Orlando Boating Accident Lawyer

Boating is a fun and popular way to beat the heat and get around in the Sunshine State. Sometimes, though, an enjoyable day on the water goes awry due to boating accidents, which often cause extensive damage and injuries. If you were in a boating accident in Orlando, Florida, you could be eligible for compensation for the preventable losses you incurred as a result.

The legal professionals at Michael T. Gibson, P.A., handle all types of accident and injury cases, including boat accident claims. We have the resources and experience necessary to protect your rights and demand a fair recovery for your losses. To learn more about your options after an unexpected boating accident, please read on or contact our Orlando boating accident lawyers for your free initial case review.

Why Choose Michael T. Gibson, P.A.?

Attorney Michael T. Gibson, P.A., and his award-winning legal team have years of experience standing up for injury victims in Orlando and surrounding central Florida. We have developed a local reputation for our client-centric approach, tireless work ethic, and consistent record of outstanding results. We have secured millions of dollars in compensation for our clients, and we’re ready to begin work on your case immediately.

We understand that finances are often tight after an unexpected boating accident, which is why we’re proud to offer our services on a contingency basis. When you hire us on a contingency basis, our firm covers the up-front costs of preparing and pursuing your accident claim. You don’t owe us anything unless we recover compensation for you. If we win your case, our fee comes from a prearranged percentage of your settlement, so you never have to worry about paying out of pocket.

If you got hurt in an Orlando boating accident, let us handle your legal claim while you focus on healing from your injuries. You have better things to do than decipher policy jargon or argue with insurance adjusters during your recovery. Our qualified legal professionals are here to provide the personalized representation necessary to maximize your compensation and peace of mind.

When you’re ready to tell us the details of your Orlando boating accident case, we’re ready to listen. Our bilingual team is available 24 hours a day, seven days a week, 365 days a year, to take your call. We’re also happy to meet with you in person at our office in Baldwin Park. Contact us now to get started with your free case review.

How Much Is My Boating Accident Claim Worth?

Every boat accident is different, and numerous factors will affect the value of your unique boating accident claim. Relevant factors might include the costs of necessary medical expenses, how your injuries affect your future health or employability, and the costs of repairing damage to your boat or other property.

The best way to estimate and demand a fair settlement for your boat accident claim is to work with a seasoned injury lawyer.

Your attorney can help you identify all possible sources of compensation and seek reimbursement for the following types of personal and financial losses from the boating accident:

• The costs of medical treatment for your boat accident injuries
• Projected costs of accident-related care you will need in the future
• Incidental costs, like the costs of traveling to medical appointments
• The value of wage losses you incur while you are too hurt to work
• Projected losses in your earning capacity due to permanent injuries
• Subjective losses, such as pain, suffering, and reduced quality of life

If you got hurt in a boating accident due to someone else’s bad behavior, you shouldn’t have to pay for their mistakes out of your own pocket. Orlando accident victims trust Michael T. Gibson, P.A., to develop intelligent legal strategies and seek maximum compensation from at-fault parties.

Orlando Boating Accident Facts and Statistics

Orlando is one of the few major cities in Florida that’s not along the coastline. Still, there are hundreds of local lakes and world-famous beaches within driving distance, so boating is just about as popular in Orlando as anywhere else in the Sunshine State. In fact, the Florida Fish and Wildlife Conservation Commission recently reported more than 36,000 registered vessels in Orange County, the 7th most in the state.

Additional data from the Commission’s report reveal:

• There were 751 reported boating accidents throughout Florida in one recent year.
• That year, one-third (250) of all boating accidents involved vessels colliding with other vessels.
• There were 59 fatal boating accidents that year, resulting in 60 fatalities.
• The leading cause of boating accident fatalities that year was falls overboard, which played a role in 22 percent of all fatal boating accidents.
• Alcohol or drug use reportedly played a role in 23 percent of boating fatalities.
• There were only four reported boating accidents in Orange County that year, but three of those four accidents were fatal.

Because so many boating accidents occur in Florida, state lawmakers have enacted numerous laws and regulations to promote safety and prevent injuries. For instance:

• Boat operators must operate their vessels in a reasonable and prudent manner. Operating a boat with willful disregard for others’ safety is a misdemeanor.
• Boat operators must not create excessive wakes hazardous to other vessels.
• Florida boaters must not be under the influence of drugs or alcohol when operating vessels.
• When boating accidents result in serious injury, death, or at least $2,000 in property damage, boat operators must notify the Commission or local police.
• Boat operators must not leave the scene of a boating accident without providing aid to injured persons and reporting the incident to the relevant authorities.

If you get hurt in an Orlando boating accident, any of these laws could apply to your case. Florida’s statute of limitations law, which gives you just four years from the date of the accident to sue, would also apply. Speak to a knowledgeable attorney today to learn more about which laws could affect your case and how to prepare accordingly.

Why does Orlando have so many boat accidents?

Unfortunately, Florida is the site of many more boat accidents than other states, as we note above. There are likely several factors at work.

The first is the sheer number of waterways in our state. We are fortunate that Florida is replete with rivers, lakes, streams, inlets, ports, canals, and even marshes—not to mention the ocean, on all sides. Boats are far more prevalent when there are places to take them, of course. The greater number of boats is one element leading to a high number of accidents.

The second, though, is that Florida’s regulations on training and licensing for boat operators are not stringent, reflecting the state’s preference for as few regulations as possible. Individuals born on or after January 1, 1988, must take and pass an approved boater safety course if they are going to operate a vessel of 10 horsepower or more. They must also carry a photo ID and the boating safety card issued by the Florida Fish and Wildlife Conservation Commission (FWC).

But that means that folks born before January 1, 1988, effectively have no requirement for training or education in operating a vehicle. That’s everyone older than 33—which is a lot of people. It’s also legal for young people to operate a boat as long as someone over the age of 18 is onboard and attentive to their driving. If the latter folks are between 18 and 33, they must have a boating safety card. If they are over 33, they can supervise a younger boat operator, but, again, do not face any education or training requirement themselves.

The lack of mandated education and training has the same effect it would likely have if driver’s education and testing weren’t required in cars: more accidents likely occur and they may well be more severe.

Third, the penalty for reckless driving of a boat is not severe. If operators drive a boat in Orlando with willful disregard for the safety of persons or property, the charge is reckless operation, which is a first-degree misdemeanor. That is a relatively light offense (a misdemeanor generally carries fewer penalties than a felony).

Operators are also enjoined to operate boats safely and prudently, paying attention to good boating practices, any restrictions posted, and other boats. If they don’t drive boats safely or violate posted restrictions, they can face citations for the careless operation of a boat, but that is not a criminal offense.

Involvement in an accident or several reckless operation charges results in a requirement for completion of a boater safety course.

The penalties may not serve as a strong deterrent to the reckless operation of a boat.

Finally, alcohol and other intoxicating substances unfortunately play a large role in boating accidents—just as they do in car and other vehicle accidents. Roughly 50 percent of all boating accidents nationwide involve alcohol or other substances. Alcohol and other substances impair judgment, muscle reflexes, reaction times, and sense of danger—all of which can contribute to accidents.

Boating under the influence (BUI) is against the law. Any boat operator suspected of a BUI must take sobriety tests or a physical or chemical test to measure the blood alcohol content (BAC). A level of 0.08 or above is considered impaired (0.02 if the operator is under 21 years old).

Types of Boating Accidents and Boat Accident Injuries

Modern boats are complex vessels that require skill and experience to operate safely.

When boat owners, operators, rental companies, or other parties neglect basic boating safety, the following types of boating accidents can occur:

• Boat-on-boat collision accidents
• Boat propeller entanglement accidents
• Falling overboard accidents
• Ski rope or tow line entanglement accidents
• Personal watercraft accidents
• Surfacing diver or swimmer accidents
• Unattended vessel accidents
• Collisions with docks and other fixed objects
• Boat flooding and swamping accidents
• Boat grounding accidents
• On-board slip and fall accidents

Victims of boating accidents are prone to the following types of injuries:

• Head and neck injuries
• Traumatic brain injuries
• Facial and dental injuries
• Permanent scarring and disfigurement
• Back and shoulder injuries
• Abdominal and internal injuries
• Spinal cord injuries
• Bruises, lacerations, and puncture wounds
• Dislocated or broken bones
• Soft tissue strains, sprains, and tears
• Drowning or secondary drowning
• Electric shocks or electrocution
• Amputations and loss of limb
• Post-traumatic stress disorder (PTSD)
• Fatal injuries and wrongful death

Filing an Insurance Claim After a Boating Accident in Orlando

If you are in a boating accident in Orlando, FL, you might have several options for filing an insurance claim. Depending on who was at fault, you could file a liability claim against one or more of the following parties:

