According to the Florida Fish and Wildlife Commission (FWC), boating collisions were the leading type of boating accident, accounting for over half of the total reportable boating accidents in 2023.
Common causes of boating collisions include:
- No proper lookout
- Operator inattention
- Operator inexperience
- Excessive speed
- Machinery failure
- Reckless operation of the vessel
- Boating under the influence of alcohol or drugs
Many boating collisions can be prevented by following safety regulations, including the Navigation Rules listed by the United States Coast Guard for recreational boaters. As the FWC notes, most fatal boating accidents are caused by operators who have had no formal boater education.
Navigational Violations
Before leaving dry land, boat owners must know when to give way to each other. Depending on the situation and type of vessel, boats may either be the give-way vessel or the stand-on vessel. Give-way vessels must steer around while the stand-on vessel has the right of way. When meeting head-on, both boats are generally give-way vessels and should steer to the right. Generally, sailboats, rowboats, and canoes are less maneuverable and are considered stand-on vessels.
There are additional rules for overtaking, crossing, and meeting at angles that boaters should familiarize themselves with before hitting the water. Not knowing these rules or failing to follow them could result in a boating accident that causes serious injuries.
Just like automobiles, boaters must follow the “Rules of the Road” to avoid collisions. Failure to follow these rules can result in catastrophic injuries. Read these rules for boating navigation by the U.S. Coast Guard and print them to keep on your boat.
Injuries Caused by Boating Accidents
Boating accidents have the potential to cause severe and life-altering injuries. If you are injured in a boating accident, you could face significant physical, emotional, and financial challenges, including medical expenses, prolonged recovery time, and lost wages from an inability to work. If you are injured in Florida, your remedy is a civil lawsuit for damages.
Injuries that may result in compensation include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Head and neck injuries
- Wrongful death
- Amputations
- Broken bones
- Torn tendons
- Lacerations
- Internal injuries
- Pain and suffering
- Wage loss
- Medical Expenses
If you have suffered serious injuries following a boating accident, contact our Miami boat accident lawyers today to discuss your legal options. We can assist you in filing a lawsuit and recovering damages.
Presumption of Fault in Boating Collision Accidents
It can be difficult to prove that another boat operator was negligent in a collision. To prove negligence, you must show that the other boat operator violated the standard of care, which means that he or she failed to act in a reasonably prudent manner as a reasonable person would in a similar situation.
Maritime law has established certain presumptions that determine who is at fault in the event of a collision:
- When two ships collide, there is a presumption called the “Pennsylvania Rule.” Under the Pennsylvania Rule, when a boat operator is in violation of a navigation regulation at the time of a collision, he is presumed at fault.
- Similarly, under the “Oregon Rule,” a boat operator is presumed at fault if his vessel is moving and strikes a stationary vessel.
- Under the “Louisiana Rule,” a boat operator is presumed at fault if his moving vessel strikes a stationary object.
Our firm has extensive experience in identifying when these presumptions apply to a client’s case and obtaining justice for boating accident victims.
Hire a Miami Boating Accident Lawyer
If you are injured in a boat collision, you deserve an attorney who will confidently take on defendants and their insurance companies in court. At Mase Seitz Briggs, our skilled trial attorneys have the experience and know what it takes to win.
With over 100 years of combined expertise in maritime and admiralty law, our firm has successfully represented thousands of victims, recovering tens of millions in settlements and verdicts. We remain dedicated to helping families in South Florida and beyond recover from severe boating accidents, and can guide you through these challenging waters to secure the compensation you deserve.
Contact our office at 305-602-4927 or fill out our online contact form for a free, confidential case evaluation.
