Florida Injury Lawyer Blog

Statistics show that over twelve million Americans take cruses annually, and while in many cases these vacations are fun-filled and sun-drenched days of fun, for some passengers these cruises become a real cause for concern. Although cruise lines do not release statistics about on-board deaths and injuries, families have been coming forward with tales of missing persons, accidental deaths, and serious injury onboard.

Florida is one of the most popular states for cruises, with many cruise ships leaving and visiting the Port of Everglades, the Port of Palm Beach, the Port of Miami, the Port of Tampa, and the Port of Canaveral each year. As a result, there is natural concern in the state about the safety of cruise ships and cruise vacations. The Broward County Medical Examiner’s Office reported 97 cruise ship deaths between 1999 and 2007 while the Miami Dade County Medical Examiner’s Office has reported 33 such fatalities between 2004 and 2007.

Part of the reason for deaths on board cruise ships is the older age of passengers. According to some cruise line industry sources, the average age on cruise ships is 49 and on some ships, the average age is much higher. Therefore, the majority of cruise ship deaths are due to natural causes. According to the medical investigators who investigate all cruise ship deaths in the US, the majority of deaths are caused by heart attacks, strokes, and other medical reasons.

However, some Miami cruise ship injuries and deaths are due to preventable causes. Miami slip and fall accidents, for example, can be common on cruises, as the ships are in motion and since water can get on board the decks in some cases. Some cruise ships have narrow stairs, which can also pose a fall hazard.

In the past few years, a number of legal actions have been initiated after cruise ship passengers have drowned, sustained pool accidents, and have sustained other accidents. Some lawsuits have also been launched due to Miami accidental deaths on board cruise ships. Cruise lines have a responsibility to keep passengers safe and when sliding doors or bunk beds do not function, when hatches are left open, and when mooring lines are not secured correctly, passengers do have legal remedies for any injuries they suffer as a result.

Passengers can seek to reclaim the costs of transportation to medical facilities, the costs of medical care, and any related expenses caused by an accident. Even with travel insurance, the costs of being injured aboard a cruise ship can be substantial.

If you have sustained a personal injury while on board a cruise ship, it is important to speak to a qualified Miami personal injury attorney right away. There is a one year statute of limitations on many cruise ship accident and injury claims, so delaying legal action could mean that you lose the ability to seek legal redress. Cruise ship lawsuits are also complex because cruise ship companies can choose which jurisdiction any legal cases will take place. Filing in the wrong jurisdiction could have a negative impact on your case.

Continue reading "Miami Accidental Death and Injuries on Cruise Ships: What You Need to Know Before You Set Sail" »

The message about Florida drunk driving accidents has been out for a long time. However, boating under the influence is still a major concern in the state. Experts estimate that one in four fatal boating accidents are caused by intoxication or drug use, and Florida has more boating accidents than any other state in the United States. According to experts, there are many reasons why boating accidents caused by BUI (boating under the influence) are so hard to prevent:

1) Less awareness. Since the 1980s, many organizations have worked to create awareness about DUI. The dangers of drinking and driving are stressed in media campaigns and in driving instruction. Young drivers are encouraged to sign pledges not to drink and drive. According to experts, there is less awareness about the dangers of BUI and less social pressure to avoid BUI.

2) Conditions on the water can aggravate the effects of alcohol. The sun, wind, and vibration of the boat can make the effects of alcohol more pronounced. These factors can also distract a boater even more and can even make it harder for a boater to notice intoxication, according to some experts.

3) According to the Coast Guard, intoxication can create an inner ear imbalance which can make it hard for someone to tell the difference between up and down. This ear disturbance can make someone feel more intoxicated than they really are and can create a drowning hazard if someone intoxicated is thrown into the water. Someone who is intoxicated can easily become disoriented in the water, and have a hard time swimming to safety.

4) Most boaters are more confident and familiar with cars than boats. Even experienced boaters spend more time in cars than in boats, and most boaters spend a fraction of the time in water than they do in a car.

5) Boating conditions can lead to dehydration, which can exacerbate the effects of alcohol. According to the Alcohol Abuse and Alcoholism, drinking alcohol can lead to dehydration, and dehydration can make the effects of alcohol more pronounced. Boating usually involves hot, sunny days, which can easily lead to dehydration.

Even with all of these factors making BUI more likely, there is much that can be done. State, local, and federal authorities have been working to patrol Florida waterways more closely. In 2010, 323 BUI citations were written in Florida as a result of these efforts. As well, authorities and media outlets are making a larger effort to warn boaters about the dangers of boating under the influence. Hopefully, these efforts will help prevent Florida boating accidents this year and in the years to come.

Continue reading "Why Florida Boating Accidents Caused by Alcohol are Still so Hard to Prevent " »

Florida drivers have repeatedly been warned about the dangers of Florida drunk driving accidents. There are in fact many laws in place to prevent such accidents from taking place: among them, a law that makes it illegal to drive in Florida with an open liquor container. Boaters, however, are also vulnerable to operating under the influence. However, the laws affecting boaters are different. In Florida, boaters are allowed to drink and to have open containers of alcohol. However, it is illegal to operate a boat while under the influence of drugs or alcohol.

Authorities in Florida want to raise awareness about boating under the influence (BUI), which can be just as dangerous as driving under the influence. According to the Florida Fish and Wildlife Conservation Commission, impairment in a boat can be just as dangerous as impairment in a car, but many people do not see the two as the same. While the work of Mothers Against Drunk Driving (MADD) and other organizations have raised awareness about the dangers of DUI, authorities claim that work still needs to be done to raise awareness about the dangers of BUI.

The problem is especially a big concern in Florida, which has the most registered boats in the US – and the largest number of boating accidents. According to National Association of Boating Law Administrators, Florida boat accidents and BUI incidents increase during the summer, especially near holiday weekends. Florida has taken steps to reduce the number of fatal Florida boating accidents. For example, local and Florida authorities are working with federal authorities this summer to patrol Florida's water ways. Authorities have also reported plans for plenty of routine safety inspections on Florida's waters this year, especially near holidays.

According to authorities, if a boater in Florida is found to be operating a boat while intoxicated, the boat can be impounded and the boater can be charged. The boater can face jail time, fines, and even the permanent loss of boating privileges. The Coast Guard has developed a set of standards to help authorities test boaters for inebriation. This allows authorities to test boaters without the boaters having to stand or perform the tests which are routine in a suspected DUI test. The Coast Guard standards are intended to help authorities determine whether a boat operator likely has a blood alcohol content of 0.08 or more.

In Florida and across the US, BUI is a serious problem. According to some authorities, drugs and alcohol are a factor in about one quarter of fatal boating accidents. Just like driving drunk, boating drunk can delay response times and can lead to sleepiness or vision impairment. Worse, authorities point out that the wind, sun, and water can actually intensify the effects of alcohol in a boat.

Continue reading "Authorities Target Florida Boating Accidents Caused by BUI" »

Now that summer is well under way, many states – Florida among them – want to put a stop to drunk boating accidents. While Florida drunk driving accidents are a cause for concern, many people do not realize that boating while intoxicated causes some of the same dangers. Many states this year are creating initiatives to help reduce boating accidents caused by alcohol consumption.

Studies show that alcohol is the chief reason behind boating accidents. According to the US Coast Guard, there are 12.4 million registered boats in the US. In 2010, there were 330 alcohol-related boating accidents across the country, resulting in 126 deaths and 293 injuries. Florida has a special role to play in preventing boating accidents. The state has many waterways, a larger percentage of boat owners than most states, and a significant percentage of boat accidents.

Many experts point out that the comparisons between intoxicated boating and drunk driving and apt. Boats can weigh a ton or more – as much as a passenger vehicle. Unlike a car, however, boats do not travel along lanes of traffic and do not have the advantage of traffic signs and brakes. This can make it even easier for an intoxicated boater to plow into another boat or into a swimmer.

As well, boating involves some additional dangers. Boaters experience direct sunlight, the vibration of the boat, wind and noise on the open water, and the heat of the sun. These can amplify alcohol's effects, warn experts, especially in Florida, where temperatures and sunlight can be more intense. According to boating safety coordinator, Maj. Chris Huebner, quoted in a news article, one third of the alcohol required on land to become impaired can make a boater impaired. This is due to the stress factors of boating which can intensify the effects of alcohol.

Some legislation has been proposed to fight drunk boating. The National Association of State Boating Law Administrators, for example, has proposed a national standard for marine field sobriety tests. If passed, the proposal would allow authorities to test boaters' blood alcohol levels while the boaters are seated. Some states – including Oklahoma and Iowa – have lowered the legal blood alcohol level of boaters to the levels required of drivers (0.08%). Each year, authorities and police departments across the country also take part in "Operation Dry Water" to raise awareness about boating under the influence and to remove intoxicated boaters from waterways. In 2010, 12 boaters were charged with boating under the influence (BUI) during the Operation Dry Water weekend.

Continue reading "Florida Wants to Crack Down on Boating Accidents Caused by BUI" »

Every spring and summer, Florida's many rivers and bays attract boaters, fishers, and swimmers. However, while Florida usually leads the country in terms of the number of registered vessels (just under one million) it usually also leads America in the number of fatal boating accidents. Sadly, many of these accidents are preventable. In 2009, The Florida Fish and Wildlife Commission (FWC) reported that there were 65 fatal Florida boating accidents and 620 reported boating accidents in the state. The majority of boating accident fatalities are caused by drowning, and in many cases this could be prevented with the proper use of a life jacket. According to the FWC, many boating accidents can be prevented if boaters took the following precautions:

1) Took a boating safety course. Statistics from the FWC show that those who are most likely to be in a Florida boating accident are males who have boating experience but who have never taken a boating course. Experts agree that formal boating education can help prevent accidents.

2) Used life jackets every time. Everyone in a boat should be given correctly-sized life jackets and should wear them properly worn, the entire time that the boat is in the water. Life jackets are one of the easiest ways to prevent drowning deaths.

3) Stored an emergency kit on board. A good emergency kit should include flares, fire extinguishers, a first air kit, VHF radio, GPS, cell phone, and other necessities. Everyone on board should know where these items are found and how they are to be used.

