boating accident lawyer

Just like driving a car, it is important to exercise care when operating a boat. Unfortunately, every year there are accidents caused by reckless or careless boaters.

Reckless or careless boating in the state of Florida is governed by Florida statute § 327.33.

The state of Florida has no special boating licensing requirement and it has very few safety training requirements. Nonetheless, Florida law prohibits operating a boat in a reckless or careless manner. Florida statute § 327.33 defines reckless or careless boating as operating a boat, “in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injure a person…”

The statute goes on to say that a boat operator must operate their boat in a “reasonable and prudent manner.” The operator must have “regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances. . .” Further, it requires boat operators comply with
the rules of navigation.

Boating Accidents in Florida

Each year, the state of Florida has more boating accidents than any other state. The most common causes of these accidents are boat operators do not understand the dangers of boats vs. cars or do not understand boat’s rules of the road and safety laws. While it is not required by law, boating education is the key to limiting boat accidents. As a result of the lack of legal requirements, many boat operators do not have the specialized knowledge needed to operate the vessel they are behind the wheel of. Boat drivers also need to understand the operating characteristics of boats that are heading toward them.

There are other safety procedures that can be used to eliminate or limit boating injuries. These include wearing life jackets or using “kill switches.” Kill switches turn off the engine if the boat operator is thrown from the driving position.

According to the U.S. Coast Guard, over 4,500 boating accidents occur in the United States each year. The Florida Fish and Wildlife Commission reports that 834 boating accidents and 73 boating related deaths occurred last year. This includes four missing persons who have not been accounted for. Florida has nearly 900,000 registered boats and nearly 1,000,000 non-registered boats. This makes Florida one of the top states for recreational boating. Not surprisingly, this also makes Florida one of the top states for boating accidents in the United States.

For example, in 2014, 51 boaters died. This included many that fell overboard. Drowning is the most frequent case of death while boating. It makes up 70 percent of all boating deaths. Boaters falling overboard are at significant risk of drowning, particularly if they are not wearing a lifejacket or other personal flotation device.

Have You Been Injured?

An operator of a vessel may be liable for damage caused while under the operator’s control. An experienced, qualified personal injury will assess the nature of your injury, the applicable laws and appropriate jurisdiction for your case. Whether your case is governed by the laws of Florida, or federal maritime law depends on the location of the accident. The statute of limitations and other rules vary between federal maritime laws and the laws of Florida. The attorneys at Madalon Law are well versed in both.

Poor decision making by boat operators can result in careless or reckless driving. One of the most common poor choices boaters make is operating a boat while under the influence of drugs or alcohol. Other poor choices include, but are not limited to, the following:

Operating a boat at a high rate of speed, including slamming into a big wave at a high rate of speed;
Crashing into other boats or objects;
Weaving the boat through congested traffic;
Overcrowding the boat; and
Allowing passengers to ride where they are in danger of falling overboard.

Boat operators are required to have proper safety equipment on the boat. Boaters should also be aware that any violation of the Federal Navigation Rules is also a violation of Florida law.

The Florida Fish and Wildlife Commission

According to the Florida Fish and Wildlife Commission, its officers, county sheriff deputies and other law enforcement officers may stop any boat to check compliance with safety equipment requirements. Those officers may also order the removal of any boat deemed a hazard to public safety and enforce all boating laws.

In the event of a boating accident, the boat operator must not leave the scene without first rendering whatever aid is appropriate. The boat operator must also provide notice to the Florida Fish and Wildlife Commission, the appropriate sheriff department or police chief of the municipality of the accident if there is a personal injury, death, disappearance of a person or damage to the boats or personal property of at least $2,000. Boat operators involved in an accident must provide his or her name, address and the identifying number of his or her vessel to the owner of the damaged property or other vessel.

Damages?

Individuals that are injured as a result of the negligence of a vessel operator may be entitled to compensation. This includes damages for pain and suffering, medical bills and lost wages. The laws governing recovery depends on a number of things, including the role of the plaintiff, was he or she an employee of the boat operator or a guest? It is also important to note that if the accident involves ignorance of the so called “Rules of the Road,” such a violation may give an injured party a rebuttable presumption that the boat operator is liable for any damages.

Boating Accident Attorneys

Qualified and experienced attorneys skilled in the area of Ft. Lauderdale boating accidents must be retained by plaintiffs involved in boating accidents. Maritime law is very different from land based law. It has its own pleading requirements and filing deadlines. The attorneys at Madalon Law have litigated boating cases in both state and federal court. If you have been injured in a boating accident, contact our office for a free consultation to discuss your case. There is no fee unless we recover for you.

