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The lifestyle of this South Florida city revolves around the sea and aquatic activities, such as jet skiing. It is common to see many individuals aboard these vehicles along various coastal areas, enjoying the blend of fun and adrenaline they provide.
However, sometimes a good time can end in the worst possible way if an accident occurs. These accidents can cause serious injuries to victims due to the high speed of jet skis and the relatively little protection their riders use, in addition to the force of the impact against the water. If, unfortunately, you have experienced something similar, it is important to see a doctor as soon as possible and consult with a jet ski accident lawyer in Miami.
Water sports are incredibly popular in areas like South Beach, Biscayne Bay, or near Brickell and Downtown, increasing traffic and the chances of unfortunate collisions.
Amongst these, the peculiar nature of the navigable areas themselves, such as strong currents near bridges and canals, are probably the most common, the large volume of ships and cruise liners adds to the possible accidents which cause severe injuries amongst those involved.
The constant increase in tourists who are unfamiliar with local conditions and lack basic skills to operate the vehicle is another frequent risk.
Jet ski accidents can be caused, most of them related to weather conditions, reckless driving, and lack of experience. Other causes may include:
Any of these experiences can be terrifying for victims, as collisions with another jet ski or the water can cause serious physical and emotional traumas, such as fear of using a jet ski again or motor disabilities.
In any incident involving one of these jet skis, it is common for more than one party to be responsible, which means that to obtain fair compensation, you will definitely need the support of an experienced jet ski accident lawyer who knows how to investigate the incident and determine the degree of blame of those involved. In most common cases, negligence can come from:
Florida has very strict and specific regulations to ensure the safe use of jet skis. In general, these laws set speed limits, age restrictions for operating jet skis, and restricted areas due to the presence of protected animals and swimmers.
These same laws include certain limitations regarding the options to file claims for possible negligence. These involve legal and contractual factors such as the terms of the rental agreement and the person operating the jet ski at the time of the incident.
However, each of these elements has exceptions and very specific conditions that can vary from one situation to another, which is why it is vital that if you are involved in such an accident, you seek legal advice as soon as possible to protect yourself and evaluate your options.
The claim, which must be filed within the three-year statute of limitations, ensures that you obtain justice and fair compensation for medical expenses incurred at the time of the accident and during your recovery, for property damage, for lost wages due to temporary or permanent disability, and for emotional damages.
Short-term injuries following a jet ski accident include cuts and bruises, usually caused by impacts with the water, other vehicles, or parts of the jet ski itself; muscle injuries from sudden movements or falls; minor fractures; friction burns; and mild concussions caused by being hit on the head.
As for more serious and long-lasting injuries, we can mention spinal cord injuries, partial or total paralysis, and traumatic brain injury as a result of a severe blow to the head, which can also affect motor skills. Pneumonia, loss of limbs, and non-fatal drowning are also frequent outcomes.
Severe fractures in the pelvis, spine, and skull, as well as internal organ lacerations, are possible in such incidents, especially if the jet ski was traveling at high speeds. The psychological impact of such an event must also be considered. Affected individuals often experience severe anxiety episodes, post-traumatic stress, and even extreme fear of water.
The attorneys at Gallardo Law Firm have broad experience with various cases of jet ski accidents. With the resources to investigate each circumstance, the involvement of different parties, and the specifics of local laws, some common claims we are asked to handle include:
The challenges of the legal process come from the insurance companies of the parties involved in the case. Their job is to pay as little as possible, and they may resort to several tactics, including trying to convince you that your claim is weak because you signed a contract agreeing to assume the inherent risks of operating a jet ski.
However, liability waivers have exceptions that our attorneys can use to demonstrate the validity of your case and fight for fair compensation to restore your quality of life and your financial stability.
Unlike cars or other motor vehicles, jet ski owners in Florida aren’t required to carry mandatory insurance, although it's a good idea to have a policy. Jet skis renting companies must have insurance to cover any potential issues, due to the risks associated with these activities.
The most common policies in the state are those that protect against civil liability for third-party damages, whether material damages or personal injuries. Similarly, protection can extend to specific coverage in cases of collisions, theft, or vandalism against your jet ski or if you are harmed by uninsured vessels.