4) Avoided alcohol and drugs when boating. Just as Florida drunk driving accidents cause countless tragedies, so do boating accidents caused by drinking. Boating requires focus and attention. Boaters who drink or do drugs cannot control their vessels and may not be able to react in time to avoid collisions or other hazards.

5) Reviewed boating safety often. Refresher courses are available for boaters, and there are many online resources, including the safety guide from the U.S. Foundation for Boating Safety and Clean Water (www.BoatUS.com/ Foundation/Toolbox) and the FWC site (www.myfwc.com/boating/safety-education). Boating safety basics should be reviewed at least once a season.

Continue reading "Preventing Florida Boating Accidents This Summer" »

According to the Florida Fish and Wildlife Conservation Commission (FWC), a few common mistakes tend to cause many Florida boating accidents. To prevent the Florida brain injuries and drowning which cause the majority of boating fatalities, follow the FWC’s tips for safe boating:

1) Avoid causing an imbalance in a watercraft. If you are in a canoe or a small rowboat, avoid standing up. This can cause the boat to tip and can cause the boat to get off-balance. Standing up also increases the chances that you will lose your balance and fall into the water.

2) Never drink or use drugs when operating a boat. Just as alcohol causes many fatal Florida drunk driving accidents each year, it also causes a large proportion of boating accidents in the state. If you plan to drink, make sure you have at least one designated boater who is qualified to bring you back to shore.

3) Wear a life jacket each time you head out on the water. While the law does not require you to always wear a life jacket, it is the best practice to keep you safe. In many cases, Florida boating accident fatalities can be prevented by the correct use of life jackets. As well, boaters can face considerable fines if life jackets are not easily accessible, removed from their packaging, and within easy reach of boaters. Where possible, ensure that your life jacket comes with a whistle. In an accident, this simple safety feature can save your life.

4) Take a boating course. No matter what age you are, a boating safety course can teach you tips and procedures for avoiding or surviving an accident.

5) Before boating, alert friends and family where you will be going and when you will be back. This way, if you fail to show up, your loved ones can get help to you quickly. If you capsize or your boat is no longer operational, remain with the boat. Rescuers will look for your boat first, and it will generally be easy to spot. Do not attempt to swim to shore unless you have no other options or unless the shore is very close.

Continue reading "Preventing Florida Boating Accidents with the FWC" »

According to new statistics, the majority of boaters involved in Florida boating accidents between 2004 and 2009 have never taken boating safety training. In fact, up to 90% of boaters involved in accidents have failed to take safety training. In many cases, these people rely on common sense or experience. However, the statistics suggest that formal training may be crucial in helping boaters avoid accidents.

According to experts, many Florida boating accidents are caused by lack of formal training, lack of life jackets, and carelessness on the water. Authorities are worried that people continue to die as a result of Florida brain injuries and drownings resulting from boating accidents. Despite more legislation, awareness campaigns, and stepped-up enforcement, Florida is still notorious for boating accidents.

According to the Florida Fish and Wildlife Conservation Commission (FWC), there have been 97 boating accident fatalities in Central Florida alone since 2004. Another 350 boaters sustained injuries in accidents during the same time period. Orange county and Polk county have the highest rates of boating accident fatalities, according to the Florida Fish and Wildlife Conservation Commission. Statewide, there were over 400 Florida boating accident fatalities and 2400 injuries between 2004 and 2009. According to the most recent 2009 data, 60% of boaters involved in fatal Florida accidents had over 100 hours of boating experience. In about 70% of these accidents, death was due to drowning.

As the number of registered boats in Florida continues to rise and as Florida hangs on to the dubious distinction of having one of the highest boating accident rates in the nation, law enforcement officials are concerned and searching for new ways to help prevent accidents on the state’s waterways. One new law should help. A new law passed by the Florida Legislature last year makes it mandatory for anyone who was born on or after Jan. 1, 1988 to complete basic boating safety courses before operating a boat. The FWC says the law is a good start but doesn’t go far enough in requiring older boaters to get needed training, too.

Advocates for improved boating safety are concerned that the new law does not ensure that everyone gets safety training. They are also disappointed that regulations placing stricter controls on alcohol use and life jacket use have not been implemented. Many experts say that requiring life jackets and making drinking and boating illegal – and punishable by large fines – could remove two key causes of Florida boating accidents.

Continue reading "Majority of Those in Florida Boating Accidents Have Failed to Take Training" »

Florida boating accidents do not always just involve boats. Parasailing accidents are also quite common on Florida’s waters. However, despite liability lawsuits and attempts to pass new legislation, parasailing is not as regulated an industry as some would like. In 2008, Rep. Carl Domino, R-Jupiter proposed a bill which would have required boat owners offering parasailing to meet certain standards and to carry liability insurance. The bill failed to pass committee.

In 2004, after two teenage girls were killed in a Florida parasailing accident, Sen. Jim Sebesta, R-St. Petersburg tried to pass some regulations to impose standards for operations and equipment of parasailing companies. The regulations failed to pass, despite a great deal of publicity and support.

