Lakeland Boating Accident Lawyer

Common Boating Accident Causes and Liability

When boating accidents occur, there are many parties who may be at fault. Operating a boat safely is complicated and involves the cooperation of everyone who is responsible for manufacturing, repairing, and driving the vehicle.

Some common causes of boating accidents include:

• Operator Negligence: Possibly the most common cause of boating accidents, operator negligence involves any action in which a driver is failing to operate their boat safely. This may include speeding, distracted driving, disregard of laws, or general recklessness.
• Operator Inexperience: Due to the complex nature of driving a boat, only people with significant experience are able to do so safely. A driver’s lack of boating knowledge and familiarity with a vehicle can contribute to accidents. Although these types of accidents can be the fault of the driver themselves, liability can also fall on the people who allowed an inexperienced boater to drive.
• Boating Under the Influence (BUI): Boating under the influence of alcohol or drugs can cause serious accidents. Drivers who boat under the influence may face civil liability and criminal charges. Businesses that provided the driver with alcohol could also be held liable for damages under Florida’s dram shop laws.
• Improper Maintenance and Repair: A boat that has not been properly maintained can be a cause of accidents. In these cases, operators, mechanics, and owners of the boat could be liable for damages.
• Defective Boat Parts: A boat may be unable to operate safely because it was designed or manufactured incorrectly. Those responsible for producing the defective boat or boat parts can be held liable.

When it comes to establishing the liable party, our team will work on first proving the four components of negligence: duty, breach, causation, and damages. The responsible party must have owed a duty of care, such as operating the boat safely or following boating laws. Next, there must be a breach of that duty, like reckless driving or failing to maintain the vessel. Causation connects the breach directly to the accident, showing that the negligent actions led to the harm. Finally, damages must be proven, whether they involve medical expenses, property damage, or other losses. Proving these elements is key to establishing liability and pursuing compensation in a boat accident case.

Breaking Down Florida Boating Laws

Florida law regulates the sale and operation of all watercraft in the state. Although there are minimum age requirements for operators of personal watercraft (such as a jet ski), there is no age requirement for driving a boat in the state. Florida does, however, require boat operators to carry a photo ID and a Boating Safety Education Identification Card from the Florida Fish and Wildlife Conservation Commission, which signifies that a driver has completed a boating safety course. Drivers who unsafely operate a boat could face criminal penalties including charges for boating under the influence (BUI) or reckless operation,

The state of Florida also has established laws that govern what actions should be taken in the event of a boating accident. If you are driving a boat and are involved in a boating accident, you are required by law to provide assistance to everyone else involved and must report the accident to the local police, the county sheriff, or the Florida Fish and Wildlife Conservation Commission.

People who own boats are not required to have boating insurance in Florida. You may file a claim with an owner’s insurance provider if they have insurance, but will more likely need to pursue a personal injury lawsuit against the liable parties if you are injured in a boating accident.

Why Choose Dismuke Law for My Boating Accident Claim?

At Dismuke Law, our commitment to your boating accident claim begins with a strategic approach. This involves both collecting critical evidence and tirelessly fighting for a settlement that truly reflects the full extent of your losses.

Collect Evidence

Gathering strong evidence is the foundation of any successful boating accident claim. At Dismuke Law, we understand what it takes to build a solid case. Our team works quickly to secure crucial evidence like witness statements, photos of the accident scene, maintenance records, and official reports. We may also bring in experts to reconstruct the accident and analyze factors like weather conditions, boat defects, or operator negligence. With our thorough approach, we ensure that every piece of evidence supports your claim and helps prove liability.

Fight for a Worthy Settlement

Securing a fair settlement goes beyond calculating immediate damages — it’s about ensuring your future needs are covered as well. The attorneys at Dismuke Law aggressively negotiate with insurance companies, aiming to recover compensation that fully accounts for medical bills, lost wages, pain and suffering, and any long-term care needs. If insurers offer less than what you deserve, we are ready to take your case to trial. With our experience and commitment, we work tirelessly to achieve the best possible outcome for you and your family.

Contact Us to Schedule a Free Consultation Today

At Dismuke Law, we know how overwhelming it can be to navigate a boating accident claim, especially when you’re dealing with injuries and financial stress. We treat every client with personalized care, ensuring that no detail is overlooked as we fight for the compensation you deserve.

When you choose Dismuke Law, you’re not just hiring an attorney — you’re gaining a dedicated team that treats you like family. We work tirelessly to outprepare our adversaries and achieve the best possible results for our clients. Ready to take the next step? Contact us today for a free consultation at (863) 250-5050 or visit our contact form.