It is important to know the details of your insurance policy in the event of a jet ski accident, including the requirements under which it comes into effect, exceptions, and other specific guidelines; this way, you can be prepared to understand if your insurer denies your claim and how to appeal that decision based on the specific circumstances of your case.
Common justifications used by insurance companies to deny your claim include errors in the documentation submitted, exclusions specified in the policy, and disputes over the responsibility of each party involved in the accident. If you find yourself in this situation, your attorneys can first request a written explanation detailing the reasons for the denial, as well as review the policy again to find possible solutions and present additional evidence to support your claim, such as photos, video recordings, or police reports.
These situations can get more complicated if the collision involves an uninsured vessel. In such cases, it’s best if your own policy includes coverage for this type of driver. If it doesn't, your best option is to sue the operator, although getting your money back will depend on their financial ability.
Liability waivers are legal documents that protect jet ski rental companies from potential actions against them in the future if one of their customers is injured in an accident while using the jet ski. Their content usually describes the risks inherent in this recreational activity and the renter's responsibilities precisely to absolve the company of any ordinary liability.
In Florida, these waivers are valid as long as they are clearly and legibly written and do not include concessions for serious injuries or intentional negligence. It is not mandatory to sign the waiver, but most companies operating these recreational vessels will not allow you to rent them otherwise.
It’s advisable to read each paragraph before signing the document and to be aware of when it becomes invalid, such as if the company failed to perform proper maintenance on the jet skis, leaving them defective, or if they didn’t ensure that operators had access to life jackets and proper training on navigation rules.
Proving the negligent behavior of other parties involved in your jet ski accident is vital to establishing liability and claiming compensation for your financial, physical, and emotional damages. It is also a particularly complex part of the legal process, as very specific maritime laws apply that, if violated, can serve as strong arguments when filing a claim.
If you have the support of Gallardo Law lawyers, we can help you stress the irresponsible actions of the other party that caused your mishap. To do this, it is essential to prove that:
Some of the most common examples of negligence in a jet ski accident are operating at excessive speeds or performing dangerous maneuvers, failing to follow navigation rules, or driving under the influence of alcohol or narcotics. If the rental company did not provide you with adequate instructions, it is also failing in its duty of care.
The most common legal mistakes in a jet ski accident case involve not seeking medical care immediately and failing to hire the most competent legal representation to handle your claim against the operator, the rental company, or another negligent party.
In the first case, the consequences may affect your health, that is, your prompt recovery and the care your injuries need, even if they are not immediately visible. Likewise, it can negatively impact your claim by reducing the chances of having updated medical records of your injuries.
The second mistake can leave you vulnerable to pressure from insurance companies to accept their first offer, without considering its low value or the real opportunities to secure fairer compensation that properly reflects your damages.
At Gallardo, we understand that after the accident, you feel overwhelmed and probably unsure of how to act to protect your rights. With our legal advice, you can not only avoid these legal mistakes but also prevent others that may jeopardize your recovery and the restoration of the financial security you had before the incident.
Each of our attorneys builds a relationship with their clients based on empathy and familiarity. Our priority is your well-being from the most humane perspective possible, which is why we understand that, beyond the difficult financial situation you are in, you have the right to receive the highest level of legal representation.
Through our contingency fee approach, we align our success with yours and only charge you when we win your case.
We also assure you of complete transparency. From the very beginning, you will know the legal costs and any additional expenses that may arise during the process. Of course, none of this will come out of your pocket until we obtain the compensation you deserve.
Riding a jet ski seemed like an incredible option to have fun and enjoy the adrenaline, the beauty of the city’s coastline, and a recreational activity you may have never tried before. However, in the blink of an eye, everything took a 180-degree turn, and you were hit by another vessel whose operator was not paying attention to the rules.
Now, you find yourself with serious injuries, perhaps a concussion or a fractured leg that prevents you from working. Faced with the possibility of suing the person responsible for your accident, you feel uncertain and unsure of what to do to strengthen your claim.
You can also count on us for guidance from the very beginning. Here are some initial steps you can take:
The reason we emphasize so often that time is crucial after a jet ski accident is precisely so that it becomes an ally, not an obstacle, in your legal process. Now is the time to act, as the fight for your compensation starts today. It's just a matter of picking up the phone and reaching out to us to schedule a consultation as soon as possible, completely free of charge.