A day on Florida’s waterways can change in an instant. A boating accident may leave you with injuries, medical bills and many questions about what happened. Sometimes the cause seems clear. In other situations, more than one person or business may have contributed to the accident. Learning how responsibility works after a boating accident may help you better understand your options and the types of compensation that could be available.
Which parties could share responsibility?
A boating accident may happen because of one mistake or several problems. That means more than one person or business could be responsible for your injuries.
Depending on what happened, responsibility could involve:
- A boat operator who acted carelessly, such as speeding or operating the boat while impaired
- A boat owner who did not keep the vessel in a safe condition
- A rental company that provided an unsafe or poorly maintained boat
- A repair or maintenance company that did not complete repairs correctly
- A manufacturer if a defect in the boat or its equipment contributed to the accident
Every accident is different. The facts of your case may determine who shares responsibility.
How could maritime and state laws affect your claim?
The laws that apply to your boating accident may depend on where the accident happened.
If the accident took place on navigable waters, such as the ocean, Intracoastal Waterway or a river used for commercial traffic, federal maritime law will often apply. Maritime law generally uses a rule called pure comparative negligence. This rule may allow you to recover compensation even if you were mostly at fault. However, your share of the blame could reduce the amount you recover.
If the accident happened on a landlocked lake or another non navigable body of water, Florida law will usually apply. Florida applies a modified comparative negligence standard. You may still recover compensation if another party shares responsibility. However, if the court or jury finds you more than 50% responsible for the accident, you generally cannot recover damages.
Because several people or businesses may contribute to the same accident, investigators often look at each party’s actions before deciding who is responsible.
What evidence could help show who was at fault?
The right evidence may help explain how the accident happened and who may have caused it. Looking at several types of evidence often gives a clearer picture than relying on one person’s account.
Helpful evidence may include:
- Reports documenting the boating accident
- Statements gathered from witnesses
- Photos or videos capturing the accident scene
- Records of boat maintenance and repairs
- Records from safety inspections
- Reports on weather and water conditions
After reviewing this information, investigators may find that several factors contributed to the accident.
What compensation could you recover?
If another person’s negligence caused your injuries, you may have the right to seek compensation for both your financial losses and the effect the accident has had on your life. Depending on the facts of your case, compensation could include medical expenses, lost income, pain and suffering, future medical care and other accident related losses.
Protecting your financial recovery
Questions about responsibility may become more complicated when several parties share fault or when both federal and Florida laws may apply. Every boating accident has its own facts. Learning which laws apply to the location of your accident and gathering evidence as early as possible may help you better evaluate your legal options. If responsibility remains unclear, seeking legal guidance may help you better assess your potential claim and the compensation that could be available.