Florida is dotted with lakes and crisscrossed by rivers. Ferries offer fast access across larger bodies of water that may not be accessible by road. There are several different ferry services in the Sunshine State, some publicly operated by the government and some private.
Sometimes, a local municipality will contract a private ferry service to provide transportation for people and vehicles. While this arrangement may be efficient, it can complicate liability in a car-ferry accident.
Was your car damaged in a ferry accident? An experienced Florida car accident lawyer can help you secure the compensation you need to repair or replace your vehicle.
Public ferries in Florida
The Florida Department of Transportation oversees public ferry operations. Some of the busiest ferries include the following.
St. John’s River Ferry
St. John’s River Ferry is one of the state’s largest and busiest ferries. It connects the opposite banks of the St. John’s River, carrying people, cyclists, and vehicles up to the size of an RV (semi-trailers are prohibited). The Jacksonville Transit Authority operates the ferry.
The Cross Bay Ferry
The Cross Bay Ferry, connecting St. Petersburg and Tampa, is another large public ferry. Operation of the pedestrian and vehicle ferry is a partnership between St. Petersburg, Tampa, Hillsborough County, Pinellas County, and the Florida Department of Transportation.
Filing a suit against a public ferry in Florida
Filing a suit against a publicly-operated ferry in Florida is similar to filing a suit against the government. There are different rules for suing a government entity.
Florida laws concerning lawsuits against a government entity require you to serve a notice of claim on that entity within three years of the accident date. Filing a Notice to Serve gives the government agency 180 days to investigate the accident.
You cannot file the lawsuit before the 180 days are up. Once the government is finished with its investigation, it may either accept or deny your claim. If your claim against the government is denied, only then can you file a lawsuit.
There is also a damages cap for a government defendant. Individuals can be awarded a maximum of $200,000. Punitive damages are typically not available unless the government entity acted exceptionally recklessly or maliciously, which is rare.
Liability for privately operated ferries
Some ferry operations are government-funded but operated by a private company in a government contract role.
Liability in these cases can be more complicated than if the ferry service was strictly public or strictly private. Depending on your situation, you may file a suit against one party or both. An attorney with experience handling claims involving government contractors can help you better understand your options.
The government entity funding the ferry service may be vicariously liable for any damage caused by the private ferry operator. In this case, your options would be similar to those outlined for suing a government agency.
If the ferry is wholly privately owned and operated, your lawyer can file a suit against the company just as they would against any other non-government entity.
There are fewer limitations on suing a private company than a government entity. Your damages aren’t as strictly capped. While Florida does set a limit on punitive damages, it does not cap compensatory damages.
Legal help after a ferry accident
If you were in a car ferry accident in Florida, the attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can help you assert your right to compensation.
Call us at (561) 655-1990 for a free consultation.
