Causes of Boating Accidents
Although boating accidents may be caused by faulty equipment, most boating crashes are caused by human error. Some of the most common causes of boat collisions in Florida include:
- Distractions
- Reckless vessel operation
- Speeding
- Boating under the influence (BUI)
- Inexperience
- Failing to prepare for bad weather
Boating Accident Injuries
The Florida Fish and Wildlife Conservation Commission’s annual Boating Accident Statistical Report consistently records more boating accidents in Florida than in any other state, typically more than 600 reportable accidents and dozens of deaths a year. Falls overboard and collisions are the leading fatal scenarios, and alcohol is a factor in a large share of them. Some of the most common injuries include:
For those involved in this type of accident, they may also develop psychological issues such as anxiety, depression, and post-traumatic stress disorder. For those living in Florida, these psychological injuries can be much more devastating as they may often pass by the location where their injuries occurred.
Even if injuries seem minor, seeking medical attention right away is advisable. Often an injury may be underestimated and the accident injury can later cause continued pain, further injuries, and more financial burdens. Contacting a boating accident lawyer can help you begin the claims process to obtain the compensation you deserve as quickly as possible.
Types of Accidents We Handle
FWC statistics consistently show personal watercraft involved in a large share of reportable boating accidents. Water ski accidents, capsized watercraft, and collisions with other boats were also common types of boating collisions. As Florida is a top tourist destination, there are many opportunities for visitors to rent vessels such as jet skis, kayaks, and paddleboards.
How a Boating Accident Lawyer Can Help
If you were aboard a private boat, the operator’s insurance may cover some of the damages. However, the claims process may be long and complex. For those who have never had to file a claim for a boating accident, you may have questions about the claims process. A knowledgeable boating accident lawyer can guide you through filing and pursue a claim against the negligent operator that caused the accident or your injuries. A boating accident attorney can also:
- Research the history of operator
- Research history of the vessel, such as other violations or accidents
- Determine if the area was unsafe
- Investigate the scene of the crash
- Interview witnesses or obtain video footage (if applicable)
- Review medical records
- Contact expert witnesses
After this type of accident, your priority should be recuperating from your injuries, not dealing with insurance companies who are making it difficult for you to obtain the compensation you deserve.
Florida Boating Laws and Your Injury Claim
A few Florida-specific rules shape boating injury cases.
- No insurance requirement. Florida does not require boat owners to carry liability insurance. Many responsible owners have it, often through a homeowner’s or specialty marine policy, but identifying every policy in play, whether the operator’s, the owner’s, a rental company’s, or a charter’s, is where these cases are won or lost.
- Boating under the influence (BUI) is a crime with the same 0.08% limit as DUI (Fla. Stat. § 327.35), and evidence that the operator was intoxicated can help support a claim for punitive damages, which Florida allows only on a showing of intentional misconduct or gross negligence (Fla. Stat. § 768.72).
- Accident reporting is mandatory. Operators must report an accident that involves a death, a person missing under circumstances that suggest death or injury, an injury needing medical treatment beyond first aid, or property damage of at least $2,000, to FWC, the county sheriff, or local police (Fla. Stat. § 327.30), and the official accident report anchors the liability investigation.
- Rental and charter companies owe their own duties: required safety equipment, basic instruction, and seaworthy vessels. When a rented jet ski or pontoon is involved, the rental operation is often a defendant alongside the operator. Injured on a rented jet ski? See our jet ski accident page.
- Where the accident happened matters. Incidents on navigable waters can fall under federal maritime law, which changes deadlines and damages rules. This is a trap for the unrepresented, so have a lawyer classify your claim early.
Contact a Boating Accident Attorney
The team at Weinstein Legal Team is ready to help anyone who has been injured in a boating accident. We can determine who should be held liable for your losses and file a claim on your behalf. You must contact a personal injury attorney as soon as possible, since failing to file within the statute of limitations may prevent you from recovering compensation. In most cases you have two years from the accident (Fla. Stat. § 95.11), and if your claim falls under federal maritime law the period is generally three years for personal injury and wrongful death (46 U.S.C. § 30106), although some maritime rules and passenger ticket contracts set shorter deadlines, so get advice early.
Frequently Asked Questions About Florida Boating Accidents
Who can be held liable for a boating accident?
Potentially several parties: the operator who was careless, the boat’s owner even if they were not aboard, a rental or charter company, a negligent maintenance provider, or the manufacturer of a defective vessel or component. Passengers injured on a friend’s boat usually recover from an insurance policy, not from the friend personally.
What if the boat operator wasn’t insured?
Florida does not require boat liability insurance, so this happens often. We look for every alternative source: the owner’s marine or homeowner’s policy, a rental company’s commercial coverage, umbrella policies, and personal assets in serious cases.
How long do I have to file a boating accident claim in Florida?
Generally two years from the accident under Florida law, but maritime claims generally carry a three-year period, and some maritime rules and ticket contracts shorten it, and claims against rental companies should be investigated while GPS logs, rental agreements, and witness lists still exist. Treat the deadline as now.
