Lawyer for Boat Accident in Miami, FL
Whether you’re cruising along Biscayne Bay, enjoying the waters of Miami Beach, or taking part in a thrilling fishing expedition, boating offers some of the best experiences Florida has to offer. But with boating comes the unfortunate reality that accidents do happen.
Boating accidents in Miami can result in serious injuries, property damage, and even fatalities. Due to the unique nature of watercraft and maritime law, these accidents can present specific challenges for victims seeking compensation.
If you or a loved one has been involved in a boating accident in Miami or any surrounding area, it’s important to have experienced legal representation. At Flaxman Law Group, we specialize in accident victims and helping them secure the compensation they deserve for their losses. We are a boutique law firm with a trilingual staff and a father-son attorney team. We are not only part of the Miami community, but we are avid boaters and fishing enthusiasts ourselves. If you have been injured in a boating accident, contact us for a free, no obligation consultation with a boat accident attorney in Miami, FL.
Understanding Boating Accidents in Miami
Boating accidents can occur in an instance, and can be caused by a variety of factors. Some of the most common causes of boating accidents in Miami include:
- Distracted or reckless boat operation, including excessive speeding or failure to follow navigational rules.
- Boating under the influence (BUI).
- Poorly maintained or defective boat parts.
- Sudden storms, high winds, and rough waters, which can be especially dangerous for inexperienced operators.
- Operator inexperience.
- Failure to adhere to navigational rules.
No matter what has caused your boating accident, the first and most important action after your accident is to ensure safety. If possible, move the boat to a safe location to prevent further collisions. Next, check for injuries and administer first aid as needed. If the injuries are serious, call emergency services immediately. In Florida, the law requires that the boating accident be reported to the proper authorities if there are injuries, death, or significant property damage.
Additionally, it is essential to gather as much information as possible about the accident. Take notes about the circumstances, the other parties involved, and any potential witnesses. Document the scene by taking photographs, as this evidence can be crucial in building your case later. Always stay at the scene until help arrives, and do not leave the scene unless it is unsafe to remain.
Types of Boating Accident Cases
Every boating accident is unique, but these collisions can be grouped into categories. Some of the most common types of boating accident cases include:
- Collisions between boats. These accidents can be especially common on busy waterways.
- Personal watercraft (jet ski) accidents. Jet Skis are smaller, faster, and more maneuverable than larger boats, making them prone to accidents caused by reckless operation.
- Capsizing. Overloaded boats, improper weight distribution, or hazardous waters can lead to capsizing, putting passengers at risk of drowning.
- Boat passenger injuries. Passengers can suffer injuries due to sudden stops and falls, even when they are not operating the boat themselves.
- Fires. Faulty fuel systems, engine defects, or improper maintenance can cause dangerous onboard fires.
- Charter boat, cruise ship, and tour boat accidents. Commercial boats have a duty to ensure the safety of their passengers. When commercial operators are reckless, multiple passengers on board these larger boats may be at risk.
Regardless of the type of boating accident, you may have the right to compensation. A boat accident lawyer in Miami, FL can help you determine whether you have a valid claim.
Maritime Law and Boating Accidents
Unlike car accidents, which are governed by state laws, boating accidents often fall under maritime law, which covers what happens on waterways.
The Jones Act, for example, protects maritime workers and crews injured on the job, allowing them to seek compensation beyond traditional workers’ compensation benefits. Workers on oil rigs are protected by the Outer Continental Shelf Lands Act.
General maritime law allows passengers and tourists to file personal injury claims if they are injured on a boat. The Passenger Vessel Act may also apply to your claim, especially if you were injured on a tour boat or commercial craft.
The Florida Fish and Wildlife Conservation Commission (FWC) and federal law also apply to any serious boating accident. Federal and state rules require you to report the boating accident to FWC, a local sheriff, or local police if:
- Someone died in the accident.
- Someone is injured to the extent that they require medical attention beyond first aid.
- The accident results in significant property damage of over $500.
- A person is missing after the accident.
As with any car accident, operators involved in a boating accident must stop to offer aid to anyone at the scene and must exchange vessel identification numbers and contact information with anyone involved.
Failure to report a boating accident or follow these rules can lead to serious legal consequences, including fines, criminal charges, and imprisonment. Those who disobey boating accident rules could also face civil charges.
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Injuries Caused by Boating Accidents
The fast-moving nature of watercraft and the potential for collisions with other objects make the impact of these accidents particularly dangerous. Some common injuries from boating accidents include:
- Traumatic brain injuries (TBI). Due to sudden impacts, falls, or being thrown from a vessel, victims can suffer head injuries, including severe brain damage.
- Back injuries. Falls or violent jolts can cause serious damage to the spinal cord, leading to chronic back pain or partial or full paralysis.
- Broken bones. Collisions, falls, or sudden movements often result in broken limbs, ribs, or other fractures.
