We recently obtained a $275,000 on behalf of a client whose boat was hit by another vessel while in Sarasota Bay. A boat accident requires specialized knowledge that is distinct form other types of accident cases. The first step in the case was to obtain the crash report information from the Florida Wildlife Conservation commission (FWC). After we obtained said report, we next had to determine which Court would be appropriate to bring a claim for our client’s injuries. Since, the accident occurred within 9 nautical miles from the shore to the Gulf we filed in State Court.  The lawsuit listed among other things, specified statutory violations that the defendant violated.

o   Florida Statute § 327.33(2) requires that defendants operate the subject vessel in a reasonable and prudent manner while having regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances so as not to endanger the life, limb or property of another person due to the vessel overload or excessive speed;

o   Violating Inland and International Navigation Rule 5 (33 CFR 83.05) which mandates that every vessel shall at all times maintain a proper look-out by sight and hearing as well as by means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision;

o   Violating Inland and International Navigation Rule 6 (33 CFR 83.06), Safe Speed, which mandates that every vessel shall at all times proceed at a safe speed so that he or she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions