Miami is known for many things, including spectacular weather, incredible cuisine, and not to mention, fantastic nightlife. But perhaps one of the city’s greatest appeals is its seemingly endless number of waterways that make for amazing recreational boating trips. Eager water lovers can enjoy one of the city’s numerous bays, rivers, or even set off for a scenic cruise across the Atlantic Ocean. So what are some of the best spots for boaters in Miami? Read on to find out some of our top choices. Continue reading →
Charles R. LipconCharles R. Lipcon is the firm's founding attorney and has been handling injury, cruise line sexual assault and wrongful death claims for over 40 years. Read More »
Jason R. MarguliesJason R. Margulies is an experienced maritime lawyer and an active trial attorney handling personal injury, cruise line sexual assault and wrongful death claims. Read More »
Ricardo V. AlsinaRicardo V. Alsina is an active trial attorney, handling personal injury, cruise line sexual assault and wrongful death claims. Read More »
Michael A. WinklemanMr. Winkleman is an active trial and appellate attorney handling all personal injury, cruise line sexual assault and wrongful death claims, as well as complex business disputes. Read More »
For many of us, enjoying a relaxing day out on a motorboat, tinny, or jet ski is the ideal perfect day. When we think of going out on the open waters, whether for fishing, scuba diving excursions, or sightseeing, we don’t usually equate the activity with tragedy. Though the possibility of getting into an accident is very real, the notion that we’ll be the ones suffering a boating accident is not a very prominent one.
While recreational boating should be an enjoyable pastime first and foremost, it’s important to remember that accidents can – and often do – happen. Most boating accidents happen in the blink of an eye and can involve both experienced and novice sailors alike. Even the most prepared of boaters can become caught in a sudden storm or rogue wave, or can be the victim of another individual’s negligent actions, such as boating while under the influence of alcohol or speeding.
Because there is no guarantee that a collision or capsizing tragedy will not occur, each boating accident lawyer at our firm can attest to the fact that it is always better to live by the motto, “better safe than sorry.”
Each admiralty lawyer at our firm knows that one of the leading contributors to boating accidents is alcohol consumption. Alcohol impairs a boater’s judgment to the point that they are unable to properly and safely navigate their vessels, leading boaters to make irrational and unsafe choices while out on the water, and can also cause a boater to lose consciousness, leading them to suffer total loss of control of their vessel and to fall overboard.
While each state has its own laws when it comes to boating under the influence – and despite the fact that alcohol consumption tends to increase the frequency and severity of accidents – many continue to drink alcoholic beverages while operating or riding in vessels or water crafts. And this is not a problem limited to the United States. Sadly, alcohol appears to have been a main factor in a boating accident in Ireland earlier this year, in which a 20-year-old autistic man drowned when the vessel he was riding in capsized.
Police continue to search for evidence as to why the vessel capsized in Lough Erne last May. Six people had been sailing along the waterway aboard a motorboat when the vessel capsized and sank. Those who survived the accident said the accident was “sudden” and could not explain what could have possibly caused it. However, reports on the incident reveal everyone on the boat had been consuming alcohol and no one was wearing life jackets – two critical mistakes.
The U.S. Coast Guard and U.S. Department of Homeland Security reported over 4000 recreational boating accidents in the U.S. in 2012. These accidents collectively resulted in $38 million dollars in property damage, 3000 injuries, and 600 fatalities. Failure of the operator to pay proper attention, inexperience, improper lookout, failure of machinery or equipment, and excessive speed are the top five reasons why these accidents took place. However, among all of these causes, alcohol use is still a leading factor in recreational boating accidents in the U.S.
Admiralty law protects individuals who happen to get into accidents in U.S. navigable waters. Individuals and their loved ones who have sustained injuries or suffered a wrongful death due to recreational boater negligence often elect to contact an admiralty lawyer in order to seek compensation or reimbursement for damages and losses.
