Keller Swan Injury Attorneys – Your Boat Accident Advocate

Boat accidents in Boca Raton, Florida can result in serious injuries, big damages and complex legal issues. Whether you were injured in a boat accident or just want to know how to handle such situations, understanding the laws and having the right representation is key. At Keller Swan Injury Attorneys we will help you navigate the personal injury laws related to boat accidents so you get the compensation you deserve for your injuries, damages and suffering.

Boat Accidents

Boat accidents can result in a variety of injuries and damages from minor bruises to catastrophic injuries such as spinal cord damage, traumatic brain injuries or even death. These incidents usually involve collisions with other vessels, fixed objects or accidents caused by hazardous water conditions. Here are the common causes of boat accidents:

1. Operator Negligence

One of the most common causes of boat accidents is operator negligence which may include:

• Excessive Speed: Operating a boat at unsafe speeds can cause loss of control and collide with other vessels or objects.
• Boating Under the Influence: Boating under the influence of alcohol or drugs is a leading cause of accidents on the water, impairs the operator’s judgment and reaction time.
• Failure to Follow Navigational Rules: Not following boating rules and regulations can cause dangerous situations especially in busy areas like Boca Raton’s waterways.

2. Mechanical Failures

Mechanical problems such as engine failure or steering issues can cause devastating accidents. A well maintained boat is key to safety and failure to maintain can lead to liability in an accident.

3. Weather Conditions

Bad weather such as storms, high winds or poor visibility are major contributors to boating accidents. Sudden weather changes can catch boaters off guard and cause dangerous situations.

4. Inadequate Safety Measures

Safety should always be your top priority when boating. Inadequate safety measures such as not providing life jackets, lacking safety equipment or insufficient safety training can increase the risk of accidents and injuries.

Boat Accident Personal Injury Laws in Boca Raton, Florida

In Boca Raton, Florida boat accident claims are governed by a combination of state and federal laws that cover personal injury and maritime issues. Understanding these laws is key to filing a claim.

1. Legal Framework

• Florida Statutes Chapter 327: This chapter covers boating regulations in Florida including safety requirements, operation rules and penalties for violations. It outlines the legal responsibilities of boat operators and the rights of victims in boat accidents.
• Florida Statutes Chapter 768: This statute covers personal injury claims including those related to boat accidents. It’s the legal basis for seeking damages and proving liability for the incident.

2. Liability

Liability in a boat accident claim is usually proven by negligence. To win, victims must show that the boat operator or other parties were negligent and that their negligence caused the accident. This means showing that the operator failed to exercise reasonable care under the circumstances.

• Negligence: Whether it’s speeding, reckless behavior or boating under the influence, negligence is the leading cause of boating accidents. The victim must prove the operator breached their duty of care.
• Comparative Fault: Florida is a comparative fault state which means if multiple parties are at fault, damages are divided based on their percentage of fault. For example if the boat operator is 70% at fault and the injured party is 30% at fault, the damages will be reduced by 30%.

3. Types of Damages in a Boat Accident Claim

Boat accident victims can claim various types of damages based on the nature and extent of their injuries:

• Economic Damages: Medical bills, lost wages, property damage and other financial losses resulting from the accident.
• Non-Economic Damages: Pain and suffering, emotional distress and loss of enjoyment of life.
• Punitive Damages: In cases of gross negligence or intentional misconduct punitive damages may be awarded to punish the wrongdoer and deter future behavior.

4. Statute of Limitations for Boat Accident Claims

Boat accident victims in Florida have up to 4 years from the date of the accident to file a personal injury claim. This statute of limitations is crucial to preserving your right to sue. If you don’t file within this timeframe you may lose your ability to recover.

Boat Accident Stats in Boca Raton, Florida (2023)

Boca Raton, Florida’s beautiful waters attract many boaters every year. But with more boats on the water accidents are bound to happen. In 2023 several boat accidents were reported in Boca Raton, so be more vigilant and safe.

Total Boat Accidents

30 boat accidents in Boca Raton in 2023 including collisions, capsizing and accidents caused by mechanical failure or hazardous conditions.

Common Causes of Accidents

• Operator Negligence: 15 accidents. Speeding, boating under the influence, failure to follow navigation rules.
• Mechanical Failures: 8 accidents. Engine failure or steering problems.
• Weather Conditions: 5 accidents. Storms or high winds.
• Inadequate Safety Measures: 2 accidents. No life jackets or other safety equipment.

Demographics of Boat Accident Victims

Most boat accident victims in Boca Raton were adults between 30-60. Many of these accidents involved experienced boaters, so even seasoned navigators can fall victim to bad conditions or a negligent operator.

Recent Personal Injury Case

One of the biggest boat accident cases in Boca Raton was several years ago when two boats collided in a busy channel. One of the boats whose operator was boating under the influence veered into the other boat.

The Accident

Several passengers on the second boat were severely injured. Broken bones, spinal injuries and traumatic brain injuries. Because of the severity of the injuries the victims’ families sued the drunk boat operator and their insurance company.

Legal and Result

Plaintiffs alleged negligence and claimed damages for medical bills, lost wages, pain and suffering and other damages. After many years of litigation the case settled for $3 million. The settlement covered:

• Medical Bills: Surgeries, hospital stays and ongoing rehab.
• Lost Wages: Victims’ inability to work due to their injuries.
• Pain and Suffering: Long term emotional and physical effects of the accident.

This case shows the importance of holding negligent operators accountable and getting victims fair compensation for life changing injuries.

Why Choose Keller Swan for Your Boat Accident?

At Keller Swan Injury Attorneys we know boat accident cases and the emotional toll they take on victims and their families. Here’s why you should choose us:

1. Proven Legal Help

Our lawyers have handled many boat accident cases and know maritime and personal injury law. We will provide skilled and compassionate representation to get you the best result for your case.

2. Client Focused

At Keller Swan we focus on you. Our lawyers work with you to understand your case and your situation. We gather evidence, negotiate with insurance companies and pursue a fair settlement or verdict, all while providing personalized support and guidance.

3. Results

Our lawyers have a history of success in boat accident cases. We strive for excellence and client satisfaction to get you the results you need and hold the responsible parties accountable.

Boat Accident Causes

Knowing the common causes of boat accidents can help prevent future accidents and if you are in an accident help build your case. Here are the most common:

1. Operator Error

Operator error is the number one cause of boating accidents. This includes:

• Speeding: Boating too fast for conditions, especially in busy areas or near docks.

Impaired Driving: Boating under the influence of alcohol or drugs makes accidents much more likely.

• Failure to Follow Navigational Rules: Ignoring or not knowing navigational rules, such as right of way or boating speed limits can cause serious collisions.

2. Mechanical Failure

Boating accidents can also be caused by mechanical problems, such as engine failure, steering failure or electrical system failure. Regular maintenance and inspection of all equipment is key to preventing these types of accidents. If mechanical failure is due to lack of maintenance or manufacturing defect, liability may extend to the boat manufacturer or maintenance provider.

3. Weather

Unpredictable weather can cause boating accidents. Sudden storms, high winds, big waves and poor visibility can make boating difficult and dangerous. Boat operators should check the weather forecast and adjust their plans accordingly to avoid accidents.

4. Insufficient Safety Measures

Boat operators are responsible for having the necessary safety equipment on the vessel, such as life jackets, fire extinguishers and first aid kits. Not providing sufficient safety measures or proper safety training can increase the risk of accidents and injuries.

What to Do After a Boat Accident

If you or a loved one has been in a boat accident, you must act fast to protect your health and legal rights. Here:

1. Get Medical Help

Even if your injuries seem minor, you should get medical attention as soon as possible. Some injuries, such as concussions or internal damage, may not be visible. Medical documentation will be key to your personal injury claim.

2. Document the Accident

Gather as much evidence as you can at the scene of the accident. Take photos and videos of the damage to the boat, any visible injuries and the surrounding area. If there are witnesses get their contact info and ask for a statement. Coast Guard or other authority reports will also be important to your case.

3. Call an Attorney

Before talking to insurance companies or settling with anyone, call a boat accident attorney at Keller Swan. We will help you understand your options, guide you through the claims process and make sure you get the maximum compensation you’re entitled to.

4. File a Claim

You must file your personal injury claim within the statute of limitations which is 4 years from the date of the accident in Florida. Filing within this time frame allows you to sue the responsible party.

5. Get Paid

Your attorney will negotiate with insurance companies on your behalf to get you a fair settlement for your economic and non-economic damages. If a fair settlement can’t be reached your lawyer will take your case to court.

Boat Accident Victims Compensation

Boat accident victims may be entitled to various types of compensation depending on the severity of their injuries and damages. These include:

1. Economic Damages

Economic damages are tangible, measurable losses that can be calculated. They may:

• Medical Expenses: Medical bills, hospital stays, surgeries, rehabilitation and future medical needs related to the injury.
• Lost Wages: If the accident prevents you from working you may be entitled to compensation for lost income and lost future earning capacity if the injuries result in long term disability.
• Property Damage: Reimbursement for the damage to the boat or other personal property involved in the accident.

2. Non-Economic Damages

Non-economic damages are intangible losses that are harder to calculate but can be very impactful to the victim’s life. These:

• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.
• Loss of Enjoyment of Life: If the injuries prevent you from doing things you used to do you may be entitled to compensation for the loss of enjoyment of life.
• Emotional Distress: Boating accidents can cause long term emotional trauma and compensation may be available for the psychological impact of the accident.

3. Punitive Damages

In cases where the at-fault party was reckless or intentional punitive damages may be awarded. These damages are to punish the wrongdoer and deter similar behavior in the future.

Why Boating Safety Matters in Boca Raton, Florida

Boca Raton’s waterways, beaches and boating lifestyle make it a boater’s paradise. But with more boats on the water, the number of accidents, injuries and fatalities are on the rise. Boating safety is key to preventing these accidents and both operators and passengers must take responsibility to create a safe environment.

Boating Safety Tips

• Wear Life Jackets: Make sure all passengers have properly fitted life jackets as required by law. Drowning is one of the leading causes of death in boating accidents.
• Stay Sober: Operating a boat while under the influence of drugs or alcohol is illegal and dangerous. It impairs judgment, coordination and reaction time.
• Follow Speed Limits: Obey all speed limits and navigation rules especially in congested areas or near docks and marinas.
• Maintain Your Boat: Regularly inspect and maintain your vessel to make sure all mechanical systems are in working order. Failure to do so can lead to breakdowns or accidents.
• Check the Weather: Always check the weather forecast before you head out on the water and be prepared to change your plans if conditions get worse.

FAQs

What to Do Immediately After a Boat Accident?

Get medical attention, document the scene, report the incident to the authorities and call Keller Swan to talk to a boat accident attorney.

How Do I Prove the Other Party Was Negligent in a Boat Accident?

Negligence in a boat accident means the other party failed to exercise reasonable care and their actions caused the accident and your injuries. Evidence such as accident reports, witness testimony and expert analysis can help support your claim.

Can I Recover if I Was Partially at Fault?

Yes. Florida is a comparative fault state, so even if you were partially at fault you can still recover. But your damages will be reduced by the percentage of fault assigned to you.

Call Keller Swan Today

If you or a loved one has been involved in a boat accident in Boca Raton, Florida and need a lawyer, call Keller Swan Injury Attorneys. Our attorneys will help you get the justice and compensation you deserve. Contact us today for a free consultation and get started today.