Tampa Boating Accident Lawyer

Tampa Boating Accident Attorney

Recreational boating is a way of life for many Tampa residents. While a day out on the water can be relaxing and fun, all it takes is momentary negligence by another boat driver to cause a serious accident. If you or a loved one were harmed by someone else out on the water, you can hire a Tampa boating accident lawyer to find compensation for your injury. Our team understands personal injury law and how it relates to injuries that occur offshore.

Boating and watercraft accidents are commonplace in Tampa, and injured victims should seek legal counsel from a law firm that gets results for clients. When you choose The Frank Santini Law Firm, you are partnering with a top law firm founded by an experienced and widely respected personal injury lawyer. Our team has represented many clients over the years and helped them receive fair compensation.

Common Types of Boating Accidents

Boating is a popular activity in Florida. From Tampa Bay to Clearwater, the beautiful Gulf waters are often packed with people of all ages seeking fun and relaxation on or near the water. Boating activities come with risks, though. Knowing the common types of boating accidents can help you stay safe on the water and understand your rights if you’re involved in one.

• Collisions with other vessels. Collisions between boats are one of the most frequent types of accidents. Boats can collide when boaters fail to follow established navigation rules. Speeding in crowded areas can lead to boat collisions as well. Distracted boat operators can fail to take precautions when passing other boats. Collisions can result in serious injuries, property damage, and even fatalities.
• Grounding. Grounding happens when a boat hits the shore, rocks, or a sandbar. Passengers can be seriously injured or thrown off the boat following a grounding. This type of accident can damage the boat as well. Grounding is often caused by poor navigation, low visibility, or failure to use navigational charts.
• Capsizing. A boat can overturn due to rough waters, improper loading, or sudden shifts in weight. Small boats, such as kayaks and canoes, are particularly vulnerable. Capsizing poses a significant risk of drowning, especially if life jackets aren’t worn.
• Falls overboard. Whether due to rough water, abrupt boat maneuvers, or another cause, a fall overboard can cause serious injuries or even fatalities. Falls often happen when passengers stand or move unsafely on the boat, especially in rough conditions. Wearing a life jacket can be lifesaving in these situations.
• Boating under the influence (BUI). Operating a boat under the influence of alcohol or drugs is illegal and extremely dangerous. BUI is a leading cause of boating accidents in Florida, often resulting in collisions, capsizing, and other dangerous situations.
• Equipment failure. Mechanical issues or equipment failure can lead to accidents, especially if safety gear like radios, engines, or lights malfunction. Regular maintenance is key to preventing these incidents.

These are a few of the ways in which boating accidents in Tampa can occur. There are, unfortunately, many ways in which your safety on the water can be jeopardized. Practicing proper boating safety can help keep you from injury, but it may not completely help you avoid other negligent boaters. No matter the cause of your accident, you deserve someone who will fight for you.

Steps for Seeking Compensation Following a Boating Accident in Tampa

If you were injured in a boating accident due to someone else’s negligence, you are allowed to seek compensation by hiring a personal injury lawyer. Some people may think that the legal process for seeking compensation is complicated for plaintiffs, but this isn’t usually the case. Your attorney can handle the bulk of the negotiations and legal filings on your behalf. Plus, personal injury lawyers typically do not require up-front payment for their services.

You don’t want to wait too long to take legal action. The statute of limitation for most personal injury cases is two years in Florida. If you miss that deadline, you may not be eligible for compensation through the civil courts.

Your attorney may begin by contacting the at-fault party or group with a demand for compensation. A fair settlement should compensate you for your financial losses resulting from the boating injury. This could include lost wages, medical bills, or even payments for future medical treatments.

To ensure your lawyer is equipped to keep your case moving forward, make sure to document the incident with photos or videos that capture the scene, including the location, objects involved, and any property damage. It’s crucial to seek medical attention and report the accident to authorities promptly, as this helps establish your injuries and damages. Gather the contact information of the boat owner, all involved parties, and any eyewitnesses to strengthen your case.

If your lawyer is successful in securing a fair settlement, it may come from the at-fault party’s insurance carrier. Anyone who owns and operates a boat in Florida is required to carry insurance that works similarly to car insurance. In cases where the boater is underinsured or uninsured, your lawyer can take direct legal action on your behalf by filing a personal injury claim in court.

How Florida’s Comparative Negligence Law Could Impact My Case?

Florida’s comparative negligence law can significantly affect your case. While your lawyer can go over the specifics, here’s a brief overview. Under the law, any party found more than 50% at fault for causing their injuries is barred from recovering damages through the courts.

For boating accidents, this means that if you were involved in a boat collision, the courts would first determine that you are not 50% or more at fault for the accident. If you were speeding or operating your boat recklessly at the time of the accident, for example, your ability to pursue a claim could be completely blocked.

However, if you are found to be less than 50% at fault, you can still recover damages, though they will be reduced based on your percentage of fault. For instance, if the court finds you 30% responsible, your potential compensation will be reduced by that percentage.

This law makes it critical to have strong legal representation in boat accident cases. An experienced attorney can help build a solid case to minimize your assigned fault and maximize your potential recovery under Florida’s comparative negligence system.

FAQs About Tampa, FL Boating Accident Laws

What Is a Legal Reason to Report a Boating Accident in Florida?

In Florida, you must legally report a boating accident if it results in injury, death, or significant property damage. Additionally, accidents involving a disappearance or an individual who is seriously injured must be reported to law enforcement. Prompt reporting ensures compliance with state laws and helps in any subsequent legal proceedings. If you have questions about reporting requirements, your attorney can be a trusted source of legal counsel.

What Are Useful Tips for Avoiding Boating Accidents?

To avoid serious injuries on the water, always wear a lifejacket, and passengers are required to do so as well. Avoid alcohol consumption while operating a vessel and ensure all safety equipment is on board and functional. Additionally, take a boating safety course to enhance your skills and knowledge about safe boating practices.

What Is the Leading Cause of Death in Boating Accidents in Florida?

The leading cause of death in boating accidents in Florida is drowning. This cause of death is often tied to a lack of safety precautions like the use of lifejackets or personal floatation devices. Many fatalities occur when boaters are ejected from the vessel or fall overboard, particularly in cases involving alcohol consumption or rough waters. Boaters should ensure that anyone on their boat is wearing proper safety equipment.

Can I Take Legal Action If I’m Assaulted on a Boat?

You can take legal action if you are assaulted on a boat in Florida. Assault and battery are criminal offenses, but you also have the option to file a civil lawsuit for damages. Your lawyer can determine the right course of action. One factor that could influence the case is whether the assault occurred on a commercial or private boat.

What Must You Do Before Leaving a Boating Accident in Florida?

Before leaving a boating accident in Florida, you must take several steps. First, ensure the safety of all individuals involved and help if there are injuries. Next, exchange information with other parties, including names, addresses, and vessel registration details. Additionally, report the accident to the authorities if it results in injury, death, or property damage.

Tampa Boating Accident Lawyer

A boating accident in Tampa can leave you seriously injured and financially strained. Under Florida law, you have the right to demand that the at-fault party compensate you for your injuries. Navigating the court system without legal representation can be difficult. Ultimately, you may end up attempting to file a claim without the help of an attorney.

The Frank Santini Law Firm can handle the paperwork on your behalf and vigorously negotiate a fair settlement that fully compensates you for your past and even future financial losses. Our founding attorney is highly respected in the Tampa community for being a fierce and tireless advocate for his clients. To schedule your boating accident consultation with our law firm, contact our office today.