Experienced Boca Raton Boating Accident Attorneys
South Florida is one of the boating capitals of the United States, with millions of residents and visitors taking to the Intracoastal Waterway, the Atlantic Ocean, and countless lakes and canals each year. Unfortunately, this popularity also makes Florida the national leader in boating accidents, injuries, and fatalities.
At Roselli & McNelis, our trial attorneys have successfully represented individuals injured in boating and watercraft accidents, as well as the families of those killed on Florida's waterways, for over five decades. Boating accident claims involve complex maritime and state laws that require experienced legal representation. We have the knowledge and resources to hold negligent boat operators, rental companies, and watercraft manufacturers accountable.
Types of Boating Accidents We Handle
Our attorneys have extensive experience with all types of watercraft accidents throughout Florida, Texas and the United States, including:
- Motorboat Collisions: Collisions between motorboats, or between motorboats and fixed objects like docks, bridges, and channel markers, are the leading cause of boating injuries in Florida.
- Jet Ski and Personal Watercraft Accidents: Jet skis and wave runners are involved in a disproportionate number of boating injuries due to their speed, maneuverability, and the inexperience of many operators.
- Pontoon and Party Boat Accidents: Overcrowding, intoxicated operators, and inadequate safety equipment on pontoon and party boats frequently lead to serious injuries and drownings.
- Sailboat Accidents: Boom strikes, capsizing, and collisions involving sailboats can cause severe injuries, particularly when operators fail to follow navigation rules.
- Commercial Vessel Accidents: Charter boats, fishing vessels, and tour boats must comply with strict safety regulations. When operators or companies cut corners, passengers pay the price.
- Kayak and Canoe Accidents: While not motorized, kayaks and canoes are still vulnerable to collisions with motorboats and dangerous water conditions, especially when operators fail to maintain a proper lookout.
Common Causes of Boating Accidents in South Florida
Understanding the cause of your boating accident is essential to establishing liability. The most common causes of boating accidents in Florida include:
- Operator Inexperience: Florida does not require a boating license for all operators, leading to many accidents caused by individuals who lack the skills and knowledge to safely operate a watercraft.
- Boating Under the Influence (BUI): Operating a boat while under the influence of alcohol or drugs is illegal in Florida and is a leading cause of fatal boating accidents. Sun, heat, wind, and wave motion amplify the effects of alcohol on the water.
- Excessive Speed: Operating a watercraft at unsafe speeds, especially in no-wake zones, near marinas, or in congested waterways, dramatically increases the risk and severity of collisions.
- Failure to Maintain a Proper Lookout: Boat operators have a legal duty to keep a constant watch for other vessels, swimmers, and hazards. Distracted or inattentive operators cause many preventable accidents.
- Equipment Failure: Defective steering systems, engine failures, and malfunctioning navigation equipment can cause operators to lose control, leading to collisions, capsizing, or groundings.
- Inadequate Safety Equipment: Failure to provide sufficient life jackets, fire extinguishers, navigation lights, and distress signals violates both state and federal boating safety laws.
Florida Boating Laws and Regulations
Boating accident claims in Florida may involve a combination of state and federal maritime law. Important regulations include:
- Florida Boating Safety Act: Florida Statute Chapter 327 establishes rules for vessel operation, registration, safety equipment requirements, and BUI penalties that apply to all watercraft operators.
- Federal Maritime Law: When accidents occur in navigable waters, federal admiralty and maritime law may apply, providing additional avenues for compensation and different procedural rules.
- BUI Penalties: Florida imposes criminal penalties for operating a vessel with a blood alcohol level of 0.08% or higher. A BUI violation is strong evidence of negligence in a civil injury claim.
- Rental Company Liability: Companies that rent boats, jet skis, and other watercraft may be liable for injuries if they failed to properly maintain the vessel, provide adequate safety instructions, or screen operators.
Damages Available in Boating Accident Claims
Boating accident injuries are often severe, involving drowning, near-drowning, propeller strikes, and blunt force trauma. If you or a loved one has been injured, you may be entitled to recover:
- Medical Expenses: Emergency rescue and treatment, hospitalization, surgeries, rehabilitation, and all ongoing medical care necessitated by your injuries.
- Lost Income: Wages lost during your recovery and diminished future earning capacity if your injuries are permanent or long-term.
- Pain and Suffering: Physical pain, emotional trauma, PTSD, anxiety related to water, and the overall diminished quality of your life following the accident.
- Wrongful Death: If a loved one was killed in a boating accident, surviving family members may recover funeral and burial expenses, loss of financial support, and loss of companionship.
- Punitive Damages: When a boat operator acted with gross negligence or was intoxicated at the time of the accident, Florida law may allow punitive damages to punish the wrongdoer.
Why Choose Roselli & McNelis for Your Boating Accident Case?
Boating accident cases require attorneys who understand both Florida personal injury law and the unique maritime regulations that govern accidents on the water. Here is why victims throughout Florida, Texas and the United States trust our firm:
- Civil Trial Lawyers: Our attorneys are certified by the Florida Bar in Civil Trial Law, placing us among the top 1% of Florida lawyers in courtroom expertise.
- Decades of Experience: With over 50 years of combined experience, we have the knowledge and courtroom skills to handle even the most complex boating accident claims.
- Thorough Investigation: We work with accident reconstruction experts, marine surveyors, and medical professionals to build the strongest possible case for our clients.
- No Fee Unless We Win: We work on a contingency fee basis. You pay nothing unless we secure compensation for your boating accident injuries.
Frequently Asked Questions
First, ensure the safety of everyone involved and call for emergency assistance if anyone is injured. Under Florida law, the operator of a vessel involved in an accident must stop and provide assistance. Report the accident to the Florida Fish and Wildlife Conservation Commission (FWC) if there are injuries, death, or significant property damage. Seek medical attention immediately, even if your injuries seem minor. Document the scene with photographs if possible, and contact Roselli & McNelis before speaking with any insurance companies.
Yes, in many cases boat rental companies can be held liable for injuries. They have a duty to properly maintain their vessels, provide adequate safety equipment, give clear operating instructions, and ensure that renters are competent to operate the watercraft. If a rental company failed in any of these duties and their negligence contributed to your accident, they may be held financially responsible for your injuries. Our attorneys will investigate all potential sources of liability in your case.
The statute of limitations depends on the specific circumstances of your case. Under Florida state law, you generally have four years from the date of the accident to file a personal injury lawsuit and two years for wrongful death. However, if federal maritime law applies to your case, different deadlines may be in effect. Because boating accidents can involve complex jurisdictional questions, it is important to consult with an attorney as soon as possible to ensure you do not miss any critical deadlines.