• A boat operator. If an individual boat operator contributed to the collision, you could file a claim against their liability insurance policy.
• A boat owner. If an at-fault boat operator is not the boat’s owner, you might have a claim against the boat’s legal owner.
• A boat passenger. You might have a claim against a boat passenger if they took unauthorized control of a boat or caused a boat operator to crash.
• A boat rental company. You could have a claim against a boat rental company if it rented a boat to an unqualified customer or provided a defective vessel.
• A cruise line. You could have a case against a cruise line if you got hurt as a guest aboard a cruise ship that crashed. However, some cruise ship accidents fall under U.S. admiralty laws, resulting in complex and confusing claims. You should speak to an attorney if you sustained injuries aboard a cruise ship.
• A boat manufacturer. A boat manufacturer might be liable if a defective component or system contributed to the accident.
• A government agency. You might have a claim against a local government agency if it failed to uphold its duty to keep public waterways safe.

In many boating accident cases, multiple parties and insurance companies are in the mix and sorting out who pays for what is a hassle. Each party’s insurance provider does everything it can to protect its bottom line by minimizing and denying claims, and innocent people often pay the price. You can level the playing field in your favor by working with a reliable injury lawyer like Michael T. Gibson, P.A., for your personal injury claim in an Orlando boating accident.

An experienced boat accident lawyer will know how to present your injury claim in the best possible light, identify compelling evidence, and argue persuasively during settlement talks. With a good attorney in your corner, you won’t have to stress over which forms to file or what to say to the adjuster. You can be confident that you have a professional advocate to champion your interests.

What to Do if You Get Hurt in a Boat Accident

If you get hurt in a boat accident in Orlando, the steps you take in the days, weeks, and months that follow are critical.

Making the wrong move could jeopardize your health and your legal standing, so:

• Stop, offer assistance to anyone who is obviously hurt, and exchange contact and insurance information with others.
• Seek medical attention for your injuries as soon as possible to obtain treatment and an official diagnosis. Follow the care plan your doctor prescribes closely.
• Document your recovery journey in a “pain journal” for future reference.
• Report the accident to the U.S. Coast Guard and the Florida Wildlife Commission if anyone got hurt or killed or significant property damage occurred.
• Gather evidence from the accident, such as photos of the wreckage and statements from reliable witnesses who saw the collision.
• Make copies of your medical bills, proof of lost wages, and other documentation relevant to your claim, and keep everything together in a secure location.
• If you own or operate any of the vessels in the boating accident, notify your boat insurance provider of the accident. Even if you weren’t at fault, most insurance policies require you to report covered events promptly.
• Watch what you say to others about the accident or post on social media while your boating accident claim is still pending.
• Contact an Orlando boating accident lawyer for professional guidance.

What if an Orlando boating accident proves fatal?

Tragically, some boating accidents prove fatal. What happens if a victim is no longer alive to approach an insurance company or file a lawsuit?

Under Florida law, some family members also may seek damages in a suit termed wrongful death. The law recognizes that when someone dies, loved ones suffer financially and emotionally. While damage compensation can never come close to restitution for a death, it does at least mean that family members can receive some financial help in the aftermath of a death. An Orlando wrongful death lawyer can provide more details and the proper guidance when this is the case.

A wrongful death suit may be brought in civil court only by the personal representative of the deceased’s estate, under Florida law. The representative can bring a suit if the deceased could have brought a suit had they lived (i.e., if another party was negligent for the accident).

In some cases, the estate’s personal representative may be specified in the deceased’s will. If there is no will, the court can appoint a personal representative.

Although the personal representative must file a wrongful death suit, it is filed on behalf of certain family members.

Under Florida law, a wrongful death suit can be filed on behalf of:

• The deceased’s spouse
• The deceased’s children
• The deceased’ parents
• Any blood relation or adopted sibling who depended on the deceased for support or services, either entirely or partially

These parties can seek:

• Medical expenses incurred by the deceased person before death that the family member paid
• Funeral and burial expenses that the family member paid
• The value of services and support the deceased gave the family member
• The loss of the deceased’s companionship, protection, or guidance
• Mental and emotional pain and suffering, if the deceased is a child

In addition, the deceased’s estate can seek damage compensation for:

• Medical expenses, if the estate paid them
• Funeral expenses, if the estate paid them
• The value of wages, benefits, or other earnings that the deceased could reasonably have expected to earn had they lived

Orlando Boating Accident FAQs

Here are straightforward answers to some of the questions our firm hears most frequently about boating accidents in Orlando:

What’s the most common boat accident in Orlando?

