Experience. Service. Results.
CONTACT US FOR A FREE CONSULTATION
Many Florida residents enjoy spending time on the water. Unfortunately, some people do not take the responsibility of safe boating seriously. If you have been injured in a boating accident caused by a negligent individual or company in the Fort Lauderdale area, you can possibly hold them accountable. A dedicated Fort Lauderdale boating accident lawyer and injury attorney at Cecere Santana can handle all the aspects of your case, from discussing your options and gathering important evidence to seeking a fair settlement and taking your case to trial if necessary.
Seek Compensation After a Boating Accident in Fort Lauderdale
A person hurt in a Fort Lauderdale boating accident caused by the carelessness or wrongdoing of another party may file a lawsuit in state court. In many cases, the proper cause of action is a negligence claim. Proving a negligence case requires showing several elements by a preponderance of the evidence, which means that they are more likely than not to be true.
How to Prove Negligence in a Boating Accident Case
The first step is showing that the defendant owed a duty of care to the victim. In a boating accident involving private parties, the defendant likely owes a duty of reasonable care. This means that the defendant must avoid unreasonable behavior that could foreseeably harm others. In the event of a ferry accident or some other mishap that involves a company paid to transport people, the defendant may owe the victim a higher standard of care.
It is also required to prove that the defendant breached this duty by failing to meet the standard of care. Common examples of a breach of the duty of reasonable care include operating a boat at an unsafe speed or while drunk. These are unreasonable behaviors that endanger other boaters and passengers, and there are many other ways in which the duty can be breached.
Another element is causation, which is a complex concept comprised of two sub-elements. Factual causation is also sometimes called “but-for” causation because of a common way of determining whether it exists. If the victim would not have been hurt but for the defendant’s behavior, the factual causation sub-element is generally met. The other half of causation is legal causation, which is based on foreseeability. If the injuries were a foreseeable consequence of the defendant’s breach, the defendant can be deemed a legal cause of the injuries.
Depending on the circumstances of the case, there are other causes of action that may be appropriate. For example, an accident caused by a defective product — such as a boat engine — may make its manufacturer or designer liable. An experienced attorney can help determine who may be at fault for your injuries.
If a plaintiff successfully proves a case, he or she may be entitled to collect compensation for any physical, emotional, and financial harm. These often include pain and suffering, medical bills, and lost income. In certain cases when a defendant consciously disregards the safety of others, the plaintiff may consider seeking punitive damages.
What are the First Steps to Take After a Boating Accident?
Boat operators are responsible for the safety of passengers, from safely operating the boat to maintaining a safe speed and keeping a proper lookout. However, a boating accident may occur at any time, and knowing what to do is essential. Here are the crucial steps to take after a boating accident.
- Assess the damage: The most crucial step after a boating accident is to document any injuries caused by the crash. It involves assessing all passengers for injuries and ensuring everyone is onboard. If the boat has any damage, ensure everyone is wearing a life jacket and drop the anchor to prevent drifting.
- Call for help: Contact the police or use a VHF radio to make a distress call and request assistance from emergency services. It is a crucial step to seek assistance from medical and rescue personnel immediately after a boat accident.
- Gather critical information: It is vital to collect crucial information from the crash, such as names and contact details of witnesses, photographs of injuries and damage, and any other relevant information. This may assist you when filing an insurance claim or a boating accident lawsuit against the at-fault party.
- File proper paperwork: After a boating accident, submit a Boating Accident Report (BAR) with the relevant agency that has jurisdiction where the crash happened. It is one way of reporting the boating accident to the appropriate authorities. This also helps when filing for an insurance claim.
- Hire an experienced attorney: Whether filing an insurance claim or lawsuit, work with an experienced attorney to help you investigate the accident and navigate the complex legal process.
How Do You Protect Yourself Driving a Boat If an Accident Happens?
Boating accidents can result in serious injuries to the operator or cause damage to the boat and property. Therefore, it is crucial to undergo proper training before becoming an operator or driving a boat. Taking various boating and safety courses is an effective way to help you get more insights into how to protect yourself driving a boat in the event of an accident.
Loading the boat with all safety gear and equipment like life jackets and wearable personal flotation devices, throwable flotation devices, and visual signaling devices, particularly for passenger boats, is crucial. Checking the weather before driving the boat and always remaining attentive while on the water helps keep you and your passengers safe when driving the boat to prevent accidents.
What is the First Action Required of a Boat Operator Who is Involved in a Boating Accident?
Naval regulations require all boat operators to stop their boats in the event of a boat crash or accident. The boat operator must then provide their information to everyone involved in the accident and try to help where possible. After filing the boating accident report, the report must be uploaded to local website property totals and often includes detailed information about the crash, such as citations levied and details of people involved.
Who Can Pursue a Boat Accident Lawsuit?
Any person injured or harmed in a boating accident can pursue a boat accident lawsuit and recover damages. The intent is to hold the at-fault party liable for negligent or intentional conduct leading to the crash, resulting in injuries and other damage. However, consulting with an attorney to understand your rights and how to prepare, file, and receive your compensation is essential.
If you or your loved one was injured in a boating accident, contact Cecere Santana, Attorneys at Law, today!
Discuss Your Negligence Claim with a Fort Lauderdale Attorney
People and entities in South Florida must keep safety in mind on the water. If you were injured because someone acted negligently, you may be able to seek compensation from the responsible party. The Fort Lauderdale boating accident lawyers at Cecere Santana can help you assert your rights in communities throughout Florida, including Miami, Sunrise, and West Palm Beach. To schedule a free consultation, call 800-753-5529 or Contact us online.
