Who is liable for damages in a Golden Beach boating accident?
Golden Beach, FL – Golden Beach is one of the wealthiest neighborhoods in Florida. Dozens of celebrities have million-dollar homes tucked away in the quiet residential area of Golden Beach and many tourists flock to the gorgeous beach just to breathe in the air of luxury. The town of Golden Beach imposes strict speed limits, which makes car accidents uncommon. However, there are numerous boasts, private or commercial, operating in the area which makes boating accidents one of the leading causes of injury cases in the area.
How is liability determined in a boating accident?
All boat operators must comply with Florida’s maritime laws which are not all that different from traffic regulations.
According to the law, “all operators are responsible for operating their vessel in a reasonable and prudent manner with regard to other vessel traffic, posted restrictions, the presence of a divers-down flag and other circumstances so as not to endanger people outside of the vessel or property. Failure to do so is considered careless operation (a non-criminal infraction).”
The operator may or may not face criminal charges after an accident, but this is less important for the victim. Recovering damages has little to do with criminal charges. If you were injured in a boating accident, you must talk to an experienced Golden Beach personal injury lawyer and file a claim against the operator’s insurance or sue them.
Your lawyers will have to investigate the accident to prove the owner or operator of the boat was negligent, and therefore liable for damages.
What are the main causes of boating accidents in Golden Beach?
Once again, the main causes of boating accidents are very similar to those registered in car accidents.
Speeding
Yes, even boats must observe speed limits. For instance, any boat operating in an “Idle Speed – No Wake” zone must go at the minimum speed that allows the vessel to maintain headway. There are heavy speed restrictions in areas frequented by divers or jet skiers. If you were injured in a boating accident caused by speeding, your Florida accident lawyers will help you file a claim against the operator.
Intoxicated operator
While sipping champagne on a yacht may seem the ultimate luxury, operating any type of boat under the influence is illegal. Boat operators may face criminal charges if they are caught with a blood alcohol concentration of 0.08%, the same as the BAC limit imposed on drivers. For persons under the age of 21, the limit is set at 0.02%.
If you were injured in a boating accident caused by an intoxicated operator, your accident lawyers may be able to seek punitive damages on top of the compensatory damages you are entitled to.
Lack of safety equipment
The leading cause of death in boating accidents is drowning and this usually happens when someone falls overboard. Cruise ships or tourist boats must take safety precautions to prevent overboard accidents. If, for instance, the boat was not equipped with safety belts or life jackets and someone drowns after falling overboard, the family may be entitled to file a wrongful death claim against the operator or the owner of the vessel.
If you were recently injured in any type of boating accident caused by negligence in the Golden Beach area, schedule a free consultation with a lawyer at Madalon Law and see how you can recover your losses.
Contact info:
Fort Lauderdale Office
100 N. Federal Hwy #CU5
Fort Lauderdale, FL 33301
Source: Florida Fish and Wildlife Conservation Commission – Boating Regulations
