Boating accidents in miami- boating accident laws in Florida

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BOATING ACCIDENTS

The total number of registered vessels in Florida is at an all-time high with 978,225 registered vessels as of the beginning of 2003. Recreational boating has become so widespread it is inevitable that there will be accidents on, between and around recreational craft of every description. Accidents can range from a boater slipping on a suntan lotion covered deck of a sailboat to a collision between a boat and a jet ski. These accidents can result in personal injuries, property damage, damage to natural resources (seagrass and mangroves) and oil or toxic spills. Federal and state agencies are now enforcing fines and possible criminal convictions and penalties for any accidents that cause damage to natural resources or pollution.

People who work aboard vessels (Seamen) are not covered by any type of Workers Compensation statutes like those that exist for land-based workers, however, the Courts and Congress have developed a strong tradition of legal protection to seamen who become sick or injured during their employment aboard vessels. A seaman is entitled to damages for the unseaworthiness of a vessel, maintenance and cure, and Jones Act damages.

The attorney representing you in an accident that occurred on the water needs to know more than how to steer a boat or fish. Knowledge of the Nautical Rules of the Road is essential in all boating accidents. An attorney must be proficient in admiralty and maritime law to properly apply the facts of your case to these specialized laws. Maintenance and Cure, the Jones Act, and the Unseaworthiness doctrine are laws and legal concepts that are very specialized and have been developed over the long tradition of maritime commerce. Most attorneys are not experienced with these laws designed to protect seamen. Because this law is based somewhat on tradition and has many issues of international and Federal Law, only skilled Admiralty attorneys fully understand these complex issues.

If you have an accident on the water, or you are a seamen that has been injured or is sick then you need the team at Miami Maritime Law.

BOATING ACCIDENT LAW

The operator of a vessel involved in a boating accident where there is personal injury beyond immediate first-aid, death, disappearance of any person under circumstances which indicate death or injury, or if there is damage to the vessel(s) and/or personal property of at least $2000, must, by the quickest means possible, give notice to one of the following: the Florida Fish and Wildlife Conservation Commission, the sheriff of the county in which the accident occurred, or the police chief of the municipality in which the accident occurred, if applicable.

It is unlawful for any person operating a vessel involved in a boating accident to leave the scene without giving all possible aid to the involved persons and without reporting the accident to the proper authorities.

The operator or owner of any recreational boat is required to file a Boating Accident Report if the boat is involved in an incident that results in:

A person’s death or disappearance.
An injury which requires medical treatment beyond first aid.
Damage to the boat and other property exceeding $2000.
Complete loss of the boat.

Boat operators are required to report their accident to local authorities in the state where the accident occurred. To obtain a Boating Accident Report form, contact: (850)-488-5600

RECKLESS AND CARELESS OPERATION

Anyone who operates a vessel with willful disregard for the safety of persons or property will be cited for reckless operation (a first-degree misdemeanor).

All operators are responsible for operating their vessel in a reasonable and prudent manner with regard for other vessel traffic, posted restrictions, the presence of a divers-down flag, and other circumstances so as not to endanger people or property. Failure to do so is considered careless operation (a non-criminal infraction).

A violation of the Federal Navigation Rules is also a violation of Florida law.

MANDATORY VIOLATOR EDUCATION

Florida law requires that anyone convicted of a criminal boating violation, a non-criminal boating infraction which resulted in a boating accident, or two non-criminal boating safety infractions within a 12-month period, must enroll in, attend, and successfully complete a NASBLA/state approved classroom boater education course. Correspondence or on-line course applications do not meet these requirements.

FLORIDA BOATING ACCIDENT INFORMATION AND STATISTICS

Total number of registered vessels in Florida is at an all-time high with 978,225 registered in 2003 (more than 16,000 above 2002 records).
The reporting threshold for property damage accidents was increased from the previous figure of $500 to the current figure of $2,000 to compensate for the rise in the repair cost over the years. The change is anticipated to cause a reduction in Florida’s boating accident figures by approximately one-third annually.
Recreational accidents declined in 2003 due in part to changes made by USCG for property damage accidents.
1,005 total in 2003 (compare 1,159 in 2002).
Accident rate of 107 accidents per 100,000 registered recreational vessels in 2003 (compare to rate of 126 per 100,000 in 2002).

