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Admiralty Maritime Law
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Pensacola Boat Accident Lawyer

If you were injured on the water, your maritime case may need to be handled differently than a standard personal injury case.  You require a boat accident lawyer with a comprehensive in maritime law. We have experience working with longshoremen, Jones Act employees, and BP claims.

Common Causes of Boat Accidents

Boating accidents can happen for a variety of reasons. Understanding the common causes can help prevent accidents and keep everyone safe on the water.

  • Operator Error: One of the leading causes of boat accidents. Inexperienced or distracted boaters may fail to navigate properly, causing collisions or capsizing. Recklessness, such as speeding or not paying attention to surroundings, can also increase the likelihood of accidents.
  • Alcohol and Drugs: Alcohol impairs judgment and reaction times, making it a significant factor in many boating accidents. Boating under the influence (BUI) is illegal and can lead to serious accidents, injuries, and even fatalities.
  • Weather Conditions: Sudden storms, high winds, and poor visibility are common causes of boating accidents. Boaters should always check weather conditions before heading out and be prepared for changes in weather during their trip.
  • Equipment Failure: Mechanical issues, such as engine failure or broken steering, can lead to accidents. Regular maintenance and safety checks are crucial to ensure the boat is in good working condition.
  • Collision with Other Vessels or Objects: Accidents can occur when boats collide with other vessels, rocks, buoys, or docks. These types of accidents can cause serious damage and injuries, especially if the collision happens at high speeds.

Injured in a Boat Accident?
Contact our experienced Pensacola boat accident lawyers today for a free consultation. We’ll fight to get you the compensation you deserve. Call us now at tel:(850) 695-8331!

Boat Accidents in Pensacola

Pensacola is a popular place for boating. Though it is very rewarding, accidents do happen. According to the National Safe Boating Council, 75% of drowning cases involved vessels less than 21 feet long. Alcohol and Life-vests are major influencers in the outcome. Accidents will happen whether you are boating for recreation or are working on a vessel.

Types of Boat Accidents

Different types of accidents can occur while boating, each with varying consequences.

  • Capsizing: When a boat overturns, passengers can be thrown into the water, leading to drowning or serious injury. Properly balancing the boat and wearing life jackets can help prevent capsizing.
  • Falls Overboard: Passengers can fall off the boat due to rough waters or sudden movements. To prevent this, boaters should ensure that everyone is safely onboard and using proper safety equipment, such as life vests.
  • Boating Under the Influence (BUI): Just like driving under the influence, operating a boat while intoxicated is dangerous. BUI laws are strict, and violators face fines, jail time, and increased liability in the event of an accident.
  • Propeller Injuries: Propeller accidents can cause serious injuries or death. These accidents usually occur when someone is in the water near the boat or when a passenger falls overboard.
  • Boating Collisions: Collisions with other boats, docks, or stationary objects can lead to significant damage and injuries. Always stay alert and practice safe navigation to avoid accidents.

Legal Rights After a Boat Accident

After a boat accident, victims have several important legal rights.

  • Right to Compensation: Victims are entitled to compensation for medical bills, lost wages, pain, and suffering. If the accident was caused by someone else’s negligence, they may be liable for these costs.
  • Right to Safety: Boats must adhere to specific safety standards, such as having life vests and emergency equipment. If a boat is found to be unsafe or improperly maintained, the responsible party can be held accountable.
  • Filing a Lawsuit: If you’re injured in a boating accident, you may file a personal injury lawsuit. It’s important to consult with an experienced boat accident lawyer to understand your options and the claims process.

Maritime Law and Workers’ Compensation

For individuals working on boats, maritime law provides additional protections.

  • Jones Act: This federal law allows injured maritime workers, such as sailors or fishermen, to file lawsuits against their employer if they are injured while working on the water. It provides more rights than typical workers' compensation laws.
  • Longshore and Harbor Workers’ Compensation Act: For those who work on docks or in harbors, this law provides compensation for injuries sustained while working on or around vessels. It ensures injured workers receive benefits for medical care and lost wages.
  • BP Claims: Following the BP oil spill, workers who were injured during the cleanup process may have legal recourse for compensation. These workers can file claims for medical treatment, lost wages, and other damages related to the spill.

Understanding these causes, types of accidents, and legal rights is crucial for both recreational boaters and those working on the water. If you've been involved in a boat accident, it's important to consult with an experienced attorney to protect your rights and secure the compensation you deserve.

Insurance and Boat Accidents

Boat insurance plays an essential role in protecting both boat owners and victims involved in boating accidents.

  • Liability Coverage: Boat insurance typically includes liability coverage, which helps pay for the damage caused to another person or their property if you are at fault in an accident. This can cover medical bills, repairs, and legal fees associated with the accident. It’s essential for boat owners to have sufficient liability coverage to protect themselves financially in the event of a collision or other incident.
  • Uninsured Boaters: If you are involved in an accident with an uninsured boater, it can be difficult to recover damages for your injuries or property damage. However, many boat insurance policies offer uninsured boater coverage, which can help cover these costs. If the responsible party lacks insurance or sufficient coverage, your policy may step in to cover medical expenses and other damages.
  • Insurance Claims Process: If you are involved in a boating accident, it’s crucial to understand how to file a claim with your insurance company. First, report the accident to the insurance company as soon as possible. Be prepared to provide all relevant information, such as photos, witness statements, and police reports. Your insurer will evaluate the damage and determine whether the claim will be paid. If the insurance company disputes the claim or offers a low settlement, consider consulting with a lawyer to ensure you receive fair compensation.

Preventative Measures for Boating Safety

Taking steps to prevent accidents while boating is essential for ensuring safety on the water. Here are some tips for staying safe and avoiding accidents:

  • Wearing Life Jackets: Life jackets are one of the most important safety measures to prevent drowning. In most states, including Florida and Alabama, wearing a life jacket is required by law for certain individuals on boats. Ensure that all passengers have a properly fitted life jacket before getting on the water.
  • Pre-Trip Safety Checks: Before setting off on your boating trip, conduct a safety check of the vessel. Inspect the engine, navigation lights, and safety equipment, such as fire extinguishers, first-aid kits, and distress signals. Ensure that all equipment is in working order and that the boat is properly fueled.
  • Boating Education: Enrolling in boating education courses can help both new and experienced boaters learn the best safety practices. Many courses cover topics such as navigation rules, safety equipment, weather conditions, and how to handle emergency situations. Taking a boating safety course can make a significant difference in preventing accidents and ensuring everyone on board understands their responsibilities.

By following these safety guidelines, boaters can reduce the risk of accidents and enjoy a safer experience on the water. Always stay alert, follow the rules, and make safety a priority when boating.

Frequently Asked Questions (FAQ)

  • What should I do if I am injured in a boating accident?
    If you're injured in a boating accident, the first thing to do is seek medical attention, even if the injuries seem minor. Get a thorough evaluation, as some injuries may not show symptoms immediately. Report the accident to the relevant authorities and gather as much information as possible, including the other party’s contact details, boat registration number, and any witness statements. Contact an experienced boat accident lawyer to help guide you through the legal process.
  • How can I prove negligence in a boat accident case?
    To prove negligence in a boat accident case, you'll need to establish that the other party failed to meet their duty of care, which led to the accident and your injuries. Evidence can include photos of the scene, witness testimony, boat maintenance records, weather reports, and any citations issued by authorities. An attorney can help you gather and organize the evidence to build a strong case.
  • Are boating accidents covered by regular auto insurance?
    No, boating accidents are not typically covered by auto insurance. Boat owners usually need a separate boat insurance policy to cover accidents. This policy can include liability, property damage, and medical payments coverage. Check your insurance policy to ensure you have adequate coverage before heading out on the water.
  • What if the person responsible for the accident doesn’t have insurance?
    If the person responsible for the accident doesn’t have insurance, you can still recover damages through your own boat insurance policy, provided it includes uninsured boater coverage. If you don’t have this coverage, you may need to file a personal injury lawsuit against the at-fault party or explore other legal avenues.
  • Can I file a lawsuit for injuries sustained in a boat accident?
    Yes, you can file a lawsuit for injuries sustained in a boat accident if another party’s negligence caused the accident. Your lawyer can help you assess the strength of your case and guide you through the process of filing a personal injury lawsuit to seek compensation for medical bills, lost wages, pain and suffering, and other damages.
  • How long do I have to file a boat accident claim in Florida or Alabama?
    The statute of limitations for filing a boat accident claim in Florida or Alabama is generally 4 years from the date of the accident. However, it’s important to consult with an attorney as soon as possible, as certain circumstances may shorten this time frame or impact your ability to file a claim.
  • Can workers on boats file for workers’ compensation if injured?
    Yes, maritime workers can file for workers' compensation under laws like the Jones Act, Longshore and Harbor Workers’ Compensation Act, or other maritime-specific provisions. Depending on the type of work you do, you may be entitled to medical treatment, lost wages, and compensation for injuries sustained while working on a boat. Consult with a maritime attorney to determine your rights and options.

Need Legal Help with Maritime Claims?
Whether you’re a worker injured at sea or in a boat accident, we’re here to help. Reach out to our team for expert legal advice and support. Call tel:(850) 695-8331  now!

  • How Much Does It Cost to Hire a Personal Injury Lawyer?

