Boating Accidents

Winter Haven Boating Accident Lawyer

Nestled between the Gulf of Mexico and the Atlantic Ocean with more than its share of lakes and rivers, the State of Florida has long been a boater’s haven. Unfortunately, Florida also leads the nation in the number of boating fatalities year after year with 735 reportable boating accidents resulting in 65 fatalities in 2022, according to the Florida Fish and Wildlife Conservation Commission’s (FWC) annual report. If you suffered injuries or lost a loved one in a Winter Haven boating accident, you could be entitled to compensation from the responsible party or parties.

In the aftermath of a boating accident, injured victims and surviving loved ones should be focused on healing, physically and emotionally. Instead, victims are often faced with obstacles that make finding treatment difficult. In addition, victims and survivors frequently experience financial hardship following a boating accident. Although the legal system offers the potential to provide compensation to injured victims and surviving family members, most are unsure how to navigate the system. At Kemp Personal Injury Law, we understand the challenges you face if you were injured or lost a loved one in a boating accident, and we are committed to seeking justice on your behalf.

If another party (or parties) caused or contributed to a boating accident, they may be held legally liable for the injuries sustained in the collision. Winter Haven boating accident lawyer Adam Kemp is committed to making sure the responsible parties are held accountable and victims are fully compensated for all injuries. The team at Kemp Personal Injury Law has the experience, dedication, and resources needed to help you recover monetary damages for the physical and emotional injuries or loss you suffered in a boating accident.

What Are Common Types of Winter Haven Boating Accidents?

There are over one million vessels registered in the State of Florida. A Winter Haven boating accident can happen for a variety of reasons and occur under an infinite number of different circumstances; however, the FWC’s annual report provides us with data that helps identify some of the most common types of boating accidents, such as:

  • Collisions with another vessel, object, or person. Just like car accidents, accidents often occur when a boat or personal watercraft (PWC) collides with another vessel, object, or person. In 2022, 398 boating accidents involved such a collision. Often, collisions are caused by a driver’s inattention or failure to maintain a proper lookout.
  • Falling overboard. About seven percent (27 percent) of all fatal boating accidents involve a victim falling overboard. In fact, boaters falling overboard remains the leading category of boating with nine out of 10 victims not wearing a life jacket at the time they went overboard.
  • Operating a boat while under the influence. Operating a boat while under the influence of alcohol or drugs is a criminal offense. It is also a contributing factor in approximately half of all boating accidents.
  • Fires and explosions. Gasoline or diesel fuel is typically used to power boats and PWC. Unfortunately, both are highly flammable, often causing a deadly fire or explosion.
  • Flooding, swamping, and capsizing. A boat or PWC becomes increasingly dangerous as it takes on water, eventually causing the boat or PWC to capsize.
  • Defective equipment. A defective design or a defect in manufacturing as well as the failure to properly repair and/or maintain a boat or PWC can result in a boating accident.

What Are Common Contributing Factors in a Winter Haven Boating Accident?

When a boat or PWC is involved in an accident, it is rarely a true accident. Instead, the negligence of one or more parties typically caused or contributed to the accident. Common contributing factors in a Winter Haven boating accident include:

  • Improper lookout and operator inattention. More than half (216) of the boating accidents that occurred in 2022 included improper lookout or operator inattention as a contributing factor in the accident.
  • Improper training/education. Florida law requires anyone who was born on or after Jan. 1, 1988, to successfully complete an approved boating safety course and obtain a Boating Safety Education Identification Card issued by the FWC to operate most boats and PWC. Nevertheless, one in four boating accidents are caused, in whole or in part, by insufficient training/education on the part of the operator.
  • Operating a boat while under the influence. Operating a boat while under the influence of alcohol or drugs is a criminal offense. It is also a contributing factor in approximately half of all boating accidents.
  • Machine, equipment, hull failure. Collectively, machine, equipment, and hull failures contributed to just over 10 percent of all reportable boating accidents in Florida in 2022.

Common Winter Haven Boating Accident Injuries

The types of injuries victims may sustain in a boating accident are often similar to those that occur in a car accident, with the added risk of drowning injuries. Some common boating accident injuries include:

  • Head injuries, including traumatic brain injuries.
  • Back injuries, including spinal cord injuries.
  • Internal injuries, including serious injury to vital organs.
  • Burn injuries.
  • Sprains and strains.
  • Lacerations.
  • Broken bones.
  • Contusions.
  • Drowning injuries.

What Compensation Might Be Available in a Winter Haven Boating Accident Case?

If you were injured in a Winter Haven boating accident and another party caused or contributed to the accident, you could be entitled to compensation in the form of both economic and non-economic damages.

Economic damages represent the objective, easily quantifiable expenses related to the accident, including expenses such as doctor and hospital bills, the cost of repairing or replacing your boat or PWC, the cost of rehabilitation and therapy, and the value of lost wages or income.

Non-economic damages are intended to compensate a victim for the subjective injuries sustained in a boating accident and may include compensation for things such as pain, suffering, and mental anguish as well as scarring and disfigurement.

If you lost a spouse, parent, or child in a Winter Haven boating accident, you may also be entitled to compensation in Florida wrongful death lawsuit for things such as the loss of companionship, care, and support and the loss of future earnings.

How Can an Experienced Winter Haven Boating Accident Lawyer Help?

If you suffered injuries in a Winter Haven boating accident or a family member was fatally injured in one, and you believe that another party’s negligence caused or contributed to the accident, the team at Kemp Personal Injury Law is committed to helping you pursue justice.

As a former prosecuting attorney and associate at one of the largest personal injury firms in America, attorney Adam Kemp is dedicated to using his extensive litigation experience and considerable resources to ensure that victims are fully and fairly compensated for their physical and emotional injuries. At Kemp Personal Injury Law, we work hard to develop a personal relationship with each client and to make the legal system less intimidating.

If you were injured in a Winter Haven boating accident or lost a family member in one, contact an experienced Winter Haven boating lawyer at Kemp Personal Injury Law to discuss your legal options. It is our mission to make sure that victims who were injured in a preventable boating accident are fully and fairly compensated by the responsible party or parties. Contact the team today for your free initial consultation by calling 863-225-0254 or by filling out our convenient online contact form.

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