When it comes to recreational activities in Florida, boating is high on the list for many residents as well as tourists. It’s warmer climate and vast waterways make it a popular destination for boaters to spend their free time. Unfortunately, the heavy water traffic makes Florida notorious for boat accidents. Elstein Legal helps boat accident victims seek damages to help with medical bills, lost wages, and more. If you were injured in a boat accident in Florida, call Elstein Legal to find out how we can help.
Cause of Boat Accident Injuries in Hialeah
There are several types of boat accidents resulting in an injury. These include crashing into another boat, impact with a fixed object, sinking/capsizing, and fuel fires. The Florida Fish and Wildlife Conservation Commission states that the most common type of accident is colliding with another boat. Some of the main reasons these accidents happen in Florida include:
- Inattention: Not paying attention to what’s ahead happens too often on boats, and can cause serious injuries. Boat operators are required to constantly monitor their course for obstructions, moving objects, and anything else that may cross the boat’s path.
- Alcohol: Operating a boat under the influence of alcohol is a serious safety risk and causes a high number of accidents and deaths each year in Florida alone. It accounts for 22% of all boating accidents.
- Unskilled operator: There are currently no age restrictions on operating a boat in Florida, but those born after 1988 are subject to personal watercraft regulations and must take a safety course. Individuals who were born before 1988 do not need to complete a safety course and aren’t required to have a special boating license. Therefore, it can be assumed that there is likely a large number of unskilled, untrained boat operators on the water at any given time.
- Water conditions: Boating in choppy water and other adverse conditions can lead to collisions and falling overboard, resulting in serious injuries.
Determining Fault in a Hialeah Boat Accident
Deciding who is at fault is more complicated than it sounds when it comes to boat accidents. Fault depends on several factors, like how many people were involved, and what each party was doing at the time of the accident. Since there are strict laws that detail what you should and should not be doing while operating a boat in Florida, even if you’re the only one who was injured, you could share some of the fault.
If a passenger on the boat was doing something unsafe or reckless to cause the accident, then that person could share some of the blame. Because of all these moving parts, the court can assign partial blame to multiple parties, based on the amount of damages caused. For example, if one party was determined to be 50% responsible for the accident which caused $10,000 in damages, they could be forced to pay $5,000 in damages.
Why Choose Elstein Legal to Represent your Case?
Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.
Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.
Contact Us for a Free Consultation
If you have injuries due to someone else’s negligent behavior, you deserve compensation to help recover from your injuries. At Elstein Legal, we can help you with all aspects of your claim, including going to trial if necessary to ensure you get what you need.
Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case. There is no fee unless we win your case.