There’s nothing like hitting the water and soaking up rays in the Sunshine State. However, you must always be aware of the risks and consult a Florida boating accident lawyer after a disaster on the water. Discover key information about establishing liability and filing a lawsuit for a watercraft accident in this helpful guide.
How To Determine Liability After a Boating Accident
How can you tell who’s responsible for injuries and damage sustained? Do you even have a case to present to a Florida personal watercraft lawyer? Holding the appropriate party responsible starts with establishing negligence.
Check out the four essential steps for filing a lawsuit against a negligent individual or entity. 1. Establish a Duty of Care
Ask a marine accident legal professional how to determine liability, and they’ll tell you that it begins by assigning a duty of care. Every vessel operator who hits the water must be mindful of others and do everything in their power to maintain a safe environment for themselves, their passengers, swimmers, and other boaters.
2. Identify a Breach of Duty
According to the Florida Fish and Wildlife Conservation Commission, more than 659 boating accidents occurred in 2023. Yacht accident injury attorneys look for reckless behavior that directly violates an operator’s duty of care and safety. This can include:
● Operating the vessel while intoxicated
● Failing to maintain essential equipment
● Speeding in a no-wake zone
● Driving the boat through a crowded swimming area
You can cite this behavior as your main argument in a lawsuit as long as the remaining two pieces of criteria support your claim.
3. Link the Breach of Duty As the Main Cause of Injury
Every Florida boating accident lawyer wants to help their clients seek justice. However, this is only possible when they can prove that someone’s negligence directly caused an injury or property damage. For example, if a jet skier’s reckless driving leads to a swimmer’s severe injury, a jet ski crash lawyer in Florida can cite it as the cause.
4. Measure Damages Stemming From the Accident
Finally, you can file a lawsuit against a liable boater if you have quantifiable losses due to their negligence. This may include both economic and non-economic damages, such as:
● Medical bills to treat an injury
● The cost of repairing a damaged vessel
● Compensation for overall pain and suffering
Uncovering Potentially Liable Parties
When working with a seasoned boat crash attorney, Florida residents must narrow down the individual or organization responsible for the accident. A plaintiff can name multiple defendants in certain cases.
For instance, say you set sail on a recreational boat tour run by an intoxicated driver. You could target the individual operator for their negligence, as well as the touring company for not taking precautions to keep passengers safe.
How a Florida Boating Accident Lawyer Can Help
You shouldn’t endure the pain and suffering of a watercraft incident alone. Team up with a qualified personal injury attorney with experience handling similar cases. Your attorney will gather sufficient evidence supporting your claim and file a suit against the liable party.
They’ll also measure all of your damages to negotiate a fair settlement with the defendant’s insurance company. If the case doesn’t resolve with a pre-trial settlement, trust your lawyer to represent you in court.
Connect With a Maritime Accident Attorney for Assistance
Don’t let negligence on the water go unnoticed. Hold liable parties responsible for their actions with the help of a Florida boating accident lawyer. Contact Hancock Injury Attorneys online or give us a call at (813) 328-5943 to discuss your options with a legal professional.