Boating Accident Attorneys in Pompano Beach

Common Types & Causes of Boating Accidents

The Florida Fish and Wildlife Conservation Commission publishes annual reports regarding boating accident statistics in the state. These reports provide an overview of boating accidents by county, offering valuable insights into the water dangers that Broward County residents face. Broward County has more registered water vessels than any other county in Florida except for Lee County.

There are over 45,000 registered recreational boats in Broward. There are over 25 vessel accidents each year, resulting in more than 10 injuries on average. Property damage from boating accidents in Broward County nears $1 million annually.

According to the Commission, these are the most common types of boating accidents and injuries in Florida, ranking from first to last:

• Boat Collisions with Fixed Objects
• Collisions with Another Water Vessel
• Flooding/Swamping
• Falls Overboard
• Grounding
• Struck Underwater Object
• Fire/Explosion
• Capsizing

The vast majority of accidents occur while boats are cruising, while other common scenarios include:

• When Docked
• While Changing Direction
• During Docking and Undocking
• When Drifting
• While Changing Speed

For all reportable boating accidents in the state for the year 2023, the following are the primary causes assessed by the proper reviewing authority, in order from most to least frequent:

• Operator Inattention
• Operator Inexperience
• Machinery Failure
• Weather
• Excessive Speed
• Alcohol Use
• Violation of Navigation Rule
• Hazardous Waters
• Careless Operation
• Congested Waters
• Improper Anchoring
• Sharp Turning

Understanding Boating Under the Influence (BUI) Laws in Florida

Boating under the Influence is Florida’s sixth leading cause of water vessel accidents. Like driving while intoxicated, this is a criminal action for which perpetrators will likely face charges. The Florida Fish and Wildlife Conservation Commission outlines the strict stipulations for operating a water vessel while consuming alcohol.

In Florida, it’s illegal to operate a water vessel while under the influence of alcohol or drugs. A person is legally considered to be under the influence if their blood- or breath-alcohol level is at or above 0.08. For those under 21, the limit is 0.02 or higher.

If an operator is suspected of boating under the influence, they must submit to sobriety tests and a physical or chemical test to determine blood- or breath-alcohol content. The state of Florida has launched Operation Dry Water in response to the large number of alcohol-related incidents on the water. This year-round effort is to educate recreational boaters about the dangers of boating under the influence.

Penalties for a BUI conviction in Florida include:

• Fines up to $1,000 for a first offense.
• Jail time of up to six months.
• Probation.
• Vessel impoundment.
• Community service time.

Pompano Beach Boating Accident Claims

Boating accident claims can help you fight for compensation for your losses after such a traumatic event. Filing a boating accident claim gives you and the victims involved in the accident the opportunity to fight for compensation for medical bills, pain and suffering, lost wages, and other damages. Reading up on Florida maritime laws and regulations can help you know what type of case you will be going through.

Boating accidents can result in severe injuries such as traumatic brain injuries, concussions, broken bones, and in some cases, death.

Types of Boating Accidents

Boating accidents can be the result of negligence, distractions, reckless vessel operation, inexperience, and more. Let’s take a look at some of the boating accident statistics in Florida and the most common types of boating accidents in South Florida:

Careless Operation of a Boat: In many cases, boat captains operate the boat in a negligent manner that can lead to an accident. Reckless operation of a vessel includes allowing boat passengers to sit in inappropriate places, splashing other boats, violating low wake rules, failing to maintain a safe distance from other boats, and so on.

Excessive Speed: Like on roadways, boats and all other watercraft must maintain a safe speed. When a boater loses control of the watercraft due to excessive speed, it can lead to a serious accident.

Boating Under the Influence: All boat operators must obey the same laws as a driver behind the wheel of a car. No one should be driving a boat impaired due to alcohol or another controlled substance.

Inexperienced Boat Driver: When the boat driver lacks the skills or experience to operate a boat safely, this can lead to an accident.

