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Daytona Beach Boat Accident Lawyer 

Florida Boat Accident Attorney Serving Clients in the Daytona Beach Area 

Boating is an extremely popular activity in Florida for residents and visitors alike. Yet like other recreational activities, boating can be extremely dangerous and can result in serious injuries. Although we do not like to think about the risks associated with boating when we are out on the water or on vacation, it is important to know that accidents can happen quickly and without warning. If you or someone you love sustained serious injuries in a Florida boating accident, you may be able to file a claim for financial compensation. A dedicated Daytona Beach boat accident lawyer at The Pendas Law Firm can discuss your case with you today.

Common Causes of Daytona Beach Boat Accidents

There are many reasons that a boat accident can happen in the Daytona Beach area. According to the U.S. Coast Guard, the following are the most common causes of boating accidents and injuries in Florida and across the country:

  • Falling overboard without a properly fitted life jacket;
  • Speeding, especially at night;
  • Alcohol consumption or intoxication from drugs;
  • Lack of proper safety gear onboard in the event of an emergency;
  • Boating operator ignoring the weather, especially when inclement weather could cause a boat to crash or capsize;
  • Sinking;
  • Failing to maintain a proper lookout;
  • Boat catching fire;
  • Boat breaking down on the open water;
  • Running the boat aground; and
  • Running out of gas.

Comparative Fault in a Daytona Beach Boating Accident

What happens if a plaintiff is partially at fault for a boating accident? In other words, can a plaintiff who files a boat accident claim still recover compensation if it turns out she is partially to blame for the accident? In general, Florida’s comparative fault law (Fla. Stat. § 768.81) still allows a plaintiff to recover even if that plaintiff is partially at fault. However, the plaintiff’s total damages award will be reduced by her portion of the fault.

For example, imagine a boating accident happens because a boat operator is intoxicated and crashes into another vessel. In that second vessel, the boat operator sustains serious injuries requiring multiple surgeries and months of medical care. Accordingly, that boat operator—the plaintiff—files a boat accident claim against the intoxicated boater—the defendant. However, the defendant argues that the plaintiff is also at fault because the plaintiff was speeding in a “no wake” zone. The court determines that the plaintiff is 10 percent at fault.

Under Florida law, the plaintiff’s damages award would be reduced by 10 percent. Florida follows what is known as a “pure comparative fault” rule, which means that a plaintiff can recover whether that plaintiff is 1 percent or 99 percent at fault. In each case, the plaintiff’s damages award gets reduced by her percentage of fault.

Contact a Florida Boating Accident Lawyer

Boat accidents can be devastating. If you or a family member got hurt in a boating accident in the Daytona Beach area, you should learn more about filing a claim for financial compensation. One of the experienced Daytona Beach boat accident attorneys at our firm can speak with you about your options. Contact The Pendas Law Firm today for more information and to get started on your claim.

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  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

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  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod