Your Rights After the Accident

The operator of a boat is responsible for operating their vessel in a safe manner. When they behave recklessly or negligently, they put everyone else on the water at risk. Their breach of duty means you may be able to hold them accountable for their actions. Whether you were a passenger of the vessel or were on another boat, you have two ways of handling the accident.

You can file an insurance claim against the driver and you can receive money for your injuries. Some people hesitate to do so because they are friends with the driver. However, a claim shouldn’t affect their finances. Instead, it will affect their insurance company. They are the ones responsible for paying for your damages.

Another option is to file a civil lawsuit against a negligent party. This could be the boat operator or someone else. For instance, a boat manufacturer may have made an unsafe vessel. Similarly, a boat mechanic could have ignored a serious problem. If their negligence contributed to the accident, they could be liable for the damage through a civil lawsuit. You may be eligible to receive money for your pain, medical expenses, and missed wages.

When Do You Have a Claim?

All of the following circumstances could result in a successful claim:

• Driver of the vessel was careless
• Vessel had maintenance issues
• Driver was boating under the influence
• Owner of the vessel didn’t have the proper safety equipment onboard
• Driver didn’t follow federal or state boating laws

However, you need to be able to demonstrate negligence. Our Fort Lauderdale boat accident attorney can collect the proof and represent you during negotiations or in a courtroom.

Causes of Boating Accidents

Boating accidents happen for many reasons. However, they are usually caused by inexperience, carelessness, or recklessness. All of the following are common examples of boating accidents.

Speeding

Just as driving a car at a high speed is dangerous, driving a boat at a high speed comes with many risks. One of the biggest dangers is hitting a wave or wake while speeding. In some cases, the impact could cause a passenger to fall or be thrown overboard.

Boating in Bad Weather

Before heading out on the boat, the driver should check the weather. If they knowingly drive into bad weather, they put their passengers at risk. Choppy waters and high winds can send passengers off the boat and into the water. Although the weather is partially to blame, the operator shares some of the responsibility.

Failure to Have Safety Equipment

According to boating laws, all vessels should be equipped with certain safety equipment. If an accident happens and the vessel does not have safety equipment, an injury can occur. Whether or not the driver was responsible for the initial accident, they are responsible for not having equipment that could remedy the situation.

Failure to Know Local Boating Laws

In Florida, there is no such thing as a boating license. However, operators of vessels are required to know the local boating laws. This doesn’t stop people from driving without knowledge of the laws. And sadly, this can result in an accident.

One of the most serious incidents caused by a lack of boating knowledge is a collision with another vessel. If a driver does not understand the right of way, they could hit another boat. The damage can be serious and may result in a fatality.

Boating Under the Influence

In Florida, boating under the influence of drugs or alcohol is illegal. The police have a right to request that a driver takes a sobriety test. If a driver fails to take the test, they could lose their right to boat or drive another vehicle. The legal limit for boating is the same as driving: .08. An operator who is over the limit faces jail time and fines.

If a boater is under the age of 21, their legal limit is .02. If they register anything more than that, they can face charges.

Regardless of the operator’s age, drinking and boating is a dangerous combination. An operator could make a bad decision and cause an accident. Their vision suffers, as does their ability to make smart choices.