Many experts believe that Florida needs parasailing regulations and standards because Florida is a magnet for the sport. Although there is no regulation for the sport and therefore no specific knowledge about the number of commercial parasail companies in Florida, according to The Florida Fish and Wildlife Conservation Commission, there are approximately 70-120 such businesses in Florida.

While parasailing can be fun, it can also be dangerous. According to The Parasailing Safety Council, there have been 380 parasailing accidents in the US between 1990 and 2009. These resulted in 22 fatalities and 78 serious injuries. In many cases, accidents occur when lines break, causing the parasail fan to go careening out of control. Often, the victim will travel through water and may even hit land, sustaining serious injuries. Many victims of parasailing are Florida brain injury patients or spinal cord injury patients. The force with which the victim is thrown usually results in serious injuries.

In addition to snapped lines, other things can go wrong, too. There is a risk of drowning with parasailing, especially in cases where there are problems with the equipment. Any Florida boating accident or malfunction affecting the boat can also affect the lines and the safety of the parasailer. Sudden weather changes can also cause an accident.

The U.S. Coast Guard is expected to release a report about the parasailing industry next month, complete with recommendations about regulations for the industry. Another parasailing accident over the 2010 Labor Day weekend has resulted in more publicity and attention to this type of boating accident.

Officers from the Florida Fish and Wildlife Conservation Commission have said that they will be out in force this holiday weekend, to prevent Florida boating accidents. The officers are especially concerned about the tendency of some boaters to head out on the water after consuming alcohol or drugs. Boats and alcohol or drugs can create as many serious injuries and fatalities as Florida drunk driving accidents, the Florida Fish and Wildlife Conservation Commission claims.

According to officers, there are many reasons why boating and drinking don’t mix. First, the effects of alcohol and drugs can be intensified by the glare and the motion of the water, making someone feel the effects of alcohol much sooner than they normally would. As well, boaters who boat and drive often drink and drive as well when they haul their boats home, increasing their risk of causing a Florida car accident. During the holiday weekend, more boaters will also likely be on the water, increasing the risk of accidents and necessitating all boaters to remain focused and sober. There are many laws surrounding drinking and boating:

1) Operating a boat under the influence of drugs or alcohol is sometimes referred to as BUI and is illegal under Florida laws. If you are stopped by an officer who has cause to believe you may be BUI, you may be asked to submit to testing for sobriety and blood alcohol levels.

2) If you are boating with a blood or breath alcohol level of 0.08 or above, you are violating Florida BUI laws. Any boaters under the age of 21 years of age are considering to be BUI if they are boating with a breath alcohol level of 0.02 or more.

3) Many things can lead to additional penalties if you are accused of BUI. Previous DUI convictions, for example, can make the penalties for your BUI more severe. Also, if you are found to be operating a boat while under the influence with a child on board, you will generally face additional fines and penalties.

There are about one million registered boaters in Florida. In 2009, 65 people were killed in Florid boating accidents. In about 70% of these fatal accidents, the victims drowned after a boat capsized or after the victim fell overboard. Wearing proper safety gear (including lifejackets) and avoiding alcohol when boating can help make 2010 a safe boating season for everyone.

Many of the boating accidents which make it into the news involve motorized boats. However, many Florida boating accidents in fact involve small man-powered boats such as canoes or kayaks. Just because these boats do not have motors, this does not make them perfectly safe. They can still result in accidents, near-drowning, and serious injuries. Each year, for example, some Florida head injuries occur when people who are canoeing or kayaking run into trouble.

According to the National Safety Council and The American Canoe Association, there are several things Florida kayakers and canoe enthusiasts can do to stay safe in the water:

1) It is best to travel with at least three boating buddies and two canoes or kayaks. This helps ensure that if you run into trouble, there is another craft to help you – as well as others who can get help.

2) Learn boating skills before you head out in the water. Since canoes and kayaks do not make use of engines or motors and since paddlers can head out on calm waters, some mistakenly believe that there are no dangers. Tragically, some people even allow their children to kayak or canoe alone, believing that the quiet activity is safe. Even still waters can contain high waters, rocks, and other dangers. As well, quiet waters can quickly become fast-moving streams that can overwhelm an inexperienced boater. Florida offers many boating classes for kayakers and canoe enthusiasts as well as other types of boaters. These classes can help you boat safely, no matter what type of craft you choose.

3) Even experienced boaters can run into trouble on new waterways. It is always important to familiarize yourself thoroughly with a body of water before you attempt to take your craft out on it.

4) Determine your comfort level and skill level before heading out in the water. Even if you are a seasoned kayaker, a whitewater rafting adventure in a remote area may be too much for you. Stick with your comfort level and build your skill level gradually before taking on new challenges.

5) Wear the correct safety gear. If you are on whitewater rapids or fast-moving streams, you may need a helmet. Many Florida head injuries caused by boating accidents take place because a patient was not wearing adequate head protection. Good safety gear can help prevent many accidents. Whether you kayak or canoe, wear your life jacket each time you head out on the water.

Florida has many waterways and this means many opportunities for boating. While boating enthusiasts love this time of year for the recreational opportunities it offers, Florida authorities as well as the United States Coast Guard (USCG) like to remind boaters at this time of year that most boating accidents are preventable. Nevertheless, each year Florida boating accidents cause serious personal injuries, fatalities, and property damage.

