boating accidents

August 15, 2024

Boating and Labor Day Fun: A Fatal Combination for Boating Accidents

Labor Day weekend is one of the most anticipated holidays in Florida, drawing countless residents and tourists to the state’s beautiful waters. Unfortunately, this increased activity often leads to a spike in boating accidents. According to the American Boating Association (ABA), Labor Day is one of the three biggest holidays of the year when it comes to boating accidents. Along with Memorial Day and the Fourth of July, these three days account for one-third of all boat-related fatalities and injuries.

Knowing the factors that contribute to these accidents can be crucial for both your safety and legal rights. A Miami boating accidents attorney will assist with the process, which may include filing an insurance claim and suing in court. Plus, you should be aware of some factors that contribute to the increase in boating accidents around Labor Day in Florida.

Factors Affecting Holiday Accidents on the Water

July 15, 2024

Dangers of Summertime Boating Accidents in Miami

by Gerson & Schwartz, P.A.

Despite the fact that the weather in South Florida allows boating enthusiasts to hit the water all year long, there is definitely an increase in traffic from Memorial Day to Labor Day. Unfortunately, the higher volume of boaters enjoying the state’s waterways also means that boating and marine accidents are on the rise. According to the Florida Fish and Wildlife Conservation Commission (FWC), more than half of all boat accident fatalities occur during the summer months.

May 24 will kick off the social summer season, so it is important to be aware of some of the safety issues that could affect your fun. There are risks that exist during this time period that are not as prevalent as at other times of the year. Some information on the dangers should help you avoid Miami boating and marine accidents, while other details will guide you in what to do if you are injured in one.

Factors That Impact Boating Collisions

September 20, 2023

How Do I Report a Miami Boating Accident?

by Gerson & Schwartz, P.A.

Whether you love fishing, cruising, adventure sports, or other water-based fun, you cannot beat the year-round beautiful boating weather in Miami. With no end to the season, the waterways of South Florida attract both residents and visitors. Despite being a responsible boat operator, it is still possible to be involved in an accident, considering the crowds, weather, and water conditions. In most cases, you should report to the Florida Division of Law Enforcement, Fish and Wildlife Conservation Commission (FWCC).

However, sheriff’s offices in South Florida have robust, well-equipped water safety and rescue divisions. You can call 911 to get them mobilized, and the US Coast Guard is also an option. Once you report the incident, there are additional steps to take. The first is retaining a Miami boating accidents attorney, but you should also keep in mind the following To-Do’s.

Seek Medical Treatment: It is critical to get appropriate attention for injuries right away, even if you do not initially think you are hurt badly. The ER is for life-threatening trauma, such as excessive bleeding, loss of consciousness, or difficulty breathing. For injuries that are less serious, you may opt for an urgent care center or your primary care physician for same-day treatment. No matter where you decide to treat, visit a physician at minimum within two days.

June 20, 2021

Keep These Florida BUI Accident Statistics in Mind This Fourth of July

by Gerson & Schwartz, P.A.

Just as it has enacted laws regarding driving a motorized vehicle while intoxicated, Florida also penalizes Boating Under the Influence (BUI). Unfortunately, the nature of water-based activities can make it difficult to enforce the laws, so marine accidents involving alcohol are still a common problem. According to the Florida Fish and Wildlife Conservation Commission (FWCC), drunk or drugged boat operation plays a role in around 23% of boating fatalities. With the Fourth of July right around the corner and water-based fun being part of the celebration, you can be sure that the risk of BUI accidents will be high.

Victims do have legal options after being injured in a boating accident caused by impairment or any other form of negligence. A Miami boating and marine accidents lawyer can review your circumstances and explain the laws, since you may qualify for compensation. Still, it is wise to review some additional data to protect yourself and your family over this Fourth of July weekend.

Statistics on BUI and Boating Accidents

September 23, 2020

South Florida Leads the State in Personal Watercraft Fatalities and Injuries

by Gerson & Schwartz, P.A.

Thousands of residents and visitors flock to the warm waters of South Florida to enjoy the scenery while riding a personal watercraft (PWC). You may know these vehicles by their common names, such as waverunners and jet skis; they are popular as a mode of transportation as well as recreation. However, whether you own your own craft or rent from one of the many companies that line the beaches from West Palm Beach down to Miami, there are risks involved with PWCs. Statistics from the Florida Fish and Wildlife Conservation Commission (FWC) are proof: The counties along Florida’s southern coastline rank high for fatal and injury-causing PWC accidents.

