Articles Posted in Boating Accidents

The report from an internal affairs investigation of a boat accident more than a year ago on the Intracoastal Waterway involving a Palm Beach County Sheriff’s Deputy was recently released, reports The Palm Beach Post News.

The Sheriff’s Deputy who lost her arm in a drunk boating accident near Palm Beach will not be disciplined, despite the upheaval of opinions the decision has caused within the department. Following the decision of the lead internal affairs investigator, Capt. Larry Easton stated in a memo “Her off-duty conduct has brought discredit upon PBSO.”

Palm Beach personal injury lawyers understand the sensitivity of this case due to the fact that an officer of the law was allegedly operating the boat while under the influence of alcohol. Previous reports by the Palm Beach County State Attorney’s Office released months ago indicated that no charges would be filed because not enough evidence was available to prove beyond reasonable doubt that the Sheriff’s Deputy was operating the boat at the time of the crash.

She had signed the boat out from a private club with a friend earlier in the day indicating she would be operating the boat in a safe manner. But due to the nature of the accident, it is unknown who was operating when the accident occurred.

It is reported that another boat headed in the opposite direction created a wake which caused the driver of the boat in question to lose control, crash into pilings with a boat lift attached. The boat overhead fell onto the Sheriff Deputy’s boat, pinning her underwater for 2 minutes and defenseless against the boat propeller which slashed her arm. Her arm had to be amputated while the other passenger suffered from several cuts and a broken nose. Both boat occupants tested positive for a blood alcohol content level of almost twice the legal limit within 30 minutes of the crash.

This case is just another example of how boat operators should always practice safe driving behaviors in order to reduce serious injury or even fatality in a boating accident. We posted previously on our South Florida Injury Lawyers Blog that over 18 percent of boating accidents in 2009 were alcohol or drug-related. There were a total of 51 fatal boating accidents in 2009, which killed 65 people and injured another more than 400 people. Palm Beach County ranked third in reported boating accidents in 2009 with 56 accidents.

Whether you are a recreational boater or ride the waves for a living, boaters should never operate under the influence or drive a boat erratically. You can put you, your passengers, and other boaters in serious danger which can lead to severe injuries, fatality, and many times stringent consequences as a result of your behavior.
Continue reading →

A 31-year-old tourist died recently during a parasailing accident in Florida. The parasailing boat, Almost Heaven, lost power mid-trip and sent the tourist plunging down into the Gulf of Mexico from hundreds of feet in the air, according to 13 News.

Parasailing accidents in Fort Lauderdale and other beach towns in Florida contribute to a number of tourist injuries every year. With the lack of state and federal regulation of this industry, many companies slack on safety standards.

“It wasn’t dead in the water. Our understanding is that it was able to make a bare-steerage way. Just enough propulsion to maintain the course,” said Coast Guard Deputy Cmdr. Peter Martin. “But could not come up to speed.”

Our Fort Lauderdale tourist accident attorneys understand that tourists flock to our beaches to enjoy the sandy shore, parasailing, jetski rides, boating excursions and a number of other tourist attractions. A number of these activities lack government overview and are free to operate as they wish. Without this type of supervision, tourists face a greater risk of being injured in Florida. We are unable to report an exact number of tourist accidents in this industry because there are no state or federal regulations that apply specifically to parasailing. The only thing that regulates these rides are rules that apply to all commercial vessels.

According to witness reports, the parasailing tourist waved from the water after the plunge to signal that he was alright. He was still connected to the parachute that allowed him to float in the water. He was still being pulled by the boat, at an accelerate rate of speed, once he landed. The victim was wearing his life jacket.

A number of emergency crews responded to the incident but we’re unable to save the man. When they pulled him out of the water, he was unconscious.Officials have yet to determine what happened between the wave from the water to the time they rescued him.

According to Florida Fish and Wildlife Conservation Commission Spokesman Gary Morse, all of the statements that were taken from witnesses corresponded. There were eight people on Almost Heaven, the parasailing boat.

The boat wasn’t inspected, according to the Coast Guard. Florida Fish and Wildlife currently has the boat and is conducting an investigation.

A number of these parasailing companies along our Florida shoreline do not have up-to-date licensees or certifications. It is also reported that the operators of the parasailing equipment have little to no training in how to correctly use a parachute. A large number of them are not medically trained either. Even worse, these companies will often secure parasailers and take them through rides of windy weather, bringing riders too close to other boats, buildings and other land structures.

The council founder of Parasail Safety Council, Mark McCulloh, reports that there are about 350 parasail businesses that operate in the United States. He says that because of the lack of accurate accident statistics regarding this business, the industry can continue to promote the misconception that parasailing is safe and needs no state or federal regulations or operating standards.

