South Florida Personal Injury Attorney

South Florida Yacht Accident Lawyer, Florida Yacht Accident Attorneys

South Florida yacht accident lawyer David I. Fuchs has over 17 years of experience in successfully representing yachting or boating accident victims, their families and friends who have sustained and suffered serious bodily injuries because of the negligence of another yacht, boat owner or party.

Most boating accidents require a report to either the state agency regulating boats or to the United States Coast Guard or both. If an operator is involved in a collision with another boat or an "allision" (which means striking a fixed object or a non-moving vessel), he or she should immediately contact the state agency regulating boats to ascertain what type of report is required, if any. A reporting requirement is generally triggered if the boating accident involves personal injury requiring medical treatment beyond immediate first aid or damage to any vessel or other property above a certain specified amount, frequently $500. Failure to remain on the scene, render aid, and timely report the boating accident to an appropriate law enforcement agency is a crime. Report the incident to your insurance company to be safe and always if a state or federal report was made.

The state Marine Patrol officers, or similar state agency officers, are law enforcement officers of that state and have all necessary police powers that would be available to other law enforcement officers such as the state highway patrols. The United States Coast Guard has jurisdiction over all American vessels within state waters and anywhere in the world. If asked by a marine patrol officer or the coast guard to give a statement following a yacht or boating accident try not to make any statement without your attorney's counsel and advice because this communication may be very important later on in your claim. Similarly, if asked by a news reporter for a comment, the most appropriate response is "no comment."

Try not to make any statement to an insurance adjuster without your attorney's counsel and advice because this communication may be very important later on in your claim. You have the right not to give a recorded statement. An appropriate response to an insurance adjuster under the circumstances would be, "I'm not ready at this time to make a statement or answer your questions." "May I have your name, your company's name, and your telephone number and I will get back with you soon." This response gives you room to breathe and time to contact an attorney.

Pleasure boat operators are subject to the same laws and rules while on navigable waters of the United States as are commercial operators. This means that a pleasure craft is subject to the same "rules of the road" to avoid collisions as is ocean-going vessels.

State laws also regulate such diverse subjects as reckless and careless operation of the vessel, the operation of personal water craft such as "jet skis" and "Sea-doos", mooring to buoys (which is prohibited), "no-wake zones", and interference with navigation. Personal water craft are vessels under the law.

In 1971, Congress passed the Federal Boat Safety Act, which established uniform standards for recreational vessel numbering and safety equipment.

The United States Coast Guard has been given the mission of establishing safety equipment requirements, construction standards, flotation and capacity standards, and similar regulations for recreational vessels.

In addition to the federal standards, the state may also supplement or add to the federal requirements. It is important to check with the Marine Patrol or similar agency in your state to obtain their guidelines.

Although the term "pleasure boat" is widely used, it is not defined by statute. Under federal law, the term of choice is "recreational vessel" which is defined as a vessel manufactured or operated primarily for pleasure; or leased, rented or chartered to another for the latter’s pleasure. Personal water craft (like a Jet Ski) are considered a vessel. However, under various state law definitions, a pleasure vessel or boat is generally defined as any vessel which is not engaged in commercial activities.

It is important to remember that the federal general maritime law supersedes all state laws concerning vessels of any type. However, the states may enact additional laws which do not conflict with the federal legislation. For example, states are allowed to regulate yacht brokers and sales persons, data systems for the registration, numbering and titling of vessels, establish collision reporting in addition to that required by United States statutes, and states may establish criminal penalties for reckless and careless operation of boats including punishment for boating under the influence of alcohol or other substances.

A chief limitation on the state’s rights to regulate boating within its territorial waters depends on whether or not there is a conflict with any federal law. In the event that there is a conflict, federal law applies.

At the present time most states have no requirement for a license for the operator of a recreational vessel. In addition, there is no federal law at the present time requiring licenses for most recreational vessel owners. Generally, the only time a pleasure vessel must have a licensed operator onboard is when the vessel is being used temporarily for a commercial service such as carrying passengers for hire or undertaking assistance towing for pay.

South Florida yacht accident lawyer David I. Fuchs will represent you for injuries that include, but are not limited to:

I) Injuries requiring surgery, sutures, staples

2) Traumatic Brain Injury, including those caused by oxygen deprivation

3) Severe burns resulting in significant and permanent scarring

4) Mental anguish and emotional distress, death

5) Those injuries caused by a collision with a boater that is drunk, impaired or otherwise under the influence of narcotics or drugs.

After a yacht or boat collision with another party it is imperative to call the coast guard, marine patrol to the accident scene, seek immediate medical treatment. It is then important to seek legal counsel to protect your legal rights by calling Florida yacht accident lawyer David I. Fuchs who will take your call and speak with you immediately about your yacht accident case. Florida yacht accident lawyer David I. Fuchs will then stand ready to fight for you to see that you get compensation for your pain and suffering, any lost wages and medical bills. 

Call South Florida yacht accident attorney David I. Fuchs Toll Free at 800-570-2858 for a free consultation to discuss your yacht accident case. You may also write to South Florida yacht accident attorney David I. Fuchs by filling out the form on the "Contact Us" page."

If you can not come to us South Florida yacht accident lawyer David I. Fuchs will send a representative to see you. We speak English and Spanish. Se habla ingles y espanol. 

Llame David Fuchs Florida abogado accidentes de yates.