The sunshine state is famed for its crystal blue waters and abundance of watersports, but if you’re headed out on the water you should bear in mind the dangers you’re facing. Unfortunately, people tend to be more reckless driving boats than they do cars, and almost always a boat accident leads to injuries. Not only that, boating accident liability is notoriously difficult to prove.
There are several different things that can go wrong in a boating accident: from negligent operation to severe weather conditions. The situation which causes the accident will certainly indicate which party is at fault, but that isn’t always easy to prove. So much so in fact, that serious boating accidents often require thorough investigation carried out by experts in the field. Water isn’t like a road where an accident scene can be preserved, and often several parties can be at fault. This is why if you’re involved in an incident it’s important to speak with qualified and experienced representation as soon as possible.
If your case is going to be successful, you will need to prove negligence of another party. This might be another boat driver, the operator of your boat, the manufacturer, the rental company, the owner, or even another passenger. It is your right to sue another party if you feel they are liable. Just your injuries is not evidence enough, it needs to be proven the party in question didn’t conduct themselves with reasonable care in the situation. Boating regulations for the state can be found on the Florida Fish and Wildlife Conservation Commission’s website.
If you collide with another boat it can be notoriously hard to prove who is liable, as sometimes it can be both parties fault. If this is the case, the judge might decide to assign a portion of the blame to each party. This means that the percentage of blame must be decided, and then each party is liable for that amount.
Crashing into an object often means the operator will be liable. This is true if they collide with an item, they’re not adhering to the speed limit,or if they’re acting without due care and diligence in any way.
In complicated negligence cases it’s integral to build a strong case and to work with representation who are well-versed in this area of the law – speak with the team at Franco Law Firm for guidance.