Boat Accidents

The Altman Law Firm provides dedicated legal representation for victims of Miami boat accidents, helping you seek justice after a serious injury on the water.

Boat Accidents

Free consultation: (305) 373-3730.

Overview

The Altman Firm Difference defines our strict focus on catastrophic loss and wrongful death in boat accidents, leveraging our legacy since 1998 and Jeffrey S. Altman's status in the Million Dollar Advocates Forum. We do not operate as a general practice, focusing exclusively on high-leverage maritime and boating litigation.

About these cases

South Florida is known for its beautiful waterways, but a day on the water can quickly turn tragic when boat operators act recklessly. Boat accidents often result in severe injuries due to the lack of safety restraints, high speeds, and the unpredictable nature of the ocean. The Altman Law Firm understands the devastating physical, emotional, and financial toll these incidents take on victims and their families. Led by Jeffrey S. Altman, who has over 25 years of experience in personal injury law, our firm is committed to holding negligent boaters and maritime companies accountable. We handle these complex cases on a contingency-fee basis, meaning you pay nothing for our services unless we recover compensation on your behalf. Please note that reading this information does not create an attorney-client relationship, but we are here to listen to your story and explain your legal options.

How these cases work

The legal process begins with a comprehensive consultation where we review the details of your boating accident and discuss your legal rights. If we proceed together, our team immediately notifies the at-fault parties and their insurance companies to direct all communication through our office. We then enter the discovery and investigation phase, gathering official reports from the Florida Fish and Wildlife Conservation Commission or the Coast Guard, alongside witness statements and medical records. Once you reach maximum medical improvement, we submit a detailed demand package outlining your damages. If a fair settlement cannot be reached through negotiation or mediation, The Altman Law Firm is fully prepared to file a lawsuit and present your case before a judge or jury.

Florida law that applies

Boating accidents in Miami are often governed by a complex intersection of state and maritime laws. Under Fla. Stat. § 95.11, victims generally have a limited timeframe to file a personal injury lawsuit, making prompt action essential. Additionally, Fla. Stat. § 768.81 establishes a modified comparative negligence standard, meaning your financial recovery could be reduced if you are found partially responsible for the incident, and barred entirely if you are more than fifty percent at fault. Depending on where the accident occurred, federal admiralty law may also apply. In cases involving fatal boating accidents, the Florida Wrongful Death Act dictates how surviving family members can seek justice. We navigate these overlapping statutes to protect your rights without offering specific legal advice on this page.

Frequently Asked Questions

What should I do immediately after a boat accident in Florida?

Immediately following a boating accident, prioritize safety and medical treatment. To protect your health and legal rights, follow these steps: 1. Render aid and contact emergency personnel immediately for anyone injured. 2. Report the accident to the Florida Fish and Wildlife Conservation Commission (FWC), local law enforcement, or the U.S. Coast Guard, as mandated under Fla. Stat. § 327.30 for incidents involving injuries, disappearance, or significant property damage. 3. Document the scene by taking photos and videos of vessel damage, sea conditions, and injuries, while gathering contact details from all operators and witnesses. 4. Contact Jeffrey S. Altman at The Altman Law Firm before providing statements to marine insurers.

Can I hold a boat operator liable if they caused an injury while operating under the influence (BUI) in Florida?

Yes. Operating a vessel while impaired by drugs or with a blood-alcohol level of 0.08 percent or higher is illegal under Fla. Stat. § 327.35. In a civil injury claim, proving a vessel operator was intoxicated establishes negligence per se or strong evidence of reckless behavior. Victims injured in boating under the influence (BUI) collisions can pursue compensation for medical bills, lost income, and pain and suffering. Florida law may also allow injured parties to pursue punitive damages to address intentional misconduct or gross negligence. The Altman Law Firm investigates police toxicology reports and FWC findings to pursue negligent operators.

Can I recover compensation if I was injured by an intoxicated boat operator in Florida?