Boating accidents, like car accidents, can result in impact injuries that can lead to costly medical bills, lost wages from missed time on the job, and long-term rehabilitation expenses. Traumatic brain injuries, spinal cord injuries, and internal injuries can be difficult to treat. Traumatic brain injuries can be especially dangerous because they are not always diagnosed at the time of the accident. Memory loss, mood swings, sleep problems, and difficulty concentrating are all symptoms of mild traumatic brain injury, which can severely interfere with an individual’s ability to enjoy life and work. Spinal cord injuries and other internal injuries can lead to changes in lifestyle that are costly as well, if not death.
There are many maritime regulations in place across the United States that aim to improve safety for boaters. However, just because there are maritime laws in place, doesn’t mean they are always abided. In our last blog, we discussed the importance of waterway markers and how they serve a purpose in protecting boaters from harm. But although these markers can assist in navigation and help prevent accidents in open waters, they can also create a danger for watercraft users and passengers.
Because of this, there is a chance that a fatal North Carolina boating accident could have been caused by inappropriately installed or improperly maintained markers. Let’s take a look at how these aids to navigation can create a perilous situation for boaters.
In our last blog, our firm reported a weekend boating accident in North Carolina that claimed the life of a 17-year-old teen and left a man in his 30s critically injured. Though authorities have yet to comment on what caused the crash, what we do know thus far is that the victims were riding in a 14-foot jon boat when the vessel crashed into a channel marker piling. There are many times when an accident involving a watercraft results from the craft’s operator’s own negligence in abiding by proper maritime safety laws, and other times when factors that cannot be controlled (such as inclement weather) are to blame. However, there are times in which the very laws and tactics that are put in place to prevent boating accidents in open waters are what actually cause the accidents themselves.
Accident reports show that the victims struck a waterway marker piling, but could the actual markers have been what contributed to the crash in the first place? There’s a very real chance that they could have. Let’s explore the possibilities.
Summer is in full swing, which means that boating season is in full swing also. Oceans, lakes and other waterways are becoming increasingly congested with vessels and watercrafts, which means boaters should be exercising even greater caution than usual to stay safe. This is especially true for those who prefer to sail along narrow channels. Even when abiding by proper speed regulations, accidents can happen in the blink of an eye. Some may be caused by unforeseen circumstances, such as sudden changes in weather, while others are attributed to faulty equipment, operator distraction or intoxication. However, a recent boating accident in North Carolina has left us to wonder whether another factor could be to blame.
A Leland teenager was killed this weekend after a 14-foot jon boat he was riding in struck a channel marker piling near Blue Water Point Marina. The accident, which happened on Saturday at around 4:30 pm, also left a man in his 30s critically injured.
July 4th is often an exciting time for family and friends to get together to enjoy good times and fireworks. The view from onboard a boat can be quite spectacular, even when a person just wants to star gaze. But as your boating accident lawyer knows, even in the midst of all the beauty in the sky, tragedy can occur. That appears to have been the case this past 4th of July.
According to a recent news article, the 4th of July ended tragically for a number of family members and friends. The story noted that a 32-foot Contender that was carrying one young man’s twin sister and her friends ended up T-boning a 36-foot Carrera that held a family of eight. The crash caused the passengers in the Carrera to fall out and even knocked some individuals unconscious. Ultimately, a third boat was also caught up in the collision. Four people died as a result of the crash and three individuals were critically hurt. Accident investigators noted that the accident ranked as one of the deadliest recreational boating accidents in South Florida, and they commented that they have added alcohol as a potential contributing factor in the accident.
The events that took place that day were devastating for so many families. But the incident stands as yet another reminder of the need for boating safety and the importance for individuals to know the rules of the water.
The Boating Rules in Florida
A well-versed boating accident lawyer is aware that Florida has a number of laws and rules with respect to boating. For instance, individuals should be aware of who is permitted to operate a vessel in the state. If a vessel (including personal watercrafts) is powered by a motor that is 10 horsepower or higher, any individual born on or after January 1 of 1988 who operates the vessel must have taken and completed a boater education class that has been approved by the National Association of State Boating Law Administrators (or they must have passed an equivalency test).