“I think this is a very close-knit society of operators who are very secretive,” he said. “No one wants to take responsibility for regulating this sport. “If you research parasailing statistics, it looks like the safest sport in the world. In reality, it’s a huge industry without regulations.”
Continue reading →

Many consider Memorial Day weekend to be the official start to the boating season, but in Florida, it always seems to be boating season, with our beautiful weather and the ocean, waterways and lakes. So, West Palm Beach Boating Accident Lawyers warn boaters to take extra precautions to be safe this holiday weekend while enjoying your watercraft.

But as we approach the Fourth of July holiday weekend, more boaters than ever will likely be enjoying the spray of the water and the warm weather South Florida has to offer. But as the Florida Fish And Wildlife Conservation Commission points out, boating accidents in Palm Beach County are common. With more than 940,000 registered vessels in Florida, the opportunity for collisions is there.

According to data compiled in 2010, Palm Beach County ranked third in the state in boating accidents. Of the 60 reported accidents, six involved fatalities and 18 accidents included injured passengers.

And we have seen such devastation right here in our community. CBS News reported recently that two 16-year-old boys were arrested on charges related to a boating accident that caused a teenage girl to lose part of her leg.

According to officials, the teens traveled into a designated swimming only area and ignored warnings to leave, plus they didn’t tell law enforcement of the accident, where the girl’s leg got caught in the propeller as she tried to climb into the boat.

These types of severe injuries are devastating, but avoidable. FWC says most of the accidents in 2010 — about one third of them — were caused by operator inattention. Excessive speed and alcohol use were also heavy factors in Palm Beach County boating accidents. Mostly open and cabin motorboats were involved in the accidents, but also personal watercraft.

As boaters know, an injury on the water can be more serious than an injury on land for several reasons. For one, the possibility of drowning exists. If a person suffers severe injuries and is rendered unconscious, there is always the risk that they could die. Florida’s 68 fatalities in 2010 was tops in the nation, not something for which to be proud. July 2010 was the second-deadliest month last year, while the majority of boating deaths occurred in the late afternoon and evening hours.

According to FWC research, 62 percent of those killed in boating accidents drowned. Another 34 percent died of some type of trauma, while in 4 percent of cases, the cause isn’t known. Regardless of the cause, it’s obvious that boating can be dangerous.

And what adds to the seriousness of the situation is dealing with emergency crew response times. With thousands of boats on the water and limited resources by the U.S. Coast Guard, local law enforcement marine units and others, getting help may take a while. And that’s why being extra cautious is that much more important. We want you to enjoy yourselves and the only way to do that is to be safe.
Continue reading →

NBC Miami recently reported on a near tragic boating accident near Miami.

Our Fort Lauderdale boating accident lawyers know that in 2009 Florida led the nation in boating accidents with 620 and we also had the most registered vessels with 982,470.

Three men are lucky to be alive after their boat sank near West End in the Bahamas. The three boaters had left Boynton Beach in their 35-foot boat; it is still unclear why the boat sank. When the vessel began taking on water the men put on their life jackets and activated a personal locator beacon signal. The Coast Guard Cutter Bluefin found the three men, hungry and cold clinging to a water cooler.

“These boaters survived a potentially fatal accident because they were prepared,” Capt. Chris Scraba, commanding officer of Coast Guard Sector Miami, said in a release. “They immediately donned life jackets, which allowed them to stay afloat until they were rescued and they activated their PLB, which provided the Coast Guard precise location information.”

Well over half of Florida’s reportable boating accidents in 2009 occurred in these 10 counties:

-Monroe County had 3 fatalities and 77 accidents.
-Miami-Dade County had 4 fatalities and 62 accidents.
-Palm Beach County had 3 fatalities and 56 accidents.
-Pinellas County had 4 fatalities and 45 accidents.
-Broward County had 30 accidents.
-Collier County had 27 accidents.
-Lee County had 1 fatality and 24 accidents.
-Hillsborough County had 22 accidents.
-Volusia County had 5 fatalities and 20 accidents.
-Bay County had 2 fatalities and 20 accidents.

According to the Coast Guard more than 75 percent of boating fatalities are caused by drowning, not injuries. The three boaters were prepared which the Coast Guard says contributed to the positive outcome of this incident. They all donned their life jackets quickly, they were able to stay afloat and turning on their personal locator beacon (PLB) allowed the Coast Guard to find them a lot faster. The Coast Guard reports over 90 percent of drowning victims when found are not wearing life jackets.

The Florida Fish and Wildlife Conservation Commission suggest these safety tips:

-You can never have too many safety devices.

-Make sure someone knows where you are going and when you will be back. Filing a float plan will make finding your location easier in the event of an accident.

-Never drink and operate a boat, assign a designated operator.

-Make sure life jackets are easily accessible and attach a plastic whistle to it.

