The vast Intercoastal Waterways make Cocoa Beach a popular draw for boaters eager to explore the mangrove forests, marshes, and wildlife found along the Banana River and in the Indian River Lagoon. Whether you are fishing or waiting for sunset, these pristine settings are picture-perfect, until you are in an accident.
Your life jackets are packed, you are carrying a fire extinguisher, and your lights and sound system work. You can be the most responsible boater in Florida, but if another boater is not, accidents will occur. Some boaters are inexperienced, drunk at the wheel, or show off for passengers, which distracts them from what is going on around them. If you are injured because another boater is reckless or careless, a Cocoa Beach boat accident lawyer with The Umansky Law Firm can assess your personal injury case to determine the best legal strategy that could get you compensated.
According to Florida Highway Safety and Motor Vehicles, you do not need a license to operate a watercraft, but people born on or after January 1, 1988, are required to have successfully completed a boating education class sponsored by the National Association of State Boating Law Administrators (NASBLA) or pass an equivalent course or temporary certificate exam. If your boat operates on a motor that has at least 10 horsepower, you must also carry a photo ID and a boater education ID card. Despite the rules meant to keep everyone on the water safe, some accidents occur because boat operators:
The United States Coast Guard reports that of all the contributing factors in boat accidents, alcohol use is the leading factor, causing about 16 percent of all boating fatalities annually.
In Florida, operating a boat under the influence (BUI) of alcohol, with a blood alcohol content of 0.08 or more, or operating a boat while high on drugs is illegal under Florida Statutes § 327.35. Boat operators can rack up criminal charges, but if they cause an accident attributed to boating while drunk, they can be held liable for physical, financial, and emotional injuries in civil court, too. A knowledgeable Cocoa Beach boat accident attorney can navigate with you toward a suitable recovery from an insurance settlement or through litigation.
While intentional reckless acts can be the basis of personal injury claims, they are more often brought for negligence. The law requires all people to act like a reasonable person would act in the same situation. Boaters should have taken a boating education course and should refrain from dangerous behavior like operating a watercraft while drunk.
If a boater breaches this duty to act responsibly and causes an accident that injures you, a lawsuit is the appropriate method of recouping your losses. The defendant’s actions must be the foreseeable cause of the boat accident, which means you would expect to see the injurious outcome that did, in fact, occur. Talk to our Cocoa Beach lawyers to discuss the merits of your boat accident case.
Damages are divided into economic and non-economic, and together they are known as compensatory damages. Economic damages are awarded to reimburse you for the money you lay out for medical care or to repair your boat. They also cover the money you lose while recuperating, including your wages. Non-economic damages require the jury to put a price tag on subjective losses, such as the emotional pain you are in because of your injuries, or that you must live with the loss of a limb or with a disability. These damages address your diminished quality of life.
You are less likely to become involved in a boating accident if you follow safety rules and Florida law, but if another boater’s negligence affects your life and you are now wondering what you should do after an accident, call us.
The attorneys at The Umansky Law Firm can map a plan for you that may include negotiation and reviewing insurance settlements or prevailing upon a jury to award you what is fair. Call a Cocoa Beach boat accident lawyer now to discuss how the services we offer can benefit you.
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