Those who are required to complete the class or take the test must carry a picture identification card and a Florida Fish and Wildlife Conservation Commission (FWC) issued boating safety education ID card. As of October 1, 2011, the rules also allow for an individual to carry his or her course completion certificate that shows successful course completion in the alternative, along with a photo ID. Additionally, no person under age 14 is allowed to operate any personal watercraft in Florida on any occasion, even if he or she has a boating safety education ID card, and no one under 18 years of age will be allowed to rent or lease a personal watercraft.
Boaters should also note that it is illegal to operate a vessel at an improper speed that is greater than the posted speed. Additionally, it is illegal to operate vessels in a careless manner such that the operator fails to prevent the endangerment of one’s life, limbs or property. Also, boaters are not permitted to operate vessels beyond the maximum horsepower or load, nor are they permitted to allow individuals to ride on a raised deck, bow or gunwale of a vessel where there is a chance that the person may fall overboard.
Perhaps most importantly, the same or similar rules apply to boating as they do to vehicles as it relates to drinking alcohol. Put simply, you cannot and should drink and operate a vessel. Alcohol is the greatest danger at sea, and despite the fact that drinking and boating is very common, there are far fewer Boating under the influence arrests as there are Driving under the influence.
If you or someone you love has been injured in a boating accident, contact a skilled boating accident lawyer at Lipcon, Margulies, Alsina & Winkleman, P.A. right away.
Our maritime lawyers would like to take this moment to wish everyone a happy and safe 4th of July. Independence Day is an incredible holiday. After all, it celebrates the birth of our nation. Many of us will enjoy the holiday at home, while some of us may go out and enjoy the great outdoors. And naturally, since the holiday falls during summertime, some of the most popular activities on the 4th of July involve the water, including boating, water skiing, parasailing and kayaking.
Water activities are a lot of fun, especially on a holiday like the 4th, when beaches and lakes are packed with people of all ages enjoying the day with their loved ones. Of course, many will be enjoying alcohol and fireworks as well. Unfortunately, when you combine heavy marine traffic, drinking and fireworks, sometimes things can get out of hand. It’s important to keep safety in mind while celebrating, especially if your plans involve water sports and activities.
Statistics show that more boating accidents occur on Independence Day than any other holiday. Waterways are going to be extremely crowded, and it can be tempting to overcrowd vessels. Each state has specific maritime laws that govern water activities, including how fast vessels and Jet Skis can be operated, the minimum age of operators, how many people can ride on a boat or watercraft, etc. There are also laws regarding alcohol consumption, which can lead to boaters and watercraft operators getting charged with Boating Under the Influence (BUI).
Some people may not be aware of the fact that there are laws that govern alcohol consumption on waterways, just as there are regulations for consuming alcohol while operating a motor vehicle on land. Through not all state laws impose strict laws as far as punishment for those found guilty of BUI, it’s important to refrain from any alcohol consumption if you are planning on operating a watercraft or vessel.
In our last blog installment, we discussed a fatal boating accident that took place in the Cal-Sag Channel, near Palos Hills, Illinois on Friday night. According to police, a 19-foot pleasure craft collided with a 66-foot commercial towing barge at around 11 pm last Friday night, causing the pleasure craft to capsize. The bodies of two victims, Jeremy Muzika and Viengsavanh Bielarz, have already been recovered, but police initially believed there may have been others that were still missing as of Saturday. We have yet to learn whether or not any other victims were recovered, but as of now, only two fatalities have been recorded, and the victims had both been riding in the pleasure craft. No word on whether anyone on the barge sustained injuries.
Though investigators are still searching for answers as to the nature of the accident, there are several factors that could have contributed to the terrible crash, many of which stem from negligence.
According to one of the victims’ brothers, Greg Bielarz, the group had a tendency to “go out boating every week.” Bielarz added that the group was aware of the frequent presence of barges and noted that “things happen.” This is a rather odd thing to say given the fact that his brother (who may have also been the owner of the vessel) and his brother’s wife were on the boat.
Officials are not releasing the names of the missing boaters as of yet, but continue to hope for the best with the search.