Articles Posted in Boating Accidents

In the aftermath of a tragic boat crash in Biscayne Bay that took the life of a teenage girl and left another with severe injuries, significant concerns have emerged regarding investigative oversights. Prosecutors failed to interview a key eyewitness before filing misdemeanor charges, even though the witness provided critical testimony that contradicted the defense offered by the boat’s operator. This incident underscores the vital role thorough investigations play in cases involving serious injuries or fatalities, especially when the victims and their families seek justice through personal injury claims.

Investigative errors, such as neglecting to gather all available evidence, can have far-reaching consequences on the outcome of personal injury lawsuits. When key facts are overlooked or not adequately examined, it may delay the legal process and complicate the pursuit of fair compensation for victims. This case illustrates why meticulous fact-finding and evidence collection are essential for holding negligent parties accountable, particularly under Florida’s personal injury laws. Such cases often determine the financial recovery for victims dealing with medical expenses, long-term disabilities, or loss of life.

The Boat Crash and Prosecutorial Oversight

The boat crash occurred on a September evening, killing one passenger and severely injuring another. The operator of the vessel, heading back to Key Largo, claimed that another boat’s wake forced him to lose control, slamming into a channel marker at high speed. However, eyewitnesses have refuted this account, stating no other boat was involved. One eyewitness, a yacht captain two boats behind the operator, provided his contact information to law enforcement but was never interviewed by prosecutors before charges were filed.

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Florida is known for having a vibrant boating culture. Unfortunately, that boating culture has a hidden price, vessel accidents. According to reports by the Treasure Coast Newspapers, in 2021, Florida boaters experienced a total of 751 accidents, including 60 fatalities, 469 injuries, and roughly $20 million in property damage. The report states that the leading causes of the boating accidents were collisions with other vessels, accounting for 250 crashes, and collisions with fixed objects, accounting for 149 of the crashes. The report goes on to highlight that as Florida vessel registration numbers have increased every year since 2013, so have boating accidents. Causes of the crashes and accidents range from drugs, alcohol, and tricky weather conditions, to difficulties navigating unfamiliar routes.

Florida boat drivers and passengers should be aware of the laws on the books in the state when it comes to vessel accidents. In Florida, vessel homicide is defined as the killing of a human being by the operation of a vessel by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vessel homicide does not require that the person knew that the accident result in injury or death. This is a serious charge that can result in significant jail time for anyone convicted. A recent news article detailed a fatal Florida boat crash.

According to the news article, the accident occurred when a Palm City man was driving his friend’s 26-foot Caroline Composite center console motorboat through the Intercoastal in October 2019 when he crashed into a channel marker at high speed. Five of the eight people in the boat were tossed overboard. The driver’s wife and his friend’s 20-month-old daughter died in the crash. The accident occurred around 7:40 pm in the evening when the two families piled into the boat after dinner. Investigators state that the driver had several drinks with dinner prior to getting behind the wheel and deciding to take a shortcut home. Prosecutors said that it was a dark and hazy night and the boat’s GPS was not working when the driver slammed into an unlit channel marker.

A Florida appellate court recently reviewed a woman’s appeal after a trial court compelled arbitration of her personal injury lawsuit. The case arose when she sought damages following injuries she suffered in a boat accident. She suffered injuries on the ladder of a boat she rented as part of her club membership with the defendant. In response, the defendant moved to dismiss the complaint, and in the alternative, compel arbitration. The plaintiff filed a response, contending that the defendant waived its right to arbitrate by filing and participating in a limitation of liability action in federal court.

The record indicates that the defendant filed a complaint in federal court for exoneration based on several issues including the Limitation of Shipowners’ Liability Act. The complaint addressed the plaintiff’s claim, and the plaintiff answered by filing her lawsuit, raising affirmative defenses, and preserving her right to a jury trial. After that, the defendant objected to all of the plaintiff’s assertions and argued that her injuries resulted from her negligence moved to compel arbitration.