One boat colliding with another constituted the most common type of boat accident in the most recent year, according to the FWC. Twenty-eight percent of all boat accidents were collisions.

But many different types of boat accidents exist. Some of the possible types are:

• Injuries suffered in towed water sport activities
• Falls overboard (which cause 40 percent of deaths in boating accidents)
• Running aground
• Collisions with fixed objects, such as piers or buoys
• Flooding
• Fuel fires or explosions
• Falls on the boat
• Capsizing
• Hitting objects underwater
• Damage inflicted by wakes
• Sinking

The most common cause of death, from all types of accidents, is drowning.

What If I Am Partially At Fault for a Boating Accident?

In Florida, you can still file an injury claim against someone else even if you were partially at fault for the accident. In fact, you can seek compensation even if you were 99 percent at fault, though the amount of money you get for your claim will decrease based on your level of contributory fault.

Do I Need a Lawyer for My Boat Accident Case?

Not always, no. If you have a relatively small claim and the insurance company makes a reasonable offer, you could handle things on your own. But it’s hard to know what counts as a reasonable offer without experience, and the insurance company will hold your claim to the same standards whether you have an attorney or not. It’s always safest to work with an attorney who knows how much your claim is worth and how to handle the insurance company.

How Long Will My Boating Accident Claim Take?

It depends. A modest claim for a low-impact boating accident might take a few weeks to resolve. A high-dollar claim for a catastrophic wreck could take several months or longer. In most cases, it’s better to be patient and let your lawyer take as long as they need to maximize your settlement.

Who is responsible if I’m injured in an Orlando boat accident?

Similarly, boat repair companies owe a duty of care to repair boats and components properly and reliably. If they don’t, and their actions (or failure to act) causes an accident, they too may be deemed negligent and thus liable.

At times, boat accidents may require investigation before the cause is fully known; thoroughly investigating the facts of an accident is an ordinary part of our strategy at Michael T. Gibson, P.A., Auto Justice Attorney.

What does the negligent party owe me after an Orlando boat accident?

Once the negligent party is determined, Michael T. Gibson, P.A., Auto Justice Attorney can begin the process of seeking financial compensation for our client’s injuries. This is known as damage compensation, legally.

Victims can seek compensation for:

• Medical bills, both already incurred and future
• Wages lost from work, both already incurred and future
• Property damage
• Pain and suffering

How do I seek compensation if I’m hurt on an Orlando cruise ship?

Florida is also home to several cruise ship lines. Needless to say, passengers can suffer injuries on a cruise ship, just as they can on any other type of boat.

Cruise lines carry insurance, so victims should approach their insurance companies for compensation.

However, cruise ships fall under a slightly different set of laws. These accidents may fall under U.S. admiralty law. As such, any lawsuit must be brought in U.S. Federal court in Florida, rather than civil court.

If you were injured on a cruise ship, consult an Orlando attorney well-versed and experienced in admiralty law.

What is the time limit for bringing an Orlando boating accident lawsuit?

Most lawsuits must commence within a specific deadline, or the court will refuse to hear them. The time limit is known as the statute of limitations.

For boating accident suits in Orlando, the deadline is four years if you seek compensation for an injury.

The deadline is much less for wrongful death suits, however. The statute of limitations for wrongful death suits is just two years.

In any event, victims or their families should understand that it’s most beneficial if a suit is brought as soon as possible. A successful result always depends on evidence, such as police reports, charges, camera footage, or eyewitness reports. The more time that goes by, the more likely it becomes that evidence will be damaged or lost.

Contact a Boating Accident Injury Lawyer in Orlando

We work on a contingency fee basis, so you never have to pay us out of pocket. Many people hesitate to contact a lawyer because they are concerned about the expense. Don’t let this deter you—a personal injury lawyer can help boating accident victims obtain justice.

If you have questions after a boating accident in Orlando, don’t hesitate to get in touch with Michael T. Gibson, P.A. at (407) 490-1271. Our initial consultations are free with no strings attached. Contact our firm now to speak with a member of our compassionate team.

Michael T. Gibson, P.A., Auto Justice Attorney

2420 S. Lakemont Avenue
Suite 150
Orlando, FL 32814
Phone: 407-422-4529