2003 RECREATIONAL BOATING ACCIDENTS

Monroe County reported the highest number of accidents and injuries (158 total accidents with 64 injuries).
Miami-Dade, Monroe, Pinellas, and Volusia Counties reported the highest number of fatalities (5 fatalities each county).
Palm Beach County reported the highest property damage figures ($1,612,105).
FWC investigated 72% of all reported boating accidents.
The most likely time to be involved in a boating accident (as determined by accident frequency statistics) is during the months of March, April, May, June, or July between noon and 6:00 pm while cruising.
38% of all reported boating accidents occurred in a posted restricted area.
46% of accidents reported were the result of collision with either another vessel or a fixed object.
Only 20% of operators and occupants involved in a boating accident reported to be wearing a life jacket at the time of the accident, while 36% of those involved reported that they could not swim.
16% of those involved in a boating accident either died or were injured.
14% of all vessels involved in a reportable boating accident were rented.
48% of reported accidents were primarily caused by either carelessness/inattention or violation of a navigation rule.
Individuals most likely to be operating a vessel involved in an accident are males between the ages of 22 and 50 who have 100 hours or more of boating experience, but no formal boater education (as determined by operator statistics).

2003 RECREATIONAL BOATING FATALITIES

Fatality numbers increased 23% in 2003. (64 fatalities compared to 52 fatalities in 2002.)
The leading cause of death in fatal boating accidents was drowning (70%), followed by trauma (28%).
The most likely time to be killed in a boating accident (as determined by fatality frequency statistics) is during the months of March, May, July or October between 12:00 p.m. and 8:00 p.m.
5.8% of boating fatalities occurred in a posted restricted area.
43% of boating fatalities occurred in either a lake, pond, river, or creek.
54% of boating fatalities were caused by either a fall overboard or a collision.
88% of those who died in boating accidents were not wearing a life jacket, while 75% of victims were reported as being able to swim.
Most fatal boating accident victims were males (79.7%) who were 22 years of age or older (75%).
45.3% of boat operators involved in a fatal boating accident reported having over 100 hours of boating experience, while 90.6% had no formal boater education.
Alcohol contributed to 33% of all fatal boating accidents.
33% of fatal victims had been drinking alcoholic beverages or using other drugs
Alcohol/drug use was the leading primary cause of fatal boating accidents.

2003 RECREATIONAL BOATING INJURIES

Most boating accident injury victims were not wearing a life jacket (75%).

2003 RECREATIONAL PERSONAL WATERCRAFT ACCIDENTS

Personal watercraft (PWC) account for 10.9% of all registered vessels in Florida (97.8% privately owned, 2.2% rentals).
PWC were involved in exactly 24% of reported boating accidents.
Total number of PWC accidents are at their lowest number since 1993 (241 PWC accidents). There was a decrease of injuries (187 injuries in 2003 compared to 259 injuries in 2002).
Rental PWC were involved in 49% of all PWC accidents in 2003.
The majority of PWC accidents involved either a collision or a fall on a PWC.
38% of PWC accidents were caused by Careless or Reckless operation.
Most PWC operators involved in an accident were 22 years of age or older. (63.9%)
16% of total boating fatality victims were on a PWC.
Over 48% of PWC accidents occurred in Monroe, Pinellas, Palm Beach, Hillsborough, and Miami-Dade counties, with Pinellas ranked number #1 (with 37 accidents).

2003 BOATING EDUCATION STATISTICS

FWC issued 21,096 Boater Education ID cards in 2003.
50.3% of cards issued were to persons 21 years of age or younger.

2003 BOATING ACCIDENT INVESTIGATIVE HOURS

9,114 man-hours were expended investigating boating accidents in 2003.

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