- Drowning and near-drowning. If a person is thrown overboard, they may suffer from drowning or near-drowning injuries, especially in the absence of life-saving equipment. Near-drowning incidents can deprive victims of oxygen long enough to cause permanent brain damage.
- Burns. Onboard fires or explosions can result in severe burns, which can cause mobility problems and disfigurement.
- Soft tissue injuries. Sudden stops or collisions may cause injuries to the neck, back, or other soft tissues, which can lead to chronic pain and limited mobility.
While many boating accidents result in injuries, drowning remains the primary cause of fatalities. This is often due to a variety of factors, including not wearing life jackets, falling overboard, or being unable to swim after an accident. The risk of drowning increases when individuals are intoxicated or are not adequately prepared for emergencies on the water.
To reduce the risk of drowning, boaters and passengers should always wear life jackets and be aware of water safety rules, particularly when boating in rough conditions or unfamiliar waters.
If you or a loved one has sustained any of these injuries due to a boating accident, it’s important to seek medical attention immediately. Legal action may also be necessary to ensure you receive the compensation you deserve.
Depending on your situation, you may be able to recover compensation for your medical bills, pain and suffering, lost income, property damage, and additional losses. If you have lost a loved one in a boating accident, you may be able to seek additional compensation for funeral expenses and loss of support.
What to Expect from a Miami Boating Accident Lawyer & How We Help
If you’ve been involved in a boating accident, hiring an experienced Miami boating accident lawyer can help you seek fair compensation for your injuries. You can expect your working relationship with your attorney to begin with a free initial consultation. This helps you evaluate an attorney and to ask questions. The lawyer will have a chance to review the details of your case and explain your legal options.
If you decide to work with an attorney after this consultation, your lawyer will thoroughly investigate the cause of the boating accident, gathering evidence, talking to witnesses, and consulting experts if necessary to determine fault.
Your lawyer will also handle all communications with insurance companies. Generally, your lawyer will try to negotiate with insurers to reach a settlement. In a settlement, the insurance company or at-fault party agrees to give you money in exchange for you not continuing to pursue legal action. This way, you can secure the money you need to pay for your injuries without the costly and time-consuming process of a trial.
If a settlement can’t be reached, your lawyer will prepare your case for court. Until the verdict, there is still a chance that you can reach a settlement. If not, a judge or jury will determine whether to award you compensation—and how much.
At Flaxman Law Group, we are here to help every step of the way. We take care of negotiation, preparing your case for trial, and appearing in court. We handle the details so you can focus on your health.
Proving Fault in a Boating Accident Case
To succeed in a boating accident claim, it’s essential to demonstrate that another party’s negligence caused the accident. Usually, your Miami boating accident lawyer will determine who is at fault in your boating accident. They will do this by:
- Gathering evidence. This includes photos of the scene, witness statements, accident reports, and any available video footage that can show what happened before, during, and after the accident.
- Considering operator actions. Many boating accidents are caused by negligent boat operation, such as speeding, ignoring safety rules, or driving under the influence. A lawyer will investigate to determine if the boat operator was at fault in your accident.
- Examining maintenance records. If equipment failure contributed to the accident, reviewing maintenance logs, and inspecting the boat for potential mechanical issues will help prove liability.
- Securing expert testimony. In some cases, marine engineers, safety experts, or accident reconstruction experts may be contacted to provide additional insight into what caused an accident.
Proving fault in a boating accident involves carefully examining the evidence to determine what sequence of actions caused your injuries. This can help determine who was at fault and who you may be able to pursue for compensation. In some cases, there may be multiple at-fault parties. In that case, your lawyer will work to determine what percentage of fault can be attributed to each party.
An attorney can also gather evidence, interview witnesses, and work with experts to establish liability, especially in cases where fault is contested. This can ensure you aren’t blamed for an accident that wasn’t your fault.
Get the Compensation You Deserve
An experienced attorney can help you navigate the legal processes that come with filing a claim, ensuring you are fairly compensated for your injuries, lost wages, and any pain and suffering caused by the accident.
It’s important to work with an attorney to get the compensation you deserve because boating accidents can be more expensive than you think. Losing time at work and therefore income can be costly, and medical bills can add up, too. If your boat was damaged in an accident, or other personal property was damaged or lost, repair and replacement costs can be substantial.
Many people also underestimate long-term and incidental costs of a boating accident. For example, if you are seriously injured you need to consider future medical and rehabilitation costs. These will only get more expensive with inflation. If you have lost time at work, it can take a long time to rebuild your career and to address lost earnings potential. Incidental costs, such as extra help at home, can also become expensive.
If your injuries were caused by someone’s negligence, you should not have to cover these costs alone. Contact Flaxman Law Group for a free consultation if you’ve been injured. We can schedule your free consultation in our Miami office or we can visit your home, office, or hospital room if you’re too injured to travel.
Our family-focused law firm has recovered nearly one billion dollars for our clients and we bring more than 60 years of combined experience to the table. Our goal is simple: we want to help during a difficult time. Let’s discuss what we may be able to do.
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