Living in South Florida, water sports are a way of life. Spending the day out on the water is a favorite pastime – whether fishing, cruising, or waterskiing. In Sarasota County alone, we have nearly 24,000 registered boaters, and on a beautiful day it can seem like everyone is out there at once. Unfortunately, a relaxing or fun day can go horribly wrong if there is a boating accident. Like accidents on our highways, boaters have a responsibility to exercise care and skill when piloting their vehicle. A person driving a boat can be negligent just like a motorist – whether by ignoring the rules of navigation, acting recklessly, or operating the boat while intoxicated.
With summer upon us, it is likely we will begin to see the boating accidents increasing. If you or a loved one have been injured in a boating accident, you may be able to seek damages and compensation from the other party.
Boating Accidents -Negligence
Boat operators are required to understand and follow local, state, and federal laws that apply to boating in the waters they are navigating. The local Marine Patrol works in conjunction with the U.S. Coast Guard to uphold and enforce the law, as well as to act as search and rescue teams when necessary. Similar to motor vehicle accidents on the roads, boating accidents are often caused by negligence. A negligent act is characterized by the fact that the boat operator knew they were acting in an unsafe manner that could cause injury to someone else – but they continued anyway.
Did You Know? Parties in a boating accident are considered negligent even if they were not aware they were violating a law. Just as it is incumbent on a a driver to know the rules of the road, a boat operator cannot claim ignorance of the law as a defense.
Some of the more common causes of boating accidents include:
* Inexperience – people operating a boat without the proper training, licensing or permission
* Inattention – whether laughing with friends or enjoying the scenery, distracted driving can lead to accidents
* Reckless operation – speeding, not following proper etiquette, or ignoring navigational rules
* Operating while impaired – approximately half of boating accidents are caused by people boating while drinking, making them negligible in nearly all cases
* Equipment failure – if something fails electronically or mechanically on the boat, it may cause an accident
* Weather – bad weather, low visibility, or heavy rain may cause an accident out on the water
The person operating a boat may also be held responsible if they went out on an unsafe vessel, or didn’t provide safety vests for every passenger on board.
All boats and vessels on the waterways – whether Gulf, the Bay, or on our rivers and canals – are required to obey the law. The term “vessels” includes motorboats, sailboats, pontoon boats, jet skis, kayaks and canoes, and others. Boating accidents typically must be reported to law enforcement if they reach a damage threshold, if someone was injured or killed, if a passenger is missing, or if the vessel was destroyed.
Seek Medical Assistance: If you have been injured in a boating accident, seek medical attention – even if you think you are ok. Neck and back injuries are common in this type of accident, and can be life threatening. Getting checked out is the best course of action, as neck and back injuries can manifest days or even weeks later.
If you have suffered an injury and will be seeking reimbursement, an insurance claim, or a lawsuit, it is important to follow your doctor’s orders. Keep records of your medical treatments and bills, and call a Sarasota personal injury attorney as soon as possible. Probinsky & Cole are experienced personal injury attorneys and are here to help. Call us today with any questions you may have.
