Florida law considers all vessels to be dangerous instrumentalities. An operator of a vessel shall exercise the highest duty of care to prevent injuries to others. Liability for reckless or careless operation of a vessel is confined to the operator of the vessel and not imposed upon the owner, unless the owner is the operator or is present in the vessel when any injury or damage occurs as a result of the reckless or careless operation of the vessel.
A vessel operator has a duty to operate the vessel in a reasonable and prudent manner, having regard for other traffic, speed restrictions, wake restrictions, and all other attendant circumstances.
South Florida is the boating capital of the world and home to beautiful beaches and waterways giving rise to an increasing number of boating accidents.
How can a Miami Boating Accident Attorney help you?
In the event of an accident, a vessel operator is expected to render assistance as is practicable and necessary in order to save the injured person from or minimize any danger caused by the accident, also to provide his or her name, address, and identification of the vessel in writing to any person injured and to the owner of any property damaged.
Under Florida law, in the case of an accident resulting in personal injury requiring medical treatment beyond immediate first aid, death, disappearance of any person from on board under circumstances which indicate the possibility of death or injury, or damage to any vessel or other property in an apparent aggregate amount of at least $2,000, the operator must without delay, by the quickest means possible, give notice of the accident to one of the following agencies: the Division of Law Enforcement of the Fish and Wildlife Conservation Commission; the sheriff of the county within which the accident occurred. There are other reporting requirements. The failure of the operator to report an accident shall constitute a crime. In the case of an accident involving personal injury, the failure to report shall constitute a felony of the third degree. In case of an accident involving only property damage, the failure to report shall constitute a misdemeanor of the of the second degree.
The operation of a vessel in a reckless manner is a crime and constitutes a misdemeanor of the first degree. Unfortunately, boating accidents many times result in catastrophic injuries and in some instances the wrongful death of an innocent victim.
What to do after a Boating Accident:
Take photographs of all boats involved
Report Accident to the Police
Take photographs of all visible injuries
Do not speak to anyone but your attorney
Obtain the name and phone number of all witnesses
Obtain immediate medical attention
The Perez-Gurri Law Firm will handle all aspects of your injury case. We will explain the law to you and how it affects your case. You should consult with an attorney who can advise you of your rights and the potential value of your damages. It is very likely that an insurance company adjuster or investigator will attempt to contact you and obtain your statement before you have had an opportunity to speak with an attorney. It is always recommended that you speak to an attorney before you speak with a representative from an insurance company.
What you may be entitled to receive, including but not limited to:
-Payment of medical bills
-Payment of lost wages
-Payment of lost services
-Payment for loss of earning capacity
-Payment for physical pain and suffering
-Payment for emotional pain and suffering
-Payment for property damage