Proving Fault in a Boating Accident: What You Should Know
Brian O Sutter
Personal Injury
Florida is popular for its beautiful waterways and lovely weather that are perfect for boating. However, boating accidents are also common.In this post, we’ll share with you the basics of proving fault in a boating accident.
Reporting a Boat Accident in Florida
Here in Florida, boating accidents that meet the following situations and requirements can be reported:
● A person dies
● A person is missing, suggesting that they may have been injured or have died
● A person suffered injuries that required more than simple first aid
● At least $2,000 worth of property and assets have been damaged
● The boat was completely damaged
The Most Common Types of Boating Accidents
A lot of boating accidents that occur in Florida are not due to natural causes such as bad weather. Most are caused by human fault. The most commonly reported accidents are the following:
● Crashes between boats - Florida is surrounded by water: the ocean, rivers, and lagoons. Naturally, boating is one of the top activities that both locals and tourists enjoy in the state. As a result, however, Florida’s waterways can become quite crowded, especially during the summer and areas like St. Petersburg. So, boat crashes are not uncommon.
● Hitting a boat’s wake - Boats create waves, which are called wakes. These wakes can be enormous, depending on the vessel that creates it. When another boat gets too close to big wakes, it can get overturned, resulting in an accident.
● Hitting a wave - Just like when hitting a wake, a boat can also be overturned when it hits a big wave.
● Hitting a land or fixed property - Harbors, buoys, and sandbanks, are just a few of the fixed entities that boat drivers need to be wary of. Hitting these fixed properties can lead to a brutal jolt, which can cause the boat to overturn or throw passengers overboard.
● Insufficient safety equipment - Boats and other vessels operating in Florida waterways are required to have safety equipment onboard. The lack of such equipment can lead to accidents.
Florida Boating Accidents: Who is Liable?
The liability for most boating accidents is commonly based on negligence, similar to that for auto accidents. The victim or accuser needs to prove that the driver of the boat supposedly at fault did not operate the vessel in a careful and harmless manner, resulting in an accident that caused injury and damage to property.
Proving Fault and Negligence in a Boating Accident
If you have been injured and fallen victim to a boating accident in Florida, you can definitely take legal action against the parties you believe are at fault.
However, if you want to strengthen your case, you need to show evidence of fault. Your wounds and injuries may not be enough to prove fault and negligence. Often, proving negligence is not easy. This is where the legal assistance of an experienced lawyer specializing in boat accidents come in handy.
All Injuries Law Firm has over 30 years of experience defending the rights of injured victims in Florida. If you need legal assistance in your boat accident case, get in touch with us today!