Florida Injury Lawyer Blog

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" »