Boat Passenger Recklessness: In some cases, the responsibility of a boating accident falls on the passengers. It is important for all passengers to be seated while the boat is moving.

Severe Weather: It is the boaters’ responsibility to check the weather forecast and create a plan that details where and when they’ll be boating. Choosing to operate under bad conditions can lead to a serious accident.

In some cases, a boating accident can also be the result of a boat malfunction, in which you can pursue a claim against a manufacturer or a boat mechanic.

What about Jet Ski Accidents?

Jet Skis are also considered a watercraft, and being involved in a Jet Ski accident can also cause substantial damage. Usually, these cases fall under Jet Ski driver negligence. However, in some cases, other boaters, Jet Ski malfunctions, and weather conditions can contribute to events leading up to the accident.

Who’s Liable in Jet Ski Accidents?

When it comes to Jet Ski accidents, in most cases, the rider is responsible. However, boating accidents are different scenarios. And for both of these accidents, multiple parties may be held accountable. Determining who is liable in these situations can be complex, which is why working with a boating accident attorney can help you fight for the compensation you deserve.

For example, these are some individuals who may be liable for a boating accident:

• The person who operates the boat in a negligent manner
• The person operating another boat caused an accident
• Reckless passengers on the boat

Establishing Negligence in Boating Accidents

After experiencing a boating accident, victims are often left wondering who will pay for the damages. These damages can include costs to repair or replace vessels, as well as medical bills and other expenses. To secure compensation after a crash, your boating accident attorney must prove that another party’s negligence caused the incident. Whether you were a passenger, another boater, or a swimmer injured on the water, holding the at-fault party accountable is the first step toward recovery.

At LJW Legal, our boating accident lawyers carefully investigate every detail to build a strong case on your behalf. We gather evidence, consult experts, and identify all potential sources of liability so you can focus on healing.

Examples of negligence in boating accidents include:

• BUI.
• Speeding or reckless boating in no-wake or high-traffic areas.
• Failing to keep a proper lookout or follow navigational rules.
• Inadequate safety equipment or lifejackets on board.
• Allowing inexperienced or unlicensed individuals to operate the vessel.
• Distracted boating — such as using a phone or GPS while driving.
• Mechanical failure due to poor maintenance or defective parts.

The boat injury lawyers at LJW work diligently to investigate the circumstances surrounding your accident and help determine fault and liability. We then present the information we gather to insurance companies, opposing parties’ counsel, and, if necessary, a judge and jury to get the compensation you deserve.

Pursuing Damages and Compensation After a Boating Accident

Boating accidents often leave more than just physical injuries — they can cause overwhelming medical bills, lost wages, emotional trauma, and long-term disability. If someone else’s negligence led to your injuries, you can pursue compensation for your losses.

At LJW Legal, our experienced boating accident attorneys work tirelessly to help victims recover the full value of their claims. We evaluate every angle of your case to ensure you’re not left covering costs that should fall on the at-fault party.

Following a boating accident, you may be entitled to compensation for the following items:

• Medical Expenses
• Lost Wages and Lost Earning Capacity
• Property Damage
• Pain and Suffering
• Wrongful Death Damages
• And More

Typically, damages fall into three categories:

• Economic Damages
• Non-Economic Damages
• Punitive Damages

Economic damages refer to the measurable financial losses you’ve suffered, such as medical expenses, lost wages, property damage, and future care costs related to your injuries. These losses are tangible, quantifiable, and can be backed by numbers, calculations, and receipts.

Non-economic damages refer to the intangible losses you experience, such as pain and suffering, emotional distress, loss of enjoyment of life, and trauma from the boating accident. Examples can include PTSD, loss of reputation, loss of relationships, and more.

Punitive damages are rare damages that judges award in accidents involving serious negligence, the intention to cause harm or recklessness. These damages are meant to deter others from partaking in similar future actions. Examples include BUI, knowingly ignoring maintenance issues, or boating without the proper safety equipment.

How does Florida Maritime Law Work?

