When it comes to boat accidents recovering damages, the question of whether you can recover damages is a difficult one. Unlike on the road, apportioning blame is difficult because it’s not as if one boat ‘switched lanes’ or ‘didn’t indicate while turning’. Sure, one boat might be speeding, but the other may not have been paying enough attention. In this case, both might take some of the blame.
Alternatively, a boat may have caused a large wake. Yet, operators of vessels on the water are taught to be aware at all times. What happens here? Well, it could depend on the size of the wake and whether or not the incident took place in a no-wake zone.
Florida and Pure Comparative Negligence
If you’ve been in a boat accident and feel it wasn’t your fault, we would never want to steer you away from claiming because you could be entitled to damages. In Florida, we use what’s called ‘pure comparative negligence. This means that the damages you receive will be discounted if you played a small role in the boat accident yourself.
As an example, let’s say the judge rewards $15,000 in compensation. However, you are 20% responsible for the accident. Rather than being awarded nothing, it means you’ll get $12,000; $15,000 – $3,000 (20%).
Judging Boat Accidents
With no cameras and no extensive laws, many boat accident cases come down to the strength of one’s case. If you partner with an experienced attorney, like The Injury Firm, you’ll be able to build a strong case and allow the opinion of the judge to lean in YOUR favor.
Over the years, we’ve handled numerous boat accident cases and allowed compensation to reach those who deserve it. As well as following the correct procedures, we also know the common mistakes to avoid. If you want to learn more, get in touch today and one of our fantastic team members will answer your questions!
