Boating Accident Lawyer in Fort Myers

Florida is known as the “Boating Capital of the World” and boasts over 1 million registered vessels, leading the nation in boat registrations. However, with the increasing number of boats and jet skis on the water, Florida has also seen a rise in boating accidents resulting in injuries and fatalities. 

According to the Florida Fish and Wildlife Conservation Commission (FWC), there were 836 reported boating accidents in the state in 2020, marking the highest number in nine years. Alarmingly, nearly half of these accidents were collisions or crashes, with 44% of those attributed to the boat operator’s failure to pay attention. To prove negligence and recover compensation, you need a Fort Myers accident attorney focusing on boating incidents to represent you. 

Photo of a Sinking Boat

Fort Myers Attorney Larry Moskowitz Will Use the Full Force of Boating Accident Laws in Florida to Your Advantage

Fort Myers boating accident attorney Larry Moskowitz and his team have in-depth knowledge of the state laws, which they will utilize to protect your rights in the event of an accident or injury.

Reporting Boating Accidents

In Florida, it is mandatory to report a boating accident if it involves:

  • Death
  • Disappearance of a person
  • Injury requiring medical treatment beyond first aid
  • Property damage exceeding $2,000

The reporting should be done within 10 days of the incident if:

  • A person dies within 24 hours of the fatal boating accidents
  • A person requires medical treatment beyond first aid
  • A person disappears from the vessel
  • Failure to report an accident can result in legal consequences.

Boating Under the Influence (BUI)

Similar to driving under the influence (DUI) laws on the road, Florida has strict regulations against Boating Under the Influence (BUI). A person is considered to be under the influence if they have a blood alcohol level of 0.08% or higher. Penalties for BUI can include fines, imprisonment, and the suspension of boating privileges.

Responsibilities and Duties of Boat Operators

Boat operators in Florida have a duty to operate their vessels in a safe and responsible manner. This includes:

  • Maintaining a proper lookout
  • Operating at a safe speed
  • Taking necessary actions to avoid a collision
  • Being aware of navigational rules and requirements

Boating Safety Education

Florida law requires anyone born on or after January 1, 1988, to have a boating safety education ID card and photo ID while operating a vessel with a motor of 10 horsepower or more. This education helps to reduce the number of boating accidents by ensuring operators are knowledgeable about safety regulations.

Negligence in Boating Accidents

Florida operates under a comparative negligence rule, which means that if a victim is partially at fault for the accident, their compensation will be reduced by their percentage of fault. However, if a victim is found to be 50% or more at fault, they may be barred from recovering any damages from the other party.

We Can Strongly Represent You in All Types of Boating Accidents in Fort Myers

Experienced boat injury lawyer in Fort Myers, Larry Moskowitz along with his legal team will provide you aggressive legal representation in all types of boating accidents: 

Boat Tenders Accident

Boat tenders play a crucial role in assisting larger vessels. Negligence in this role can result in accidents due to:

  • Inadequate training
  • Not maintaining a safe distance from the larger vessel
  • Failing to properly secure the towing lines

Airboat Accidents

Airboat accidents can result in severe injuries due to the high speeds and lack of protective barriers. Attorney Moskowitz will investigate whether the airboat operator was:

  • Speeding in a no-wake zone
  • Failing to maintain proper lookout
  • Operating the airboat under the influence of alcohol or drugs

Jet Ski Accidents

Jet ski accidents often occur due to:

  • Reckless operation
  • Speeding in congested areas
  • Inadequate safety instructions provided by rental companies

Kayak Accidents

Kayak accidents can occur due to:

  • Inattentive boat operators
  • Operating the boat too close to kayakers
  • Not observing no-wake zones

Canoe Accidents

Canoe accidents can result from:

  • Failure to yield to canoes
  • Operating at high speeds in shallow waters
  • Not maintaining a proper lookout

Wakeboarding Accidents

Negligence in wakeboarding accidents can include:

  • Inexperienced boat operators
  • Operating at an unsafe speed
  • Failing to maintain a safe distance from other vessels and swimmers

Water Skiing Accidents

Water skiing accidents can result from:

  • Inadequate instruction or supervision
  • Operating the boat too close to other vessels or obstacles
  • Not having an observer onboard

Inflatable Boat Accidents

Inflatable boat accidents can occur due to:

  • Overloading the boat
  • Using the boat in unsuitable weather conditions
  • Lack of proper safety equipment on board

How Fort Myers Boating Accident Lawyer Larry Moskowitz will Prove Negligence

Alcohol or Drug Impairment

Alcohol or drug impairment is a leading cause of fatal boating crashes in Florida. Impaired judgment, slower reaction times, and reduced coordination significantly increase the risk of accidents.

Proving Negligence: Attorney Moskowitz will lean on:

  • Utilize BAC (Blood Alcohol Content) test results: A BAC test showing levels above the legal limit can directly implicate the boat operator’s impairment.
  • Collect eyewitness accounts of erratic behavior: Observations of slurred speech, unsteady movements, or the smell of alcohol can further corroborate impairment.
  • Present evidence of alcohol or drug paraphernalia on the boat: Finding open alcohol containers or drug-related items onboard can further establish the operator’s impairment.

Inexperienced Boat Operators

Novice boaters may lack the necessary skills to navigate safely. Inexperience can lead to poor judgment, misreading water conditions, or failing to understand navigation rules.

Proving Negligence: Larry Moskowitz will:

  • Check the operator’s boating license and experience records: Absence of proper licensing or limited boating experience can indicate the operator’s lack of qualification.
  • Obtain witness statements highlighting the operator’s unfamiliarity with boating rules: Testimonies describing the operator’s confusion or mistakes can underscore their inexperience.