Florida maritime law, also known as admiralty law, governs accidents and injuries on navigable waters, including the ocean, bays, and major inland waterways. These laws blend federal maritime rules and state-specific statutes, applying differently than standard personal injury law. An experienced boating accident lawyer at LJW can help you better understand these laws and how they apply to your situation.

Under maritime law, boating accidents are subject to distinct legal standards, particularly in terms of liability, negligence, and compensation. For example:

• Duty of Care. The operator of a vessel has a duty of care to passengers, swimmers, and other boaters, just like a driver on the road.
• Federal vs. State Law. Federal laws may override Florida laws, depending on where the accident happened and the type of vessels involved.
• Statute of Limitations. Injury claims under maritime law may have different filing deadlines than typical personal injury cases.
• Commercial Boating. Different rules and insurance policies may apply if a boating accident occurs offshore or involves commercial vessels, such as charter boats or ferries.

Because maritime law is complex and highly specific, it’s essential to work with a boating accident attorney who understands both Florida personal injury law and federal maritime regulations. LJW Legal can help you navigate these complex issues to maximize your boat accident compensation.

Build Your Boating Accident Legal Team

If you or someone you know is involved in a boating accident, you can recover compensation for your damages. A thorough understanding of Florida Maritime Law can help shape your case.

For example, the issue with Florida Maritime Law is that operators older than 30 are not required to have boating licenses, which means many boating operators don’t even have to undergo a boating safety course. This allows inexperienced boaters to remain on Florida waterways.

Likewise, one thing many boaters don’t realize is that when a boating accident occurs on a public waterway, the incident falls under federal admiralty jurisdiction. So, having a legal team experienced in both State and Federal law can help to file the proper claims.

Since a separate set of laws applies to boat accidents, seeking help from a Florida personal injury and maritime attorney who understands the right standards and procedures is essential for your case. Not to mention, you need someone who’s qualified to practice in federal court with valid experience to support your claim.

Types of Boating Accident Claims We Handle

No matter how or where your accident happened, LJW Legal is ready to fight for your rights. Our boating accident attorneys handle a wide range of cases, including:

• Boat Collisions
• Drunk or Impaired Boating
• Reckless or High-Speed Operation
• Passenger Injuries
• Swimmer and Diver Injuries
• Charter Boat and Commercial Vessel Accidents
• Defective Boat Equipment
• Overcrowding or Overloading Accidents
• Failure to Provide Safety Gear
• And More

If your injury occurred on or around the water, we’ll investigate every angle to pursue the boat accident compensation you deserve.

Essential Safety Precautions to Prevent Boating Accidents

As experienced boating accident attorneys with decades of experience, the lawyers at LJW have seen it all. We’re here to help in your time of need, ensuring you get the boat accident compensation you deserve. However, our main hope is that Broward County boaters never require our services. Using essential safety precautions on the water can help prevent boating accidents in Pompano Beach and the surrounding areas.

Here are the top boating safety tips for Florida boaters and passengers:

• Always wear a life jacket and ensure that each boat passenger has access to a vest.
• Don’t consume alcohol while operating a boat.
• Take a certified boater safety course.
• Always check the weather before undocking.
• Follow posted speed limits and no-wake zones.
• Keep a proper lookout at all times.
• Avoid mechanical failures by staying up-to-date on all boat maintenance.
• Equip your vessel with essential safety items, such as flares and fire extinguishers.
• Use lights and navigation equipment when boating in poor visibility conditions.
• Limit distractions on the water–never boat and use your phone, minimize loud music, passenger rough-housing, and more.

A few smart steps can make all the difference. If you or someone you love is ever injured in a boating accident, LJW Legal is here to help.

Working with a Boating Accident Attorney

In the unfortunate event that you or someone you know has been involved in a boating accident, working with a personal injury attorney can make the difference. Call 954-715-2400 or contact us online to start your free consultation with an experienced attorney.

With offices conveniently located in Pompano Beach, Florida, our maritime attorneys are ready to represent you and your loved ones and fight for your rights.