Suing a Boat Tour Company After an Accident on a Florida Wildlife Excursion

Florida’s scenic waterways and wildlife excursions attract thousands of tourists each year. While these trips are meant to be enjoyable, boating accidents can and do happen. When an accident occurs during a wildlife excursion, injured passengers may have the right to seek compensation from the boat tour company, boat operator, or other liable parties.

If you or a loved one was injured during a wildlife excursion in Florida, understanding your legal options is essential. This guide explains how to pursue a personal injury claim, the role of maritime law, and how a boating accident attorney can help you recover damages.

Common Causes of Boat Tour Accidents in Florida

Boating accidents can happen for several reasons, many of which are preventable. Common causes of wildlife excursion accidents include:

1. Negligent boat operator: A boat operator who is distracted, inexperienced, or under the influence can cause serious accidents.
2. Poor vessel maintenance: Failing to properly maintain the boat can result in mechanical failures that put passengers at risk.
3. Improper lookout: Crew members are responsible for watching for obstacles, wildlife, or other boats involved in the waterway. An improper lookout can lead to a collision.
4. Lack of adequate safety training: Boat tour companies must ensure that operators and crew members receive adequate safety training. Without it, serious injuries can occur.
5. Weather-related hazards: Sudden storms or strong currents on Florida waterways can create dangerous conditions, especially if operators fail to act swiftly.

When an accident happens, identifying the exact cause is crucial for proving negligence and holding the boat tour company accountable.

Common Boat Accident Injuries

Boat accidents can result in serious injuries or even wrongful death. Some of the most common injuries sustained on a wildlife excursion include:

• Head and brain injuries from impact with the boat or surrounding objects.
• Broken bones from slips, falls, or sudden jolts.
• Spinal cord injuries that may cause permanent paralysis.
• Lacerations and cuts from shattered glass, debris, or sharp edges.
• Drowning or near-drowning incidents when passengers are thrown overboard.

If a death occurs, surviving family members may be able to file a wrongful death claim against the tour company, the negligent boat operator, or other liable parties.

Who is Liable for a Boat Tour Accident?

Liability in boat tour accidents can be complex. Multiple parties may be responsible, including:

• The boat tour company: The company may be held liable for negligent hiring, lack of adequate safety training, or failure to maintain the boat.
• The boat operator: If the operator is found to be negligent, he or she can be held personally responsible.
• The boat owner: If the boat is owned by a separate party (like a rental company), they may be liable for defective equipment or lack of proper maintenance.
• Crew members: Crew members are responsible for ensuring visitor safety. Their negligence or failure to follow safety protocols could make them liable.

Proving negligence is key to recovering compensation in a personal injury claim. An accident attorney will investigate the accident scene, gather witness testimony, and work to identify the liable party.

How Maritime Law Impacts Your Case

Unlike car accidents or motor vehicles on land, boating accidents are often governed by maritime law. This body of law applies to incidents on navigable waters, including Florida’s rivers, lakes, and coastal areas. Maritime law outlines specific rights for injured passengers and defines the duties of boat operators and crew members.

One important aspect of maritime law is the duty of care owed to passengers. Boat operators and crew members are required to exercise reasonable care to prevent harm. If they fail in this duty, injured passengers may have grounds for a negligence claim.

What to Do After a Boat Tour Accident

If you are injured in a boating accident on a wildlife excursion, follow these essential steps to protect your legal rights:

1. Report the accident: Notify the proper authorities, such as the Coast Guard or the Florida Fish and Wildlife Conservation Commission.
2. Seek medical treatment: Your health and safety should be the top priority. Keep records of all medical treatment and medical expenses.
3. Document the scene: Take photos of the accident scene, the boat, and any visible injuries.
4. Gather witness testimony: Collect contact information from other passengers and witnesses. Their statements may support your claim.
5. Consult a boating accident attorney: A skilled accident attorney can help you navigate maritime law and seek maximum compensation for your injuries.

Compensation Available to Boat Accident Victims

Victims of boat tour accidents may be entitled to several forms of compensation, including:

• Medical expenses: This includes past, present, and future medical treatment, as well as any rehabilitation costs.
• Lost wages and future lost wages: If you’re unable to work due to your injuries, you may be able to recover compensation for your lost income.
• Pain and suffering: Compensation for the emotional and physical impact of the injury.
• Wrongful death damages: When a death occurs, surviving family members can pursue compensation for funeral costs, loss of companionship, and more.

Boat accident victims may also pursue compensation for emotional distress and mental anguish caused by the accident.

How an Accident Attorney Can Help

If you’ve been injured in a boat tour accident, a Florida boat accident attorney can help you seek justice. Here’s how they assist clients:

1. Investigating the accident: Attorneys gather evidence, witness testimony, and Coast Guard reports to establish liability.
2. Handling insurance claims: Dealing with a boat insurance company can be stressful. Attorneys negotiate on your behalf to ensure you receive fair compensation.
3. Proving negligence: They work to prove that the boat operator, tour company, or crew members were negligent.
4. Filing a personal injury lawsuit: If settlement negotiations fail, an attorney can file a personal injury lawsuit to pursue full compensation in court.

Boat Tour Accidents vs. Cruise Ship Accidents

While boat tour accidents and cruise ship accidents both involve maritime law, there are key differences. Cruise line companies have their own protocols for filing claims, and they often require passengers to follow specific procedures after an injury. Cruise ship passengers may also be required to file claims within a shorter statute of limitations.

If a cruise line is found negligent, an experienced accident attorney can help hold the cruise line accountable for injuries suffered by passengers.

Why You Should Contact an Experienced Boating Accident Attorney

If you or a loved one was injured on a wildlife excursion in Florida, an experienced boating accident attorney can help you recover damages for medical expenses, lost wages, and more. Maritime law is complex, but a knowledgeable attorney will handle every aspect of your boat accident case.

Lopez & Humphries, P.A. has the experience you need to navigate maritime law, negotiate with insurance companies, and recover compensation. Contact us today for a free consultation.

Learn more about suing a boat tour company after an accident on a Florida wildlife excursion. Call Lopez & Humphries, P.A. at (863) 709-8500 to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

Frequently Asked Questions (FAQs)

1. Who can be held liable for a boat tour accident?
Liability may fall on the boat tour company, boat operator, crew members, or the boat owner, depending on the cause of the accident.

2. How long do I have to file a claim for a boat accident?
Florida law generally allows four years for personal injury cases. However, maritime law may have shorter deadlines.

3. What compensation can I receive for a boating accident?
Compensation may cover medical expenses, lost wages, pain and suffering, and wrongful death damages.

4. What should I do if I’m injured on a wildlife excursion?
Report the accident to the Coast Guard or the Florida Fish and Wildlife Conservation Commission, seek medical treatment, and contact a boating accident attorney.

5. What makes maritime law different from other personal injury cases?
Maritime law governs accidents that happen on navigable waters and imposes unique rules on boat operators, crew members, and vessel owners.

If you have more questions or need assistance with your case, contact Lopez & Humphries, P.A. for experienced legal guidance. Our attorneys are ready to help you pursue the justice and compensation you deserve.