Many of these incidents are the result of careless, reckless acts, and could have been prevented through the exercise of due caution. If you were injured on a PWC because of someone else’s negligence, you should get in touch with a Miami boating and marine accidents lawyer right away. Some background information may also be helpful.

Common Causes of PWC Accidents

February 10, 2019

Illegal Charter Boats in Florida Linked to Injuries and Fatalities

by Gerson & Schwartz, P.A.

The economy has changed in many ways recently. One of those changes is that everything has become on-demand. Anyone can hail a ride through an app. Anyone can rent a room or an entire house in minutes online. Boat owners and operators in Florida noticed the trend and started to rent out their boats by the hour and day. However, while many legitimate boat and yacht operators offer their vessels for rent, Florida authorities have seen a rise in illegitimate vessels renting out their services. These vessels are often operator by individuals without captain licenses. They lack the qualifications, safety gear, and crew training to carry passengers, and because of this, avoidable accidents occur. If you and your friends or relatives were injured on a charter boat ride, and you discovered it was an illegal charter, contact a Miami boating accident lawyer at Gerson & Schwartz P.A. right away. You can reach us through our online form or call (877) 475-2905 to schedule a free consultation.

April 2018 Death of Cesar Meneses Linked to Illegal Charter

Last May, we wrote about the death of Cesar Meneses, who was struck by a propeller of a 91-foot combination yacht and speed boat called the Miami Vice. At the time, Florida Fish and Wildlife Conservation Commission (FWC) was investigating the accident. The FWC discovered the Miami Vice, which Meneses and his friends had rented for his birthday, was an illegal charter boat. The boat owner had knowingly hired an unlicensed operator with a history of drug abuse. The vessel captain, Mauricio Alvarez, was not only unlicensed and lacked the training required by the U.S. Coast Guard for a vessel to carry passengers, he was entirely untrained. The Miami Vice owner hired Alvarez after watching him operate a vessel one time, according to an investigation by the Miami New Times.

May 15, 2018

25 Year Old Struck and Killed by Yacht Propellers in Miami

by Gerson & Schwartz, P.A.

On Sunday April 1, a boater near Miami went missing from the Miami Vice, a 91-foot combination yacht and speed boat that can be rented by the hour or day. At the time, there were seven guests aboard the yacht, which was operated by two crew members. Florida Fish and Wildlife Conservation Commission (FWC) received a call regarding the missing boat passenger that afternoon. By Monday, officials confirmed that the passenger had been killed. Preliminary information determined the passenger was in the water when the yacht captain put the vessel in reverse and was struck by the propellers. No charges have been filed yet and FWC is investigating the incident. Did you recently lose someone in a boating accident? If your spouse, parent, or child was killed in an incident with a yacht, ferry, commercial ship, or another type of vessel, do not hesitate to contact a Miami accident lawyer at Gerson & Schwartz P.A.

Florida Boating Accident Statistics

In Florida, a state surrounded by beaches and open water, personal and commercial boating accidents are not uncommon. According to FWC statistics, there were 714 reportable boating accidents in 2016. These led to 421 individual injuries. Additionally, 56 accidents were fatal, leading to 67 deaths. The main cause of fatal accidents was falling overboard. Sixteen individuals were killed after falling overboard, which was 29 percent of all fatal accidents. Whether or not the Miami Vice passenger fell overboard or intentionally jumped has yet to be determined. The most common reason for death after falling overboard is drowning (60 percent). However, other issues, such as being struck by propellers, can also be at fault.

June 6, 2017

Boating Accidents in Miami

by Gerson & Schwartz, P.A.

Miami Boating Accidents Often Result in Serious Injuries

At Gerson & Schwartz, P.A., our maritime accident lawyers represent the victims of serious boating accidents and injuries. We understand the complexities of maritime law and know how to hold negligent boat operators, manufacturers, cruise lines, marinas, and others who operate in the recreational boating industry responsible for their actions.

The recent death of Jose Fernandez gained significant attention locally and nationally. Hernandez, who was under the influence of illegal drugs and alcohol crashed his boat into a large group of rocks located on South East side of Government Cut. Accidents like these are preventable and avoidable. Hernandez’s death has resulted in a high profile wrongful death lawsuit. The allegations in that lawsuit filed in Miami Dade County Circuit Court, highlight the many dangers and types of reckless conduct that can result in boat accident fatalities. Our injury lawyers urge all boat operators and passengers to exercise extreme caution this boating season.