Yes, you can pursue financial recovery if you were injured by an impaired boater. Boating under the influence (BUI) violates Fla. Stat. § 327.35 and establishes clear evidence of negligence. Even if you were a passenger on the vessel, your claim remains viable under Florida's modified comparative fault statute, Fla. Stat. § 768.81, as long as your own responsibility does not exceed 50 percent. When an operator exhibits gross impairment, claims for punitive damages may also be evaluated under Fla. Stat. § 768.72. Jeffrey S. Altman and The Altman Law Firm scrutinize FWC investigation reports and toxicology findings to hold impaired operators accountable.

Who is responsible for injuries caused by a rented boat or Jet Ski in Florida?

Liability for a rental vessel accident can involve multiple parties depending on the circumstances. The negligent operator who caused the crash holds direct responsibility under Florida tort law. Additionally, under Fla. Stat. § 327.54, commercial liveries that lease watercraft must comply with strict safety regulations, including providing required safety equipment, delivering operational instructions, and verifying proper boater safety certification. If a rental company leases an unseaworthy or mechanically flawed watercraft, or rents to an incompetent operator without mandated instruction, the company itself may share liability. Jeffrey S. Altman and The Altman Law Firm evaluate rental agreements and maintenance histories to identify all responsible entities.

Can an injured passenger recover damages if a boat captain recklessly crossed a large wake or struck a sandbar?

Yes. Vessel captains owe passengers a duty of reasonable care to navigate safely and monitor marine conditions. Under Fla. Stat. § 327.32, operating a vessel in reckless disregard for the safety of people or property is unlawful. Navigating excessive wakes at unreasonable speeds, failing to watch navigational markers, or grounding a boat on a charted sandbar constitutes actionable negligence when passengers suffer trauma like spinal injuries or fractures. Passengers can seek recovery for medical bills, rehabilitation expenses, and emotional distress. Jeffrey S. Altman at The Altman Law Firm assists injured passengers in holding careless boat operators accountable for avoidable aquatic collisions.

What is the difference between federal maritime law and Florida state law in a boating accident claim?

The distinction depends on the body of water where the accident occurred and the nature of the maritime activity. Florida state personal injury law governs incidents on non-navigable, landlocked waters, applying state statutes such as Fla. Stat. § 768.81 for comparative fault. In contrast, accidents occurring on navigable waterways, coastal inlets, or offshore waters frequently fall under federal admiralty and maritime jurisdiction. Maritime law introduces unique legal principles, such as federal standards of reasonable care, maritime comparative negligence, and potential vessel owner defenses like the federal Limitation of Liability Act. The Altman Law Firm assesses proper jurisdictional rules to advance injury claims in the correct venue.

Can I recover compensation if I was injured as a passenger on a recreational boat in Florida?

Yes. An injured passenger on a recreational watercraft can seek compensation if an accident results from operator negligence, reckless navigation, or vessel defects. Vessel operators owe all passengers a duty of reasonable care under Florida maritime law. Depending on how the accident occurred, liability may fall upon the operator of your boat, the operator of another vessel involved in a collision, or a maintenance provider. Because passengers rarely contribute to vessel operation, they are seldom subject to fault reductions under Florida's comparative fault statute, Fla. Stat. § 768.81. Jeffrey S. Altman of The Altman Law Firm represents injured maritime passengers on a contingency fee basis.

Can I file an injury claim if I was hurt in a jet ski or boat rental accident?

Yes, you can pursue an injury claim following a rental boat or personal watercraft crash. Liability often extends beyond a negligent operator to the vessel livery company. Under Fla. Stat. § 327.54, rental liveries are legally prohibited from renting vessels to individuals without providing mandatory pre-rental safety instructions or verifying required boater education. If a facility provided poorly maintained equipment, failed to supply required personal flotation devices, or rented to an unfit operator, they may share liability for your harm. The Altman Law Firm investigates rental contracts, maintenance logs, and safety compliance to hold all negligent entities accountable.

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