Florida’s waterways stay busy throughout the year, and a serious boating accident can leave an injured person with immediate questions about fault and insurance. A boating accident lawyer in Florida can review what happened and pursue a claim against the responsible party.
The first account of a boat crash may not explain why it happened or who should be responsible. A Florida personal injury lawyer can review the records and look for evidence that adds context to the initial report.
The Schiller Kessler Group brings over three decades of experience to serious injury cases across Florida. If a boat crash hurt you or your family, we can review the facts and explain your options. Reach out to us today.
Why Boating Accident Cases in Florida Require a Careful Legal Review
Boats move through Florida’s bays, rivers, and coastal waterways every day of the year. After a crash, figuring out what went wrong can take more than a quick look at the scene or the first account given to investigators.
A car accident scene may have road markings and traffic cameras to help piece together what happened. A boat crash leaves far less obvious evidence behind, and what does exist can change or disappear before an investigation even begins.
We examine the available evidence in a boating accident case, including the crash report, operator logs, vessel maintenance records, and witness statements. The first report may leave questions unanswered, especially when the other side disputes how the collision happened.
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Common Causes of Boat Crashes on Florida’s Waterways
Florida’s lakes, rivers, bays, and coastal waters bring together experienced boaters and people who are still learning. When a crash happens, figuring out why it happened is one of the first steps in deciding who may be responsible.
The most common contributing factors in Florida boating accidents include the following:
- Operator inattention or distraction while underway
- Inexperienced operators unfamiliar with local waterway rules
- Excessive speed in congested or restricted areas
- Alcohol or drug use by the vessel operator
- Failure to maintain a proper lookout for other vessels or swimmers
- Mechanical failure connected to poor vessel maintenance
- Violations of no-wake zones or posted speed restrictions
The evidence can look very different from one boating crash to the next. A collision caused by speed may require a different review than one involving vessel maintenance or an impaired operator.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Who Can Be Held Responsible for a Florida Boating Accident
The person operating the boat is usually the first party examined after a crash. If careless operation contributed to the collision, that operator may be liable for the injuries or death that followed.
Responsibility could also extend to a business connected to the vessel. A rental company, maintenance provider, or manufacturer may also be liable when its own conduct contributed to the accident.
More than one party can share fault in the same case. A Florida boating accident claim may require a separate look at each person or company whose actions played a part in what happened.
What a Florida Boating Accident Lawyer Does to Build Your Claim
A boating claim can depend on records that are easy to lose once time passes. A Florida boating accident attorney can request vessel data, contact witnesses, and ask businesses to preserve footage or other records associated with the crash.
We look past the immediate medical bills and factor in what the injury costs a person long term. That includes reduced earning capacity, future treatment needs, and how the injury changes daily life in ways that do not show up on a hospital invoice.
We prepare the claim with the possibility of trial in mind, even when settlement remains the goal. That means the evidence, damages, and liability arguments are developed before serious negotiations begin with the insurance company.
Damages Available After a Florida Boating Accident
The financial effects of a boating accident can start within days of the crash. Time away from work may reduce household income just as treatment costs begin to grow, leaving an injured person dealing with expenses they never expected.
A full damages review looks at what the injury has cost so far and what it may continue to cost. That can include treatment, time away from work, and the personal impact of pain or physical limits that continue after the crash.
When a boating accident causes a death, Florida Statutes § 768.19 may give surviving family members a basis for a wrongful death claim. The personal representative brings the case, and the available damages depend on each survivor’s relationship to the person who died.
Florida’s Fault Rules and Filing Deadline for Boating Accident Claims
A two-year deadline applies to most Florida negligence lawsuits under Florida Statutes § 95.11(5)(a). In a boating case, federal maritime law may also control part of the claim, which can affect how long the injured person has to take legal action.
Florida generally follows a modified comparative negligence rule. However, when federal maritime law governs a boating accident claim, different comparative fault rules may apply. An attorney can determine which law controls and how the injured person’s share of fault may affect the amount they can recover.
Insurance companies look for any opening to place more blame on the injured person. An attorney who addresses that argument early, with strong evidence and a clear account of how the crash unfolded, can protect the value of the claim before an insurer’s version of events takes hold.
Contact a Florida Boating Accident Lawyer for a Free Consultation
The first accident report may not answer every question about a boating crash. A boating accident lawyer in Florida can compare that report with the rest of the evidence and challenge an insurer’s version of fault when the facts do not support it.
We have successfully helped secure compensation for over 30,000 Florida injury victims. Our team can look at what happened, identify the issues that may affect the claim, and explain the next steps based on the facts.
Contact The Schiller Kessler Group today for a free consultation. We handle cases on a contingency basis, so you pay nothing unless we recover compensation for you.
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