Articles Tagged with “Miami Boat Accident Law”

FWC Biscyane Bay Accident.jpgThe Florida Fish and Wildlife Conservation Commission is looking for a boater who left the scene of an accident last Sunday after his boat injured a man in Miami’s Biscayne Bay. According to law enforcement, the victim was helping the other person push their boat off and was badly cut by the propeller. The boat operator then left the scene. The victim was brought by fireboat to Sea Isle Marina and then transported to Jackson Memorial Hospital. The boat is described as white, 20 feet long with a different color Bimini top.
Continue Reading

Miami law enforcement is investigating a boat accident that sent one passenger to the hospital. It appears from facts reported from various new sources that nine people — five women and four men between the ages of 18 and 24 — were aboard a 19 foot jet-boat when it crashed into a wood piling about 8:30 PM on the night of January 24th. 911 was called on scene by one of the passengers.

The boating accident happened in Biscayne Bay several hundred feet from Sea Isle Marina near 16th Street and North Bayshore Dive. The crash caused the passengers to be thrown inside the boat. Luckily no one was ejected. A woman passenger, however, was taken to Ryder Trauma Center for her injuries. Miami-Dade Fire Rescue Captain, Ignatius Carroll stated, “The other eight people that are here on scene seem to be okay, but obviously they are very shaken up by what happened and they are being interviewed by FWC, who will determine the cause of this incident and how it could have been prevented.”

Alcohol is suspected to be involved. The boat’s operator was charged with boating under the influence after given a field sobriety test. This is another in a long string of accidents which occurred in Biscayne Bay where the operator was suspected of boating under the influence. Under Florida law, to be convicted for boating under the influence, the operator must have a blood alcohol concentration of .08 or higher.

Miami Boating Accident Lawyer.jpgBoat accidents are nothing new in Miami. Sun, fun, inexperienced operators and alcohol all play a role in both recent and past boating tragedies. After such horrific events there is a public outcry for more law enforcement and tougher laws aimed to prevent more injuries and deaths. This is a normal and well intended reaction. However, flying under the radar from public scrutiny is an over 150-year-old Federal law that allows boat owners, or should it be said the boat owners’ insurance companies, the ability to limit the amount of money damages paid to the victims of the boat accidents to the post-loss value of the vessels. This law, known as the Limitation of Liability Act, can be devastating to an already overwhelming situation. Imagine a situation where a boat passenger who one minute was enjoying a holiday weekend and the next cannot walk or the children left parentless after the accident. This statute allows the boat owners to ask a Federal judge to limit the amount they must compensate these victims to a few thousand dollars or less.
Continue Reading