Boating Accidents
Florida boasts the highest number of recreational boats nationwide, with over 1 million registered vessels in 2022, as reported by the Florida Fish and Wildlife Conservation Commission. However, the increased number of boats on the water also brings a greater risk of potential accidents.
Shockingly, Florida had 735 boating accidents in 2022, resulting in 65 tragic fatalities. As a lifelong Florida resident, and personal injury attorney with nearly 30 years of experience, I’ve seen the devastating impact of boat accidents firsthand from catastrophic injury cases that I’ve handled. Far too often they result in serious injuries or death that could’ve been completely avoided if safety precautions were followed.
Common Injuries From Boating Accidents
Many different types of injuries can result from a boating accident, including:
- Traumatic brain injury: The force of a collision, or the force of hitting the boat deck hard in an accident, can cause lasting damage to the brain, leading to cognitive impairment, mood changes, personality changes, and more.
- Spinal cord damage: The force of hitting the deck, flying objects, or another vessel colliding could damage the spinal cord, leading to full or partial paralysis.
- Electrical injury: Water and electricity don’t mix well, and electrical injuries are common when something goes wrong on a boat.
- Drowning: Even those who can swim are at risk of drowning in a boating accident, and it only takes minutes for tragedy to occur.
- Amputation: If a victim experiences a crushing injury or becomes trapped between two objects, it’s possible that limbs will be damaged severely enough that amputation becomes necessary.
- Hypothermia: Adverse weather conditions at sea, especially if the victim is thrown into the water in a boating accident, can cause hypothermia to occur
These are just some of the many common injuries that result from boating accidents. Diaco Law will help you demonstrate the severity of your injuries and their impact on your quality of life and earning power so you can be fully compensated for your damages.
Types of Damages Available to the Victim
When you are the victim of a boating accident, you deserve to be “made whole.” This means you should be compensated in full for losses caused by the accident. You should be paid back for any economic damages and receive additional funds to compensate you for non-economic loss.
Here are some of the different kinds of damages you should expect to receive after a Tampa boating accident:
- Medical bills: All bills already paid when your case is resolved should be covered, and you should receive additional compensation for future medical care costs.
- Loss of income/wages: If you missed earning any income already or if your future earning power is reduced from your boating accident injuries, you should be compensated
- Pain, suffering, and emotional distress: These are non-economic damages you are paid for to cover the physical and mental damage you are experiencing because of the accident.
Diaco Law can help you understand what your case is worth and negotiate a fair settlement or fight in court to get you the money you need to rebuild after your boating accident.
Boating Accident Statute of Limitations in Tampa, FL
Boating accident claims are typically based on negligence, and Florida Revised Statute section 95.11 makes clear that negligence actions must be brought within two years.
If you wait beyond this time, your case will be time-barred and can’t move forward, so don’t hesitate to get help and start building your claim.
How Common Are Boat Accidents in Tampa?
Tampa is located in Hillsborough County. According to the Florida Boating Accident Statistical Report, there were 17 reportable boating accidents, one fatality, and 14 injuries in this county in the most recent year for which data is available. There were also 1,098,700 incidents of property damage, and there is an overall accident rate of one accident per 2,499 vessels.
Unfortunately, even one boating accident is too many because of the life-saving consequences the incident can have on those who were harmed. If you or someone you love was a victim, contact Diaco Law as soon as possible to get help in your pursuit of justice.
What safety measures help prevent boat accidents?
Before leaving shore, it’s crucial to prioritize safety.
- Check the weather forecast thoroughly and remain vigilant for any sudden changes while on the water.
- Ensure that the boat operator possesses adequate knowledge of safe operation and remains sober. In Florida, DUI laws apply to a boat operator in the same manner as a drunk driver of a car. Additionally, it’s beneficial for the boat operator to review the area and be aware of no wake zones, slow zones, speed limits, restricted areas, etc.
- Shockingly, no boating license or safety course is required of an adult who is over 21 years of age to lawfully operate a boat in Florida. Only individuals aged 21 and under are required to complete a boating safety course and obtain a boating safety education ID card to operate a boat with 10 horsepower or more. However, Diaco Law Firm’s Tampa boating accident lawyers advocates for ALL boat operators to undergo proper training to prevent accidents.
- Ensure the boat has ALL the proper safety equipment for each passenger: Making a pre-departure checklist is a critical step to confirm the functionality of one’s safety and communication equipment. Having an operable two-way radio is essential for ensuring the ability to communicate during a potential emergency.
- If you are boating far offshore, it is a very good idea to have an EPIRB, or Emergency Position Indicating Radio Beacon. These devices emit a signal to first responders enabling them to find your precise location so they can save your life in the event of boat capsizing or other emergencies.
- Florida law requires life jackets for all boat passengers, regardless of age. Infants need specially designed life vests, as mandated by state law. Additionally, most boats have a passenger limit that must be adhered to for safety reasons.
If a boat operator does not follow these safety precautions they could be found negligent and liable for a potential accident resulting in injury or death, in which you should get in contact with a Tampa boating accident attorney as soon as possible.
What are the most common causes of boat accidents in Florida?
Nearly half (43%) of reported boating accidents stem from operator inexperience and/or operator inattentiveness. Shockingly, out of the 65 operators involved in fatal accidents in 2022, 45 lacked formal boating education (Florida Fish andWildlife Conservation).
Other common causes of boating injuries and fatalities are:
- Alcohol use: Impaired judgment and slowed reaction times increase the risk of accidents, potentially resulting in injuries or fatalities. Just like driving a car under the influence, boating while intoxicated can lead to legal repercussions such as fines, license suspension, and even jail time.
- Excessive speed
- Machinery failure
- Weather
- Overcrowding/ overloading the boat
Do personal watercraft have to abide by the same rules as boats in Florida?
Yes, it’s important to note that in Florida, and most other states, jet skis and other personal watercraft must follow the same rules and regulations as boats. When operating a personal watercraft, like a wave runner, it’s important to be aware of your surroundings and limitations as an operator.
Ensure you have sufficient fuel, always wear a life jacket, follow the local laws while operating the watercraft, and NEVER drive under the influence. If you are a personal watercraft owner, it’s important to have sufficient liability insurance, as you are responsible for any negligence resulting in injury or death, which unfortunately is very common. Personal watercraft are often entrusted to young and inexperienced operators who do not understand the unique and difficult manner in which personal watercraft are safely operated.
Call (813) 221-7978 to schedule a free consultation with our Tampa boating accident lawyers or contact us online.
