The City of Miami Beach is just now unveiling a new venture that many people are understandably very enthusiastic about. There is a free commuter water taxi that goes from the vicinity of the Sunset Harbour to the center of Miami. Getting to the center of Miami on the MacArthur or the Venetian Causeway if there’s a lot of traffic will be a solution to many people’s prayers. Just board the vessel and enjoy the ride, without knuckles turning white from grip to the handrail and brake lights ahead.
Yet when something new arrives on the waterways, especially if it transports dozens of people each day, there is one major question most of us don’t consider until it is too late: What if you are involved in an accident on the water taxi?
If you are injured in a water taxi accident, your personal injury case may not be like others arising from a car accident. It may be more complex in some aspects and less complex in others. This is because your rights may be more powerful than you think in a water taxi accident. This is dependent on whom you can potentially sue for compensation.
New Miami Beach Water Taxi System
The service links Sunset Harbour to the downtown area of Miami with 40-foot boats that can accommodate a maximum of 55 people. The service takes place during week days when commuters are going to or returning from work. The service originates from areas such as Maurice Gibb Memorial Park and Venetian Marina and Yacht Club. The service has been marketed by the City of Miami Beach as a safe means to commute to work, thanks to its popularity during Art Week.
Despite the use of experienced boat handlers and modern boats, accidents occur. People slip and fall while alighting. Boats bump each other. Passengers lose balance due to sudden braking or wake disturbance. Equipment breaks down. And at times, accidents occur because safety procedures were not strictly observed when they should have been.
Is an Accidental Incident Aboard a Water Taxi Considered an auto accident?
One of the first questions that hurt passengers will want to know is whether an accident involving the water taxi will be handled in the same way as one involving the auto in the car accident case. Right off, the answer to the question is no. Injuries in navigable waters will almost always fall under maritime law, which will have different standards than the law applied in the auto accident. It doesn’t, however, leave you high and dry. It just means the standards will be applied in a different way. Take, for example, the issue of negligence.
When you are injured in a water taxi, the operator owes you a duty of care. This means, in lay terms, the operator of the water taxi has a duty of care to ensure the water taxi is driven in a safe manner, kept in a safe manner, comply with the relevant rules of the sea, among other matters.
Reasons that Contribute to the Incidences of Water Taxi Boat
For instance, if it was found that the customer slipped while alighting from the boat due to wet surfaces without any signs or mats provided for support, it might form the basis of neglect on the boat’s side. If the boat was speeding, with the mind on other things, leading to accidents, it might form the other reason for filing the suit. Proper maintenance neglected might bring the water taxi service into play.
Imagine this: “What if the city is involved?”
There is another twist in cases like this that involves government bodies. Since this water taxi service is an initiative of Miami Beach, there is the possibility that this service is owned, managed, or operated by the government. Filing a case against government bodies is possible. However, there is a special procedure to give notice, and the time constraints are very tight. Miss any one step, and your claim is automatically dismissed, no matter how serious your injury is.
That is why timing matters. If you are injured on a water taxi, waiting too long to ask questions will cost you your rights. Evidence disappears, witnesses scatter, surveillance footage gets overwritten, maintenance records get harder to obtain, and early investigation is often the difference it makes between a strong case and frustrating dead ends.
What Compensation is Available After a Water Taxi Injury?
They also ask if maritime law restricts what they can recover. In most cases, injured passengers can still seek compensation for medical bills, lost income, pain and suffering, and future care if the injuries are long-lasting. The idea that “you can’t sue if it’s on the water” is a myth. Maritime cases are brought every day, and where negligence is proven, injured passengers are entitled to be made whole.
Another concern that comes up often is insurance. Water taxi operators carry maritime insurance policies, which are different from the normal auto policies. These policies cover passengers’ injuries, but insurers still look for reasons to deny or downplay allegations. They can claim that it was not a serious injury, that you were not paying attention, or that it was inevitable. Not one of these excuses can or should be taken at face value, particularly when it comes to medical care and loss of work time.
It Is Not All Water-Taxi Injuries That Appear Serious at First
It’s also worth pointing out that not all injuries occur in the course of a dramatic accident. Some of the most traumatic injuries occur in the course of something that seems minor at the time. A twisted knee getting onto the boat. A sudden jolt of the boat that exacerbates a pre-existing back problem. A fall that doesn’t seem like much at first but settles later when new symptoms develop. On the boat, the factor of instability heightens the potential for injury. It is important that if anything appears after the incident but in your opinion can be attributed to an act of negligence on a water taxi that you speak to your doctors as to their opinion if the injury could have been caused on the boat and then speak to your lawyer as to your options.
What To Do If You’re Hurt on a Water Taxi
If you’re injured, it is essential that you report it. Ensure that the crew records what has happened. Request for an incident report. Take photographs if possible. Obtain contact information for witnesses. Attend to getting medical attention as soon as possible, even if you believe you’re able to shake it off.”
What the law has said is that water taxi accident claims will almost always turn on a set of details that never occur to the typical passenger. These might include: Who is the owner of the water taxi? Who is the operator of the water taxi? Has the operator been trained or licensed? Were the weather and water conditions taken into account prior to setting out?
The greater Water Transit grows, the greater the potential risks.
With Miami Beach constantly improving alternative methods of transit, including waterway transit, these questions will only become more frequent in the future. More users mean more opportunities for problems to occur. It does not matter that an alternative method of transit might be free or government-run that individuals using this transit should not be forced to pay when problems occur due to negligence.
At Suarez & Montero, we assist victims in navigating the same types of questions. Maritime law, government responsibility, and personal injury claim can be confusing, especially for someone who’s been hurt and unsure about whom to turn to. Being injured in a water taxi or any mode of transportation is something you should not be left in the dark about.
If you or a loved one have been injured in an accident, call Jaime “Mr. 786 Abogado” Suarez today to Get You Paid!