From Biscayne Bay and Haulover to the Intracoastal Waterway and the canals of Fort Lauderdale, South Florida’s waters are some of the busiest in the country. When a careless operator, a charter company, or a rental business causes a crash, the injuries can be severe and the rules can be different from a car accident. Boat accident lawyer Tomas Robirosa helps injured passengers, swimmers, and families in Miami-Dade, Broward, and Palm Beach counties understand their rights. Se habla español.
What to Do After a Boating Accident
Get medical care right away and keep every record of your treatment.
If you are able to do so safely:
- Make sure the accident is reported. Florida law requires operators to report accidents involving death, disappearance, an injury requiring treatment beyond first aid, or at least $2,000 in property damage. The Florida Fish and Wildlife Conservation Commission (FWC) or other agencies may investigate.
- Get the names, contact, and insurance information of the operator, the boat owner, and any rental or charter company.
- Photograph the vessels, registration numbers, the location, weather and water conditions, and your injuries.
- Get the names and phone numbers of other passengers and witnesses.
- Keep any rental agreement, ticket, or waiver you were given.
- Do not give a recorded statement to any insurance company before speaking with a lawyer.
Types of boating accidents we handle
- Collisions between boats and with docks, channel markers, or sandbars.
- Passengers thrown overboard or injured by sudden turns and wakes.
- Jet ski and personal watercraft (PWC) crashes, including rentals.
- Swimmers, divers, and snorkelers struck by boats.
- Charter, party boat, and fishing boat injuries.
- Injuries on docks and at marinas.
Common Boating Accident Injuries
- Head and brain injuriesFalls on deck and ejections can cause serious head trauma.
- Near-drowning injuriesBeing thrown overboard can cause lung and brain injuries.
- Propeller and impact injuriesSwimmers and divers struck by boats can suffer severe cuts and fractures.
- Back and neck injuriesHard impacts with waves and wakes can injure the spine.
Florida and Maritime Law in Boat Accident Cases
Common causes of boating accidents
- Operator inattention, inexperience, and improper lookout.
- Excessive speed and reckless or careless operation.
- Boating under the influence of alcohol or drugs.
- Poorly maintained boats and equipment failure.
- Rental companies that do not properly instruct or qualify renters.
Florida boating rules
Florida law prohibits reckless and careless operation of a vessel and operating a vessel under the influence. Operators born on or after January 1, 1988, generally must complete an approved boating safety course to operate a vessel of 10 horsepower or more. Businesses that rent boats and personal watercraft have their own safety and instruction requirements. A violation of these rules can be important evidence of negligence.
When federal maritime law applies
Accidents on navigable waters may be governed by federal maritime law, which has its own rules on liability, damages, and deadlines. Many maritime personal injury claims must be filed within three years. Cruise line tickets often require written notice within months and a lawsuit within one year.
Who may be responsible
Depending on the facts, responsibility may fall on the boat operator, the owner, a rental or charter company, a marina, or a manufacturer. Florida uses modified comparative negligence for most state-law claims, while maritime law has its own comparative fault rules. We look at the facts to determine which rules apply to your case.
What compensation may be available
Depending on the facts, an injured person may seek medical expenses, lost wages, pain and suffering, and other losses the law allows. When a boating accident is fatal, the family may have a wrongful death claim.
How We Handle Your Case
- Step 1Free consultationWe listen to what happened, answer your questions, and explain your options in plain language, in English or Spanish.
- Step 2InvestigationWe gather the police or incident report, photos, video, witness statements, and every insurance policy that may apply.
- Step 3Documenting your lossesWe organize your medical records and bills, lost income, and other losses so nothing is overlooked.
- Step 4Negotiation or lawsuitWe present your claim to the insurance company and negotiate. If a fair resolution is not offered, we are prepared to file suit.
Frequently Asked Questions
Who is responsible for a boating accident in Florida?
It depends on the facts. Responsibility may fall on the boat operator, the boat owner, a rental or charter company, a marina, or a manufacturer if a defect caused the accident.
Do boating accidents have to be reported in Florida?
Florida law requires the operator to report a boating accident to law enforcement without delay when it results in death, disappearance, or an injury requiring treatment beyond first aid, or when property damage reaches at least $2,000.
How long do I have to file a boat accident claim?
It depends on where and how the accident happened. Many maritime personal injury claims have a three-year deadline, while other claims follow Florida’s two-year negligence deadline. Cruise line tickets often require written notice and a lawsuit much sooner. Talk to a lawyer as soon as possible.
Does my car insurance or PIP cover a boating accident?
Generally no. Florida’s PIP law applies to motor vehicle accidents. Compensation after a boating accident usually comes from the boat owner’s or operator’s liability insurance, a rental or charter company’s coverage, or other policies that may apply.
Can I speak to the lawyer in Spanish?
Yes. Tomas Robirosa and our team speak Spanish and English.
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