Flooding and Swamping Accidents
In Florida, any month is a great month to get out on the water and to enjoy boating activities. With thousands of miles of coastline, fascinating wildlife, and plenty of waterways, it is not surprising that Florida residents have the highest boat and water vehicle ownership rates in the country. This also means that the rate of boating accidents in the state is quite high. According to 2014 statistics, about 14 percent of all boating accidents in the country take place in Florida. There are many different types of boating accidents, including boat capsizing and flooding and swamping accidents. If you have been injured in a boating accident involving flooding or swamping, it is important for you to understand your legal rights and options. Serving victims in Martin, Palm Beach, and St. Lucie Counties, the Stuart boat accident attorneys at Donaldson & Weston are ready to help you recoup the compensation that you deserve.Asserting Liability After a Flooding or Swamping Accident
Flooding involves situations in which there is a sudden flow of moving water that hits the boat and causes it to overturn. On the other hand, swamping happens when the boat begins to fill up with water as a result of heavy rainfall or waves crashing over the side of the boat. Part of the extreme danger involves whether or not the passengers on the boat know how to swim and whether they can swim for long enough to reach safety. If the weather is severe, or the temperature of the water is very cold, the passengers may face other health risks like hypothermia. These risks are heightened when the passengers are not equipped with proper life jackets.
If you are injured in a boating accident involving flooding or swamping, you can bring a negligence claim against the owner and operator of the boat to recover compensation for your damages. There are several elements that you will need to prove before the court will require the defendant to pay your costs and damages. Overall, you will need to prove that the defendant did not use reasonable care and skill in operating or maintaining the boat. Florida has many requirements that boaters must follow, including obtaining a boater education card. Just like vehicle operators, boaters must be aware, cautious, and alert at the helm. They must also make reasonable efforts to maintain their boats in good working condition. They are also prohibited from boating under the influence of drugs or alcohol. If a boating operator fails to take precautions against flooding and swamping, fails to respond appropriately to changes in the weather, or fails to comply with life jacket laws, they have likely acted negligently.
After showing a lack of due care, your attorney will explain how this was a direct cause of your injuries. If the defendant can show that some other factor was the cause of your injuries, such as evidence of your own negligent conduct at the time of the crash, your recovery may be reduced or barred completely. Determining the amount of damages that you are entitled to receive from the defendant may be a complicated process. There are many different types of expenses that you can recoup in the lawsuit. Medical bills are a common example, in addition to lost wages and pain and suffering. In the unfortunate event that a victim loses their life as a result of a flooding or swamping accident, you can bring a wrongful death claim to recover compensation for medical expenses, burial costs, and the harm that you experienced from losing your loved one’s companionship and support.Schedule a Free Consultation With an Experienced Boating Accident Attorney in Stuart
Boating accidents are traumatic and painful events, especially if you endure serious injuries that may affect the rest of your life. At Donaldson & Weston, we have assisted victims in Stuart, Port St. Lucie, and Jupiter, among other communities. As a result of this experience, we are knowledgeable in a wide variety of accident types, ranging from flooding and swamping to boating at an unsafe speed. To arrange a free consultation with an attorney, call us now at 772-266-5555 or contact us online to get started.