According to authorities, most Florida boating accidents are caused by operator distraction, negligence, passenger behavior, speeding, and DUI. Just as in Florida drunk driving car accidents, alcohol contributes to far too many boating accidents in the area. Some experts believe that as many as 21% of all fatal boating accidents are caused at least in part by alcohol consumption.

Boaters may also want to brush up on their skills and boat operation training. According to experts, about three quarters of all fatal boating accidents are caused by operators who lack any formal boating training. Classes are widely available and many are quite affordable, so there is no excuse for ignorance. Life jacket use is also always essential when boating. Statistics show that in most boating accidents, drowning causes the most fatalities. In 90% of these fatalities, life jackets were not worn, making these fatalities very preventable. Life jackets should always be correctly worn whenever near the water.

A good pre-boating check can help prevent many Florida boating accidents. Before getting in a boat, ensure that you have enough life jackets for everyone and insist that everyone wear a life jacket at all times. Check weather and marine temperatures before leaving and avoid boating in poor weather. Just as with Florida car accidents, weather plays a key role in many local boating accidents. Rough weather can cause huge waves, rough seas, and poor visibility.

Before heading out in the water, check all equipment to make sure it is in good shape. Have your boat checked and maintained regularly by a qualified professional. The better your boat operates, the better it will respond in bad conditions. A well-tuned boat can mean the difference between surviving an emergency situation and not. Also, before heading out in the water, make sure that all passengers have good swimming ability. Since drowning is the leading cause of fatalities in boating accidents, strong swimming skills can help prevent tragedy.

As the weather gets warmer and more mild, many boating enthusiasts take the opportunity to indulge in some boating. Whether you are heading out in a yacht or a speedboat, however, it is important to review boating safety. Above all, you will want to ensure that you:

1) Take proper boating safety instruction. Boating instruction can help you become a safer boater. Even if you already have basic boating instruction, you may wish to take some refresher courses before taking out your boat for the first time. This will help ensure that you know what to do in an emergency.

2) Avoid boating and drinking. Just as alcohol can cause drunk driving accidents, it can also impair judgment and lead to boating accidents. Many fatal boating accidents each year occur because someone in charge of a boat was intoxicated. Do not let this happen to you. In addition to alcohol, be wary of other controlled substances. Even prescribed and over-the-counter medications can make you drowsy and can make you unsafe on the water. Check labels and speak to your pharmacist.

3) Wear proper life jackets and safety gear. Anyone who steps on your boat should be wearing sturdy shoes and should put on a life vest at once. Life vests help keep you safe. Even if you sustain a head injury in a boating accident, a life jacket can help keep you afloat and can help rescue crews find you. A life jacket can save your life.

4) Keep your boat in good repair. Before each trip, make sure that your boat is in good mechanical condition. Defects and problems can affect the safe operation of your craft. It is important to get your boat regularly serviced to keep it operational and safe. It is especially important to have your boat checked for safety and good repair after a long winter in storage.

5) Avoid speeding. Speed is a factor in many boating accidents. When you speed on the water, the results can be just as devastating as when you speed on land. When you drive your boat too fast, you risk losing control of the craft, colliding with other objects in the water, and causing damage to your boat. Always operate your craft at a safe speed.

Each year, far too many boating accidents in Florida claim lives and cause serious brain injuries, spinal cord injuries and other serious injuries. In many cases, injuries and even some fatalities could be prevented with the correct use of life jackets. Now that spring has come, more people will be enjoying Florida’s waterways. It’s a good time to reflect on the importance of life jackets.

Today’s life jackets are lighter and more flexible than past models, so that they are more comfortable to wear. If you avoid wearing a life jacket because your current jacket restricts movement, consider one of the newer jackets. It could save your life. A new life jacket costs around sixty dollars and could be one of the best investments you make.

The newer jacket models come in two styles. One fits over the shoulders like a pair of suspenders. The other wraps around the waist like a large belt. Both allow for more mobility of the torso and the arms than older models. Non-swimmers and children, however, should wear regular life jackets (not the inflatable kind).

Federal laws mandate that each boat have one life jacket for each person on the boat. If you are just getting your boat ready for the summer and hope to have guests on board, it’s a good time to buy a few extra life jackets to have on hand. The Florida Fish and Wildlife Conservation Commission notes that wearing a life jacket should be as basic and as reflexive as buckling up when in a car. Despite this, it appears that many are not getting the message. According to the Personal Flotation Device Manufacturers Association 70% of all fatalities related to boats are the result of drowning, and the majority of these deaths are preventable since most victims were not wearing a life jacket.

The Personal Flotation Device Manufacturers Association reports that 85% of drowning victims who died a boating-related death were not wearing a life jacket. Florida leads the nation in number of boating-related deaths. The majority of these deaths are caused by drowning. In Florida, there is an average of one fatality a week related to boating. In 2005, Florida saw 78 fatalities related to boating, saw 68 boating-related fatalities in 2006 and 75 deaths in 2007.

Boating fatalities caused by drowning are usually caused by boaters falling overboard. In many cases, these falls overboard happen in smaller vessels of less than 17 feet, but falls can happen on board any boat. Drinking on board can lead to loss of coordination which can lead to a fall. Simple inattention or bad weather can also contribute to falls.