If you are an avid boater, consider a boating safety app for your phone. The United States Coast Guard offers a boating app that has the following features:

The ability to report a hazard;
The ability to report suspicious activity;
The ability to report pollution;
The ability to locate the nearest National Oceanic and Atmospheric Administration (NOAA) buoy;
Access to Navigation Rules;
A guide to checking your safety equipment;
The ability to request a vessel safety check;
The opportunity to review the latest safety regulations;
The ability to file a float plan; and
The ability to request emergency assistance.

The Coast Guard is the boating safety coordinator for recreational boating. They work to minimize environmental harm, property damage, personal injury and loss of life. This is the first app created by the Coast Guard for preventive boater safety. The app provides the information and essential services that are most commonly requested by boaters. The app is available in Apple’s App Store for iOS devices, and on Google Play for Android devices.

The Story Behind the App

This app was born out of tragedy.

At the age of 17, Mr. Julian Romero joined the Coast Guard Auxiliary, which is an all volunteer group that supports the Coast Guard. At the time, Julian was the youngest Auxiliarist at Sector San Juan, according to his father. He studied at the Massachusetts Maritime Academy for one year, before transferring to the InterAmerican University in Puerto Rico. His plan was to join the active duty Coast Guard while studying to be a lawyer. On April 18, 2011, tragedy struck. Julian and his girlfriend went for a walk in the Old San Juan area of Puerto Rico. They were robbed at knifepoint by a 14 year old boy. Julian died of injuries while attempting to protect his girlfriend from the assault.

Because of Julian’s passion for the Coast Guard, his father Luis reached out to the Coast Guard and asked if he could sponsor a boating safety app for them. Julian did a lot of boat safety work in the auxiliary. Luis says, “In the Coast Guard, Julian found a great family. That same family was very good to us. When our son died they came to our help, and we came together to get through it as a family.”

The app was funded by Louis Romero, from Puerto Rico. Mr. Romero funded the app in honor of Julian’s memory. In addition to funding the creation of the app, Mr. Romero has committed to fund all updates and other support for the app’s lifespan. Mr. Romero notes that the app mirror’s his son’s drive to save lives and help others.

Location Services

Users have the option to enable or disable location services. When enabled, users can report locations of hazards on the water. They can also use location services to receive the latest weather reports from the closest National Oceanic and Atmospheric Administration weather buoys. The location services feature also allows boaters to call the closest Coast Guard command center in an emergency. When the app is not being used, neither the Coast Guard nor the app track the user’s location.

Safety Check

The Coast Guard offers safety checks for your boat. With this, you can request that the Coast Guard Auxiliary come to you to perform a safety check. This can save you time and keep you and your family safe.

Safety Equipment

The Coast Guard app includes a list of safety equipment. The list is based on the size and the propulsion of the boat.

Float Plan

If you forgot to file your float plan before you left, it is not too late! With the app, you can file your float plan and send it to your friends and family alike. The app allows the filer to provide details such as the estimated time of arrival, the description of the boat, a passenger list, a list of food and water on board, and the checklist of safety gear available on the boat. These details can assist the Coast Guard if an emergency presents itself and a boater is in trouble. The float plan is not sent to the Coast Guard directly. Rather, the idea is to forward the plan to friends or family, who could provide it to the Coast Guard in the case of an emergency.

State Boating Information

You can use the app to find information about boating that is state specific. This can come in quite handy during long trips.

Rules of the Road

The app includes detailed information about the rules of boating and boating safety.

Reporting Abilities

You can report pollution, suspicious activities, and possible hazards directly to the Coast Guard. As an example, the Coast Guard cites a situation where someone reported a submerged vessel that was blocking their way. The app allowed the reporter to provide a picture, longitude, and latitude to the Coast Guard.

Cautionary Note

This app is not intended to replace a marine VHF radio. The Coast Guard strongly recommends that all boaters have a marine VHF radio on their vessels. Additionally, this app is not intended to replace an Emergency Position Indicating Radio Beacon (EPIRB). This app is not a substitute for safe boating safety classes or the boater’s best judgment in a given situation. This app is simply designed to provide additional boating safety resources. According to Captain Joe Raymond, who is commander of the Coast Guard Sector Puget Sound, “The release of this mobile application is a step forward for the Coast Guard as we embrace new technologies. The intention is to make the information and resources more accessible to the boating public.”

If You Have Been Injured While Boating

If you have experienced an injury while boating, or if you have lost a loved one due to a boating incident, you may be entitled to compensation. Contact the experienced Florida accident attorneys at Madalon Law to discuss the facts and circumstances of your particular situation.