Boating is a family-friendly, popular activity throughout the year, and especially during the extra-warm months here in the Sunshine State of Florida. Incidents though happen on Florida’s waterway, and there are, of course, risks associated with this fun activity. Often, when a crash or other injury inducing incident occurs involving one or more boats, typically there was some form of negligence leading to the accident. If you were injured in a boat accident in Florida, you may have the right to bring a claim against any person or company that was negligent and caused your injuries and losses. This may include the boat operator or driver.
At Hersh Kirtman Injury Law, our team of personal injury lawyers has extensive experience helping clients who have suffered injuries in boating accidents in Florida. Our personal injury law firm provides legal assistance and guidance to clients in their time of need as they pursue fair compensation after a negligent party caused the incident that left them harmed. Our team of Florida boat accident lawyers have a track record of success and are passionate about protecting, guiding, and advocating for you.
Who Can Be Liable for a Boating Accident in Florida
If you were injured in a boating accident, there are various potentially responsible parties who may be held liable for causing the boating accident that left you injured. Every boating accident is different, so the responsible party or parties will depend heavily on the specific details of your boating accident case.
Some of the parties may be responsible for a boating accident in Florida include:
- The boat operator or driver
- Another passenger on the vessel
- The operator or driver of another boat involved in the crash
- The manufacturer or distributor of the vessel or the manufacturer or distributor of a component part of the vessel if the crash resulted from a malfunction or defect
- The owner of the boat
- A charter or tour company
There are various parties who could potentially be liable in a boating accident. Determining who may be responsible requires investigating the crash itself as well as all parties involved in the ownership and operation of the vessels involved in the incident. With the help of a trusted boating accident lawyer, you can rest assured that the responsible parties will be identified.
Proving Negligence After a Florida Boating Accident
Once the potentially liable parties have been identified in your boating accident case, your attorney must gather and analyze all available evidence to determine whether liability can be established. To prevail in a claim involving a boating accident, you must establish, through evidence, all of the elements of the claim you are bringing and pursuing. This of course requires gathering evidence, which may include the vessels involved, the component parts, witness statements, video or photographic depictions, and other materials.
To prove liability in a negligence suit arising from a Florida boat accident, you must establish the following four elements of negligence:
- The liable party owed you a duty of care
- The duty of care owed to you was breached by the liable party
- The breach of duty led to your boat accident and consequential injuries
- You suffered losses as a result of their negligence
In boating incident cases, the issue of whether someone breached a duty of care is often the most critical of the elements. Common instances of breach by a boat operator or driver include speeding, distracted operation, inattentiveness, inexperience, and alcohol or drug use.
Understand that the specific laws applicable to your claim may also depend on which waterway the crash occurred on. In some instances, Florida law applies and in other instances maritime law applies. This distinction causes boating crash cases to have additional complexity.
If you have been injured in a boating incident, begin the process by contacting a boat accident lawyer today.
Pursuing Justice After Your Florida Boat Accident
Suffering a boat accident injury as a result of a negligent party’s actions can be horrible and life changing. To pursue justice and seek to hold the liable party responsible for the harm you suffered, speak to one of our skilled personal injury lawyers.
At Hersh Kirtman Injury Law, we provide clients with the experience and protective representation they deserve after they are harmed due to a boating accident. To schedule a free case evaluation with one of our Florida boat accident lawyers, contact us today by filling out our contact form or giving us a call at (561) 208-3700.
