors’ appointments, treatment plans, any expenses, and anything else that seems relevant.
- Get information from the other party involved. If other boat owners were involved, exchange insurance details, registration numbers, and contact information.
- Avoid admitting fault. When you talk to others at the scene or to your insurance company, avoid making statements that could be used against you later. Do not admit fault. Even if the cause of the accident seems clear, liability can be complex, and early statements could impact your case. It’s best to let your boating accident lawyers in Hollywood, FL determine what caused the accident.
- Contact an attorney. Speaking of lawyers: it’s wise to consult with a personal injury lawyer experienced in boating accidents. Make contact as soon as possible after the accident to at least have a consultation. Your lawyer can review what you can do to protect your right to fair compensation.
While the moments after a boating collision can be chaotic, do your best to stay calm and think strategically. Thinking about your potential claim and taking steps to protect yourself are crucial.
Determining Liability in a Boating Accident Case
To establish liability in a boating accident, you need to uncover the facts surrounding the incident. You need to determine who was at fault, and there may be multiple parties who are legally responsible for the accident and your injuries. These parties can include:
- The boat operator. If the operator was operating the boat while intoxicated or distracted, they may be held responsible for the accident.
- The boat owner. The boat owner can be held accountable if they failed to maintain the boat in a safe condition or allowed an unqualified operator to drive the vessel.
- Other boaters. If another vessel’s operator was at fault, such as causing a collision due to speeding or reckless behavior, they may be liable.
- Manufacturers. If your accident was caused by a defective boat or equipment, the manufacturer could be held liable under product liability laws.
- Government entities. If poor water conditions or inadequate signage contributed to your accident, a government entity might be held responsible for not maintaining navigational safety.
- Tour boat operators. In the case of a commercial or tour boat accident, the operator or company responsible for the vessel may be found liable for failure to provide adequate safety measures.
When you’re seriously injured in a boating accident, you want to focus on your health, not on investigations. Fortunately, experiences boating accident lawyers in Hollywood, FL work with teams of investigators who can help you get answers. To speak with boating accident lawyers, contact Flaxman Law Group for a free consultation.
Florida Maritime or Admiralty Laws
Boating accidents in Florida are governed by both state laws and federal maritime laws, which are designed to ensure safe navigation on the water. Accidents that occur on navigable waters, such as the ocean, may fall under federal maritime law. However, accidents that occur on smaller lakes or rivers are generally subject to state laws.
One law that could impact your case is the Federal Boat Safety Act, which sets minimum safety standards for recreational boats, including requirements for safety equipment, such as life jackets. If you’re injured in a boating accident because a tour operator failed to meet federal safety standards, you will generally have a strong claim.
The Jones Act (46 U.S. Code § 30104) is another maritime law that allows injured seamen to seek compensation from their employers when they’re injured on the job. The Longshore and Harbor Workers’ Compensation Act offers workers’ compensation to land-based maritime workers.
At Flaxman Law Group, our father-son attorney team understands the laws that could impact your case. We explain these laws to you and work to seek fair compensation you may be entitled to.
Common Injuries Caused by Boat Accidents
Boat accidents can result in severe injuries. Common injuries include:
- Head injuries. Collisions, falls, or being thrown from a boat can cause traumatic brain injuries (TBI), which can have lasting effects on cognitive and physical abilities.
- Spinal cord injuries. Impact with objects or the water can lead to spinal cord injuries, resulting in partial or full paralysis. These injuries can also happen when passengers jump into the water from the boat and end up in water that isn’t deep enough for diving.
- Broken bones. Fractures are common in boating accidents, especially when passengers are thrown or when boats collide.
- Drowning. Drowning is a leading cause of death in boating accidents. Even if you’re a strong swimmer, drowning is a risk in a boating crash because you may be knocked unconscious in an accident or may end up stranded too far to be able to swim to safety.
- Internal injuries. Being thrown from the boat or inside the boat can cause organ damage or internal bleeding.
- Soft tissue injuries. Whiplash, strains, and sprains from sudden impacts are also common injuries in boating accidents.
- Burns. Fires or explosions, although rare, can occur on boats, leading to severe burns and scars.
- Lacerations. In even a minor boating collision, it’s easy to fall down or to get hit by any object that becomes airborne in the accident. This can lead to cuts, bruises, and other injuries.
If you’re in a boating accident and anyone is seriously injured, call 911. Even if your injuries do not seem to be an emergency, get checked out by a qualified doctor. A doctor can determine if you’ve suffered a head injury or soft tissue injuries, both of which may not have obvious symptoms right away.
Types of Compensation Available in a Boating Accident Case
If you’ve been injured in a boating accident, you may be entitled to compensation if your injuries were caused by negligence. You may be able to seek compensation for any of these losses:
- Medical expenses, including current and future medical treatment, such as hospital stays, surgeries, medical devices, therapy rehabilitation, and medication.
- Current and expected future wages if you cannot work due to injuries.
- Compensation for physical pain, emotional distress, and the loss of quality of life caused by the accident and resulting injuries.
- The cost of repairing or replacing your boat or any other personal property lost or damaged in the accident.
- Compensation for funeral expenses, loss of financial support, and emotional suffering if you lose a loved one in a boating accident and file a wrongful death claim.
Getting an accurate evaluation of your claim and expected future costs is essential to making sure you get fair compensation. Without knowing how much your injuries may be worth, it’s too easy to accept a low offer from an insurance company, and by the time you realize you don’t have enough to rebuild your life it may be too late to seek additional damages.
Find out what your potential claim is worth. Contact Flaxman Law Group for a free consultation with a boating accident attorney today.
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