-Be mindful of your speed, boats don’t have brakes.

-Don’t try to swim to shore if your boat sinks, stay near the vessel.

-Take a boating safety course if you plan on operating a vessel.
Continue reading →

Recently WPBF 25 reported on a boating accident that claimed one life and injured another.

Our St. Lucie personal injury attorneys know that boating is a wonderful activity. But it carries additional risks when operators are inexperienced — which is a leading cause of Port St. Lucie boating accident.

The survivor of the boating accident has no idea what happened when a day of fishing on the St. Lucie River turned tragic.

Witnesses report that the boat was out-of-control when it crashed into the Evans Crary Bridge. The impact threw both passengers into the water. A nearby boat rescued one but the other passenger had already gone under the water. The missing passenger’s body was found a day later. The cause of the crash is still being investigated.

According to the Florida Fish and Wildlife Conservation Commission from 2005 through 2009, Florida had an average of over 1 million registered vessels. There are roughly 656 reportable boating accidents a year. A reportable accident is one that involves at least $2,000 worth of damage.

In 2009, there were 51 fatal boating accidents resulting in 65 fatalities in Florida; an additional 426 sustained injuries.

Statistics for these crashes include:

-Worst month: July 8 fatal crashes.
-Worst time of day: between 4 p.m. and 7 p.m. reported 23 fatal crashes.
-20 deaths were from falls overboard.
-Males were operating the boat 96 percent of the time.
-89 percent of the boat operators had no boating education.
-18.5 percent of the crashes were alcohol/drug related.

In 2009, 62 percent of reportable boating accidents happened in 10 Florida counties:

-Monroe: 77 accidents, 3 fatalities.
-Miami-Dade: 62 accidents, 4 fatalities.
-Palm Beach: 56 accidents, 3 fatalities.
-Pinellas: 45 accidents, 4 fatalities.
-Broward: 30 accidents.
-Collier: 27 accidents.
-Lee: 24 accidents, 1 fatality.
-Hillsborough: 22 accidents.
-Volusia: 20 accidents, 5 fatalities.
-Bay: 20 accidents, 2 fatalities.

The next time you head out on the water remember to wear a life jacket, especially when the boat is moving. If you do take it off, know where it is in case of an emergency. And fill out a float plan and leave it with someone in case something happens. The information on the form includes things like your vessel and vehicle information, where you are going, who is with you and when you are due home. If you find you are running late let the person (who has the form) know you are OK and are just behind schedule.
Continue reading →

Two Palm Beach deputies are injured after a Ride-the-Wind tour boat collided with the Deputy’s air boat, according to The Palm Beach Post. The crash happen at approximately 1:30 p.m. in shallow, well-traveled water in the Broward County Everglades.

Our Fort Lauderdale personal injury lawyers know the dangers faced by visitors and residents alike. Whether on a private boat, a rented boat or as part of a tourist excursion, the waters off the Fort Lauderdale coast are some of the busiest in the nation.

Florida the boating capital of the nation, and therefore not surprising, also logs the most boating accidents. Inexperienced boaters pose a threat to all those traveling the coast. Drunk boating, poorly maintained boats and boater inexperience also increase the risk of a serious Florida boating accident.

After the air boat crash in the Everglades, the tour boat sank and the dozen people involved rode back to the entry of the Arthur R. Marshall Loxahatchee National Wildlife Refuge on board the sheriff’s office craft. The boat’s starboard side was reportedly damaged, according to 7News.

According to the U.S. Coast Guard, nearly 5,000 accidents, more than 70 deaths and more than 3,000 injuries, were reported in 2009. Recreational boating accidents also cost $36 million in property damage. It has also been noted that the leading cause for fatal boating accidents was the use of alcohol, contributing to roughly 16 percent of boating deaths.
Continue reading →

According to the Florida-Caribbean Cruise Association, approximately 13.5 million people boarded cruise ships in 2009. The Association brags about the new high-tech features of cruise ships: golf simulators, water parks, surf pools, ice-skating rinks, rock-climbing walls, etc. But all of these attractions increasing the risks of a Florida cruise ship accident.

Our West Palm Beach personal injury lawyers know that cruise ships can provide a well-deserved getaway for many families. We also understand that with the plethora of features, unfamiliar territories and traveling excitement, accidents can easily occur without the proper precautions.

Injuries are not only occur to passengers, but employees of these cruise ships are vulnerable to accidents as well. The Jones Act allows seamen to sue their employer for negligence. Prior to the passing of the Jones Act in 1920, Congress had no workers’ compensation for seamen if they were injured at sea. For many years, the injured seamen had to rely upon Maritime Law for their recovery. Duhaime.org defines maritime law as, “”…the origins and life of a ship. This includes the rights and responsibilities of those who have an interest in such a ship, whether involved in financing, securing, owning, managing, operating, provisioning and supplying, navigating, using its services or servicing it in any way, or regulating it, as well as those who are affected or injured by its operations.”