Generally, if you think you might need a Florida personal injury attorney because you have been in a boating accident, you generally do need an attorney. In fact, most people who have sustained personal injury as a result of a boating accident need a good attorney. This is because when you have been in a boating accident, you will be dealing with insurance providers. Without legal help, you may not have the negotiation skills to get your claim considered in a speedy and fair manner. A Florida personal injury attorney can help you:

1) Minimize the financial impact of the accident. Boating accidents do not just cause spinal cord injuries and serious personal injuries; they also cause financial injuries. After an accident, you may have large medical bills to cover and you may need to repair or even replace your boat. An attorney can ensure that these costs do not come from your own pocket.

2) Get excellent medical care. An attorney can help ensure that you have the financial resources to get all the medical care you need to make the fullest recovery possible. For example, if you have sustained burn injury as a result of a boat accident, an attorney can seek help so that you can afford reconstructive surgeries. If you need long term physical therapy, an attorney can ensure that you get these treatment as well. Without an attorney’s help, you may find that insurance providers consider many treatments “optional” and therefore not covered.

3) Negotiate effectively. Most boating accidents require negotiating with an insurance provider and insurance providers are interested in keeping costs low. Many providers make initial low offers and in many cases these offers do not fully cover the costs of an accident. An attorney can negotiate on your behalf so that your claim is treated fairly.

4) Find answers. Do you know what caused your accident? Your attorney can help you find out. If your accident was caused by someone’s recklessness, a boat malfunction or another cause, an attorney can help you get answers and can even help to ensure that others are not harmed by the same problem.

5) Protect your interests. If you have been accused of causing a boating accident, you need a good attorney. An attorney can ensure that you are not held liable if an accident was not your fault. This is crucial if you want to avoid lawsuits and increased insurance premiums.

Now that many visitors are arriving in Florida for vacations and Florida residents are taking their own breaks from work, renting a personal watercraft has become the thing to do. At this time of year, rentals of boats are big business, but many rental companies are worried about accidents. Many rental companies don’t even rent boats to those below the age of 22, citing safety hazards. Many rental companies refuse to rent to young boaters because the majority of accidents that occur with rental boats occur within that age bracket.

Some rental companies are willing to take the risk, but would-be boaters need to be aware that 16 and 17-year-olds usually need a parent’s signature in order to rent a boat. In Florida, if you are under 22 years of age and want to rent a boat, you first need to complete a boater safety course. This involves watching an instructional video and passing a multiple-choice test. Once you have passed the test, you can have a permit that is valid for up to one year. With this permit, you can rent a boat and take it on the water.

The Florida Fish and Wildlife Conservation Committee notes that these rules are in place since most accidents occur because boat renters do not understand how to safely operate personal watercraft. Many rented boats are very fast and boaters lose steering when they take off the throttle. Those renters who are not familiar with jet driven boats often lose control, and according to the Florida Fish and Wildlife Conservation Committee, many boat accidents involving rented boats are off-throttle accidents.

Boating accidents can be quite serious. They can cause broken limbs, fractures, head injuries, spinal cord injuries, and even fatalities. In some cases, property damage can result from a boating accident. In accidents where a boat catches on fire, passengers and boat operators risk burn injuries, too.

Although most industry experts agree that first-time boat renters are most likely to be in a boating accident, there is some disagreement about which renters are at most risk. While some renters allege that younger boaters are most apt to be in accidents, the Florida Fish and Wildlife Conservation Committee alleges that accidents occur across all age groups and most fatalities in fact occur with older boater renters, who do not need to take the safety course before renting.

According to the Florida Fish and Wildlife Conservation Committee, boating accidents have in fact been on the decline. 161 boating accidents were reported in 2007, compared to 303 in 2002. Most of the time, boaters were either changing directions or cruising at the time of the accident. Most accidents included a collision between two vehicles and inattention was credited as the most frequent cause of accidents.

Florida’s coastlines and many rivers and lakes make it an ideal place for boating. There are many boating enthusiasts across the state, and while the majority of them obey the laws and boat safely, there are still many preventable boating accidents that occur each year. These accidents can cause property damage damaged, fatalities, spinal cord injuries, burn injuries, drowning, broken limbs, and many other types of injuries. In many cases, boating accidents involve alcohol or other forms of negligence and therefore lead to complicated legal cases as well. You can help provoke boating accidents by:

1) Learning all you can before you get on the water. Taking a boating safety course is an excellent way to learn more about the rules of the waterways and safe boating techniques. Learning about your craft and learning how to operate it safely are key ways to ensure that you and everyone around you stay safe in the water.

2) Boating in good weather, especially if you're just a beginner. If you are new to boating, it makes sense to stay on the water only when the weather is favourable and high visibility is possible. This will help prevent any possible accidents due to poor visibility, rough waters, and other environmental factors.

3) Wear personal flotation devices or life jackets at all times. This is simply the easiest way to ensure that you do not fall victim to drowning. Carry extra life jackets and personal flotation devices on board your craft, and ensure that every passenger who climbs aboard wears one from the time he or she gets on the boat to the time he or she disembarks.

4) Stay sober. The motion of a boat, the strong wins, and the tiredness that many boaters feel is only heightened by alcohol and other controlled substances. This means that even very small amounts of alcohol can impair you while you're behind the wheel of your craft. Avoid having any form of alcohol or controlled substance before you head on the water, and check your prescription medication carefully to ensure that it does not make you feel drowsy or sleepy.

5) Boat safely. Some boaters take risks, such as speeding near swimmers, boating very close to other vessels, jumping waves, or weaving through boat traffic at high speeds. All of these can result in legal penalties, and if you cause an accident while taking such risks you will be liable for any damages or injuries you cause.

6) Stay alert to the risks of carbon monoxide poisoning. Swimming or being near areas where boat engine exhaust accumulates can result in carbon monoxide poisoning. Leaving your motor idling, or cooking or heating with fuels can also create a build-up of carbon monoxide. Carbon monoxide has no odor, taste, or color. It is a good idea to install carbon monoxide detectors on board and use fuel-burning appliances on board only on deck or somewhere where good ventilation is available.

Continue reading "Preventing Florida Boating Accidents: How You Can Help" »

Florida boating accidents not only claim lives every year, but they also cause many injuries injuries, ranging from brain injuries, burn injuries, fractured limbs, spinal cord injuries, and even permanent disability. You can often prevent a boating accident simply by following these tips before you head out on the water:

1) Check your personal flotation devices and life jackets to ensure that they are in good condition. There should be no tears, broken straps, broken snaps, or rips anywhere on your life jackets or flotation devices. If there are any equipment issues, make sure that you replace the items rather than heading out onto the water. Also, make sure that all personal flotation devices are close to you and ready to be used. Avoid locking them away in compartments or sealing them in plastic bags, as you will lose precious time if there is an accident. Also, make sure that you are wearing a life jacket on your boat as soon as you enter the water.

2) If your boat has a closed compartment or a motor, make sure that you have a fire extinguisher on board. Before you head out on the water, make sure that you can easily reach the fire extinguisher if needed, and make sure that the fire extinguisher is in good working order.

3) Before your boat leaves the dock, test your boat lights. If your lights are battery-operated, make sure that there are extra batteries on board. Even if you plan on being back before dark, it is a good idea to get into the habit of testing your boat lights. Sometimes, unexpected events may change your plans and you don't want to be stranded out on the water without adequate lighting.

4) Check the weather reports before leaving the house. Make sure that there are no lightning flashes, choppy waters, or sudden wind shifts, all of which can indicate a storm. Make sure that you have a portable radio on board so that you can listen for the latest weather report. Be ready to head back to shore at the first sign of a storm.

5) Check to make sure that you have a good emergency kit on board. This kit should include first aid supplies, maps, and flares. Ideally, keep your first aid emergency kit in a floating couch that is easily accessible even if your boat is capsized.

Continue reading "Before You Head Out On The Water, Follow These Simple Tips To Prevent Boating Accidents" »

Many Florida boat enthusiasts are very responsible on the waterways and therefore assume that they are quite safe on the water. Unfortunately, this is not always the case. Even if you are a very careful boater, other Florida boaters who do not take boating laws and restrictions seriously can end up costing you your health and even your life. Each year, injuries and fatalities occur on Florida’s waterways due to negligence and irresponsibility. Impaired boaters are a leading cause of accidents. Untrained boaters are also very likely to cause boating accidents that can lead to drowning, fire, spinal cord injuries, death, broken limbs, brain injuries, and many other serious injuries.

Commercial boats are required by law to have trained crew members as well as safety equipment. However, not all Florida commercial boaters follow these rules. In case of a boating accident, a commercial boat breaking these rules can find itself without the equipment to save its passengers and without a crew that can minimize injuries. Tragically, commercial boats tend to carry larger numbers of passengers than private boats, meaning that more lives are at risk.

If you are in a boating accident, your first priority should be to help yourself and anyone else in the boat get to safety. Call the paramedics and authorities right away. If anyone is injured, they will need medical help. Even if someone is not injured, the authorities will want to know about possible environmental damage as well as any possible criminal activities (such as drinking while operating a boat) that are taking place.

Once everyone is safe, you should exchange contact information not only with any other boaters involved, but also with any witnesses and with passengers who were involved in the accident. This is important in order to secure information for insurance purposes and to ensure that any investigations that need to occur can occur with at least some information in place. If you can, be sure to take photos to document damages and injuries. Exchange insurance and boat registration information with all boaters involved.

Be sure to report the boat accident to your insurance company. However, avoid signing any documents up front. Instead, consult a qualified Florida attorney who has experience with boating accident claims. In cases where someone was negligent or reckless, especially, a good Florida attorney can investigate and document the circumstances surrounding the boat accident. He or she can help ensure that those injured get the compensation needed to pay for all medical expenses. This can literally mean the difference between excellent care and inadequate medical attention.