    The cost to hire a personal injury lawyer can vary between cases and firms. Many Personal Injury attorneys charge different amounts based on location and the firms’ history.

    However, many lawyers, like the Law Office of J.J. Talbott, charge on a contingency fee basis. What this means is that there are no fees or costs to hire a personal injury lawyer unless you recover a settlement. Then, the attorney fee is based on a percentage of that settlement. In Florida, the maximum contingency fee in a personal injury case is 1/3 of the recovery, pre-suit. If a lawsuit is filed, then the fee increases to 40% of the recovery amount.

  • How Long Do I Have to File a Personal Injury Lawsuit?

    In most cases, the statute of limitations requires that you file your lawsuit within two years of the date of the injury, or else you can be prohibited from recovering from the negligent party. However, this deadline may be longer or shorter depending upon a variety of factors, such as the type of negligence (medical malpractice, birth injury, product defect), the age of the victim (minor, adult), and the status of the defendant (public entity, private person).

    Two years may seem like a long time, but it can pass by quickly while you are busy with the aftermath of a serious personal injury, such as concentrating on your physical recovery; dealing with insurance forms, doctor and hospital bills, and other paperwork; and getting back to work or collecting disability. If you are talking to the insurance company about a settlement, these negotiations can drag on past the deadline for you to file a lawsuit if you are not careful, which can be disastrous to your case.

    Contacting an attorney soon after the accident will help ensure that the statute of limitations will not be overlooked, as well as handling other important matters such as notifying your insurance company in a timely fashion. Also, your lawyer will get started right away gathering important evidence and preparing your case for the best result either through settlement or verdict.

  • How Do I Know if I Have a Personal Injury Case?

    Simply being injured in an accident does not mean that you have a personal injury case. The experienced personal injury attorneys at the Law Office of J.J. Talbott are able to tell you whether or not you have a claim.

    So, How do I Know If I Have an Injury Case?

    However, generally, you must be able to prove three things to establish a case:

    (1) that another party was negligent,

    (2) that their negligence caused your injury, and

    (3) that the injury resulted in your damages.

    Depending on the facts of your case, proving negligence and causation may be complex, so it is important to consult with an attorney before making any assumptions about your injury case.

Our Services

Discuss Your Claim with a Boat Accident Lawyer

If you have questions about a boat accident or need help proceeding after a boating accident, give the Pensacola boat accident lawyers at the Law Office of J.J. Talbott P.A. a call and we will review with you, your options.

Defining a Jones Act Employee

The Jones Act clearly defines the liability of vessel operators and marine employers for the work-related injury or death of an employee. The act is designed to protect seamen from negligent vessel operators. If an employee can adequately prove that reasonable action for prevention was not taken on the vessel, then he or she is entitled to medical coverage and maintenance while off work. The experienced boating accident attorneys at the Law Office of J.J. Talbott P.A. will ensure you receive the aid you need for your losses.

Client Experiences

We Treat Our Clients Like Family
  • I really appreciated all the hard work that this law firm put in for me and how nice the people were that worked on my behalf.
    Dewitt L.
  • I was very pleased with the service and the recovery of my lost wages.
    Ann M.
  • I love you all so much. Thanks for all of your hard work! If I ever need to come back it will be you guys. Thanks.
    La Rheasa M.
  • Has always done it correctly and thoroughly. You can give complete trust to J.J. and the whole Talbott staff.
    Brian C.

What Makes Us Different?

Reasons Our Clients Love Us
  • Work Directly With Your Attorney
  • Welcoming and Laid-Back Atmosphere
  • We Always Return Phone Calls Within 24 Hours
  • We Treat Our Clients Like Family

Deepwater Horizon BP Oil Spill

The Deepwater Horizon Oil Spill accident shocked the Gulf Coast. We were concerned for our beloved beaches but also for our safety and our jobs. The cost of this oil spill is still be counted today. If you were one of the many affected by this disaster, you may be eligible for compensation. We can help you receive compensation if you:

  • Aided in Clean Up
  • Experienced Property Damage
  • Lost Tourism Revenue
  • Lost Rental Property Revenue
  • Lost Income

If you need help filing or have been denied for any of the above, contact us today to find out how to get the compensation you deserve.

Continue reading to learn more about who we are and how we can help you, or contact us now at (850) 695-8331 to schedule an appointment with our team to discuss your case. 

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Hardworking, Compassionate, A Lawyer Who Cares
Whether you’re one of the 250,000+ Floridians injured in an auto accident each year, or you’ve suffered an injury at work and your employer’s insurance company is not co-operating, the Law Office of J.J. Talbott can help get you the compensation you deserve. Founder, J.J. Talbott is among the 1% of trial lawyers in the United States who have won multi-million dollar verdicts and settlements.
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