It is important to read the rights and conditions that come with your cruise ticket before boarding a cruise ship. These terms and conditions limit your time to file a lawsuit on behalf of an injured passenger. On the other hand, cruise ship owners may be able to file a lawsuit for an extended period of time, up to one year after the alleged incident. These limitations, and all others, are enforceable and permitted under United States statute.

Cruise Bruise offers these safety tips to help keep you safe on your next ocean getaway:

-Never wander the ship alone. Always explore with someone you’re traveling with.

-Never take a cruise alone. Safety always comes in numbers.

-Don’t drink in excess in public areas of the ship.

-Be careful when eating from the buffets. Disease and food related illness is commonly transmitted through the handling of food in these open food areas.

-Be careful in the ship’s decks. Wind gusts can reach hurricane force.

-Steer clear of the deck in high seas. It is also recommended to stay away from windows and large movable objects in inclement weather.
Continue reading →

A shoreline Palm Beach boating accident off Juno Beach last Saturday has left a 14-year-old girl in critical condition with a serious leg injury at St. Mary’s Medical Center, the Palm Beach Post reports.

The accident occurred as the girl was attempting to board a 22-ft. Cobia in about three feet of water. She was struck in the leg by the propeller when the operator revved the engine in an effort to avoid becoming beached after waves pushed the vessel toward the shore.

She was dragged to the beach by friends where lifeguards worked to stop the bleeding. The Cobia sped off. To date two on-board witnesses to the accident have been questioned by authorities and an investigation is ongoing.

Winter does nothing to lessen the chances of a boating accident in Fort Lauderdale, Port St. Lucie or elsewhere in South Florida. In fact, warm weather, the lack or storms and the influx of tourists and winter residents, mean the risks remain substantial through the winter months.

Our West Palm Beach injury lawyers remind tourists and residents alike to practice safe boating habits, which can drastically reduce your chances of being involved in a boating accident. In fact, the Sun-Sentinel recently reported that 90 percent of those involved in a Florida boating accident never took a boating safety course. And the leading cause of death — drowning — could be averted in most cases by simply wearing a life vest.

With just under 1 million registered vessels, Florida is the boating capital of the United States. A total of 620 boating accidents were reported in 2009. California was the only other state to report more than 500 accidents. Sixty-five boaters were killed and more than 420 were seriously injured.

The most boating accidents were reported in Monroe County/Florida Keys (77), followed by Miami-Dade (62), Palm Beach (56), Pinellas (34) and Broward (30).

Safety tips from the Florida Fish and Wildlife Conservation Commission include:

-Use a designated operator and don’t drink and boat.

-A plastic whistle attached to a life vest can save your life.

-All boat operators, regardless of age, should take a boater safety course.

-File a float plan with friends or family. A float plan says where you are going and when you expect to return. If you are overdue, a float plan can give authorities some idea of where to start looking.

-Never stand in a canoe.

-Make sure life jackets are readily accessible.

-Stay with the boat in the event that it capsizes. You will be easier to find. Do not try to swim to shore.

-Remember that boats do not have brakes or rearview mirrors.

-You cannot have too much safety equipment.
Continue reading →

State law enforcement officials are reminding South Florida residents that a stepped up patrol presence on roadways isn’t the only place officers will be looking for drunk and impaired drivers this Labor Day weekend. Deputies will also be patrolling our inland and off-shore waterways hoping to keep recreational boaters safe and accident-free as well, tbnweekly.com reports.

According to the article, 18.5 percent of boating fatalities were alcohol or drug related; 65 people died in Florida boating accidents in 2009. Not surprisingly, Florida leads the nation in boating incidents with 982,470 registered vessels involved in 620 reported boating accidents in 2009, the Florida Fish and Wildlife Commission reports.

A FWC review of annual boating accidents found that 62 percent of reportable accidents occurred in 10 Florida Counties, with Miami-Dade, Palm Beach and Broward County ranking in the top five for number of boating accidents. If you have been injured in a boating accident, talking to an experienced Fort Lauderdale personal injury attorney who understands the complexities of Florida boating laws can help you preserve your rights.

Recent data compiled by the FWC indicates that boating accidents are on the increase in 2010 with three drowning so far this summer caused by people jumping from boats into high-traffic waterways. Officials say that swimmers often overestimating their abilities or are unfamiliar with potential dangers lurking beneath the surface in open-water.

Of course, alcohol is often a factor, and officials suspect it to have played a role in this year’s upswing. “Operating a vessel or engaging in other waterborne activities while drinking is just not a smart idea,” Capt. Carol Keyser of the FWC’s Boating and Waterways Section said.
Continue reading →