Continue reading "Some Responsible Florida Boaters May Find Themselves in Boating Accidents" »

Experts are worried about the higher-than-average number of Florida boating accidents this year. The state recently saw its 25th water fatality of the year when a Sanford man was involved in a fatal boating accident on St. Johns River this past week. The man’s personal watercraft collided with another boat, and Christopher J. Lydon, passed away from the injuries. Although Lyndon was given immediate medical assistance, he was pronounced dead at the scene.

Florida Fish and Wildlife Conservation Commission (FWC) investigators are still investigating the accident but are pointing to this latest incident as part of a growing trend. FWC boating law administrator Capt. Richard Moore has stated that if current rates of boating accidents continue, this year could be one of the most deadly years for boating accidents in the last 15 years.

Reports suggest that a majority of boating accidents – this year as in previous years – are caused in part or in whole by boat operator inattentiveness. Five of this year’s boating accident fatalities occurred in the state’s northeast area and in addition to the fatalities there are at least two people missing and presumed dead. In addition, a number of personal injuries have occurred from boating accidents this year.

Capt. Moore has suggested that it is imperative that boaters practice extra caution. The peak boating season has not even begun and there are already many fatalities. Moore states that boaters can dramatically reduce accidents and accident-related injuries and deaths simply by taking two precautions:

*Stay alert. Accidents can be prevented if boaters remain aware of their surroundings and are prepared to react quickly to any surprises.

*Wear life jackets. According to Moore, when accidents do occur, wearing a life jacket correctly can help prevent drowning.

According to authorities, FWC officers will be on the water across Florida’s waterways during the entire boating season. These officers will be watching for potential hazards and will be enforcing laws. The FWC is also encouraging boaters to take boating safety classes, which can teach boat operators the basics of staying safe on the water.

According to the Florida Fish and Wildlife Conservation Commission, the number of registered vessels in Florida in 2003 (the last year for which statistics are available) was 978,225, which represents an all-time high. Florida’s many waterways and mild weather make it an ideal boating destination. Unfortunately, the large number of Florida boaters also means a larger number of Florida boating accidents.

According to the Florida Fish and Wildlife Conservation Commission, most Florida boating accidents occur in March, April, May, June, or July between noon and 6:00 pm. About 48% of accidents were caused mostly by either carelessness or disregard of navigation rules. Men between the ages of 22 and 50 who have no formal boating education but have more than 100 hours of boating experience are most likely to be involved in an accident.

Each year, many Florida attorneys are contacted about boating accidents, and it’s no surprise: according to the Florida Fish and Wildlife Conservation Commission statistics, 16% of boaters or passengers in a vessel who are involved in a boating accident are killed or injured. In fact, boating accidents kill more than airplane or train accidents.

In addition, many boating accidents cause property damage. The U.S. Coast Guard reports that boating accidents cause more than $240 million in damage each year across the country. Despite this, many boating accidents seem preventable, since the vast majority of those involved in these incidents seem to have no formal boating accidents. It seems that simple attention to boating regulations and formal classes can significantly reduce the instances of accidents.

Another troubling trend for boaters and Florida lawyers is the number of Florida boating accidents involving alcohol or drugs. According to statistics, thousands of boaters are arrested each year for operating a vessel while under the influence. Approximately half of boating accidents across the country involve drugs or alcohol.

Adding to the problem is the fact that boaters often experience "boater's hypnosis," or a type of fatigue and slowed response time caused by the conditions of the water and the hum of the vessel. When alcohol or drugs are added to this condition, the possibility of an accident is even higher. Currently, operating a boat under the influence is considered a federal offence. Any boater found guilty of this offence may face a $1,000 fine as well as other penalties.

Florida has many waterways perfect for boating. Possibly as a result, the state is second in the nation when it comes to boating accidents, according to the Florida Fish and Wildlife Conservation Commission. Within the state, Okaloosa and Bay counties were in the top 10 Florida counties for accidents. The two counties combined saw more than fifty reported accidents in 2004 alone. Escambia ranked 18th in the state and Santa Rosa ranked 24th.

Florida has a number of laws meant to reduce boating accidents. Boaters 21 years of age and under must have a Florida Boating Safety ID whenever operating a boat with an engine of at least 10 horsepower. These IDs can be obtained by taking a boating safety course. The course must be approved by the Florida Fish and Wildlife Conservation Commission and the National Association of State Boating Law Administrators (NASBLA) in order for the boater to qualify for the ID. Once the course is completed to satisfaction, the Florida Fish and Wildlife Conservation Commission will issue the card.

Although only those who are 21 years of age or younger are required by law to have the ID card, every new boater and every boater operating a new type of vessel is encouraged to take NASBLA-approved courses to learn the basics of boating safety. Most boating accidents can be prevented when vessel operators have the right boat operating skills.

Today, getting a course in boating safety is even simpler. An on-line course is available from The Florida Fish and Wildlife Conservation Commission. The course, “How To Boat Smart, Florida Boating Safety Course,” helps boaters learn about equipment requirements, rules of the waterways, boating skills, and other topics essential for water safety. Other groups, such as the U.S. Coast Guard Auxiliary and U.S. Power Squadron offer classes at a number of convenient locations. Even experienced boaters may find that they can decrease their odds of an accident by taking a course.

Continue reading "Florida’s Boating Accident Rates Are Worrisome – But There is Hope" »