Under Florida law, waiver occurs when a party voluntarily and intentionally relinquishes a known right or conduct. Courts evaluating whether a party waived their right to arbitrate must look at the totality of the circumstances and whether the defaulting party acted inconsistently with their right to arbitrate. Florida courts have held that initiating a lawsuit without seeking arbitration amounts to an affirmative selection of a path that runs counter to the point of arbitration. Once a party waives their right to participate in arbitration, they may not reclaim their right without the other party’s consent.

In Florida, where sunshine and warm weather attract thousands of tourists and residents to its waters nearly year-round, water activities are a common way to enjoy all that the state has to offer. Unfortunately, water activities involving jet skis and water runners can often pose significant risks to those who operate them—especially if they do not have adequate experience or knowledge of the risks. To best protect yourself on your next vacation, it is important to understand the potential risks of these activities so that you can enjoy your time on the water—but do so safely.

According to a recent local news report, a tragic jet ski crash led to the death of a Florida woman. The Florida Fish and Wildlife Conservation Commission reported that a jet ski occupied by a man and woman was traveling north on Pablo Creek when the driver attempted to navigate the jet ski under a bridge while traveling approximately 20 to 25 miles per hour. The male driver crouched down to drive under the bridge, but his female passenger failed to crouch down and struck her head. After she collided with the bridge, she was thrown into the water. She was pulled from the water and brought on to the shore by the St. Johns County Fire Rescue, where she was pronounced dead. Local authorities report that the accident is still under investigation.

This jet ski accident is just one of many that take place in Florida when the state’s waters are crowded during the warmer months. Although many Floridians are familiar with jet skis, they may not fully understand the risks of operating or owning one, or the corresponding laws.

Personal Watercrafts (PWC) such as Jet Skis, WaveRunners, and Sea-Doos, are popular on Florida’s vast coastline. However, according to the United States Coast Guard (USCG), Florida PWC riders and passengers have a higher collision rate than almost any other type of watercraft. PWC accidents occur for various reasons, including operator inexperience, excessive risk-taking, and noncompliance with water safety rules.

Inexperienced operators and passengers are one of the leading causes of PWC accidents in Florida. According to the USCG, the majority of accidents involve operators between the ages of 11 to 20. Only approximately 18% of the accident claims involved owners, meaning that most injury victims do not involve an owner but instead friends or family members. Although some newer PWC models have special settings for new riders that limit the power output, many models do not have this safety function. Moreover, the USCG and National Transportation Safety Board report that over 80% of PWC accidents occur less than an hour into a ride. Nearly half of PWC injury victims reported never operating a device before the accident. As such, the majority of PWC accidents involve young, inexperienced, non-owner operators.

In addition, to rider inexperience, accident claims reveal that over 70% of PWC collisions involve another vessel, usually other PWCs. Inexperienced riders are often unfamiliar with how to control their speed and judge appropriate stopping distances. Even those who are familiar with boats and motorcycles have trouble handling PWCs. For instance, PWC’s do not have traditional brakes and can take over 300 feet to stop when the device is going around 60 mph.

Florida boating accidents tend to present injury victims with more hurdles than a typical motor vehicle accident. In addition to complex state and federal laws, these cases often involve special clauses in insurance policies that restrict recovery. Bodies of water are subject to various regulations; however, despite the presence of these laws, many Floridians eschew these imperative health and safety laws. This disregard of the law can lead to serious and life-long debilitating injuries.

The most common types of Florida boating accidents involving a collision with other vessels or stationary objects, flooding, grounding, and overboard falls. Many activities increase the likelihood of a boating accident. Some activities include alcohol or drug use, speeding, failure to vent, improper lookout, navigation violations, operator inattention or inexperience, and sharp turns.

For instance, the Fourth District Court recently issued an opinion in a case stemming from a Florida boating accident. In that case, the boat owner gave his son permission to operate his boat and allow others to operate the boat. On one occasion, the son took his boat out with three of his friends. All of the individuals on the boat were under 21-years-old; however, they consumed an unknown amount of alcohol. When they were heading back to shore, the owner’s son permitted one of the young women on board to operate the boat. The woman slammed the boat into a channel, and the owner’s son and another passenger were thrown off the boat. At the time of the accident, the boat was insured under the owner’s homeowner’s insurance policy. The passenger filed a lawsuit against the boat’s owner, his son, and the young woman.