Inattentive or Careless Operators

Failing to pay attention to the surroundings can result in collisions with other boats, swimmers, or objects. Distractions like mobile phones, conversations, or onboard activities can divert the operator’s attention.

Proving Negligence: Attorney Moskowitz will collect evidence including:

  • Witness statements detailing the operator’s distracted behavior: Testimonies describing the operator’s preoccupation or distractions can establish their negligence.
  • Video footage from nearby boats or docks: Visual evidence of the operator’s lack of attention can be compelling proof of negligence.

Excessive Speed

Speeding increases the risk of collisions and reduces the operator’s reaction time, making it difficult to avoid obstacles or other boats.

Proving Negligence: Attorney Moskowitz will:

  • Examine the boat’s speed records and GPS data: Data showing the boat’s high speed at the time of the accident can directly implicate the operator’s recklessness.
  • Collect witness statements and video footage depicting the boat’s high speed: Eyewitness accounts and visual evidence can corroborate the excessive speed leading to the accident.

Negligent Operation of a Vessel

Reckless or careless operation can lead to various accidents. This includes sharp turns, sudden stops, or not yielding the right of way to other vessels.

Proving Negligence: Attorney Moskowitz will collect evidence including:

  • Video footage of the operator’s erratic maneuvers: Visual evidence of the operator’s careless or reckless actions can establish their negligence in boating accident cases.
  • Expert witness testimonies establish the negligent behavior: Reports of boat accident reconstructionists detailing the operator’s irresponsible actions to prove negligence.

Boating in Restricted Areas

Operating a boat in prohibited zones can lead to collisions and accidents. Restricted areas are marked to protect boaters from dangerous conditions, underwater obstacles, or heavy traffic.

Proving Negligence: Attorney Moskowitz will:

  • Present navigation maps highlighting the restricted areas: Official maps indicating the boat’s presence in prohibited zones can directly implicate the operator’s negligence.
  • Gather witness statements of the boat’s presence in prohibited zones: Testimonies confirming the boat’s location in restricted areas can further establish the operator’s negligence.

Poor Boat Maintenance

Neglecting regular maintenance can result in various mechanical failures and malfunctions, which can lead to accidents. Common issues include engine failure, steering problems, and malfunctioning lights or signals.

Proving Negligence: Boating accident Fort Myers personal injury lawyer Larry Moskowitz will:

  • Review maintenance records and inspection reports: Lack of regular maintenance and unresolved issues can indicate the boat owner’s or operator’s negligence.
  • Consult with marine experts to evaluate the maintenance history and identify any neglected maintenance issues: Expert opinions can provide insights into the negligence and lack of care leading to the accident.

Safety Equipment Violations

Not having adequate safety equipment can jeopardize passengers’ safety. Many boating accidents occur due to lack of proper life jackets, fire extinguishers, and distress signals.

Proving Negligence: Larry Moskowitz will:

  • Examine the boat’s safety equipment inventory: Missing or inadequate safety equipment can indicate the operator’s negligence.
  • Gather testimonies from passengers regarding the absence of safety gear: Accounts from passengers about the lack of safety equipment to prove the operator’s negligence.

Failure to Keep a Lookout

Not observing the surroundings can result in collisions with other boats, swimmers, or objects. Absence of a vigilant lookout causes many Florida boating accidents.

Proving Negligence: Attorney Moskowitz will collect evidence, such as:

  • Expert opinions describing the operator’s failure to maintain a proper lookout: Expert testimonies highlighting the operator’s lack of attention can establish their negligence.
  • Video footage showing the lack of attention: Visual evidence of the operator’s distracted lookout can be compelling proof of negligence.

Propeller Injuries

Careless operation of the boat can lead to devastating propeller injuries. Propellers are extremely sharp and spin at high speeds. There are various ways a careless boat operator can cause an injury or death with a propeller, such as speeding, making sudden turns, or operating the boat while intoxicated.

Proving Negligence: Attorney Moskowitz will:

  • Examine the boat’s speed records and GPS data: Data showing the boat’s high speed at the time of the accident can directly implicate the operator’s recklessness.
  • Gather witness statements and video footage depicting the boat’s high speed and erratic maneuvers: Eyewitness accounts and visual evidence can corroborate the operator’s negligence leading to propeller injuries.

Fire or Explosions Onboard

Boats contain significant amounts of fuel and flammable materials, often stored in poorly ventilated areas. Fuel spills, combined with sparks or open flames, can lead to fires and explosions, causing severe burns, injuries, and even sinking of the boat.

Proving Negligence: Larry Moskowitz will:

  • Inspect the boat’s maintenance and storage practices: Poorly stored fuel or flammable materials and inadequate ventilation can indicate the operator’s negligence.
  • Gather photographic evidence and witness statements related to the fire or explosion: Testimonies and visuals showing the conditions leading to the fire or explosion can further establish the operator’s negligence.

Choose the Leading Fort Myers Boating Accident Lawyers with Hard-Fought Experience and a Formidable Record

If you have been injured in a boating accident in Fort Myers or anywhere in southwest Florida, you need a tough and aggressive attorney who will fight for your rights. With over 35 years of legal experience and a background as a former prosecutor, Fort Myers boating accident attorney Larry Moskowitz is committed to advocating for those who have suffered boating accident injuries. We are here to fight tooth and nail for the largest possible compensation you are entitled to, and we are prepared to pursue a boating accident lawsuit in court if it becomes necessary. Don’t let the negligence of others leave you stranded. Reach out to us, and let us champion your case with the full force of our legal skills, experience and resources for maximum damages. Call now at 866-312-0708 or contact us online to schedule your free case evaluation.