Florida has more registered boats than any other state, making boating, fishing, and water sports a way of life. However, negligent boat operation, intoxicated drivers, and mechanical failures can turn a fun day on the water into a serious accident. If you or a loved one was injured in a boating accident, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
At Fogg Law Group, we represent victims of boat collisions, jet ski accidents, drowning incidents, and commercial boating injuries. We hold negligent boat operators, rental companies, and manufacturers accountable.
Common Types of Boating Accidents
Collisions Between Boats
One of the most common types of boating accidents, vessel collisions occur when two boats crash due to operator inattention, speeding, intoxication, or failure to yield. These accidents can lead to serious injuries, including head trauma, spinal cord injuries, and drowning.
Boat Collisions with Fixed Objects
Many boating accidents involve vessels crashing into docks, bridges, rocks, or navigation markers. These accidents often result from poor visibility, reckless operation, or intoxicated boating.
Capsizing (Boat Overturning)
A boat can overturn due to bad weather, improper weight distribution, or sudden maneuvers. Capsizing is particularly dangerous because it traps passengers underwater, increasing the risk of drowning.
Jet Ski and Personal Watercraft Accidents
Jet skis are fast and agile, making them popular but also dangerous. Many accidents occur due to inexperienced operators, excessive speed, or failure to follow safety rules. Jet ski crashes often lead to broken bones, lacerations, and severe head injuries.
Falls Overboard
Falls overboard are a leading cause of boating fatalities. Many victims drown due to lack of life jackets, even if they were strong swimmers. Falls overboard can be caused by rough waters, sudden turns, or slipping on a wet deck.
Drowning and Near-Drowning Incidents
Drowning is one of the most tragic outcomes of boating accidents. Many drownings occur due to lack of life jackets, boat capsizing, or operator negligence. Near-drowning incidents can also lead to long-term brain damage from oxygen deprivation.
Propeller Accidents
A boat’s propeller can cause severe, life-threatening injuries if a swimmer, passenger, or water skier comes too close. Propeller accidents often occur due to operator inattention, failure to shut off the engine, or lack of proper safety protocols.
Intoxicated Boating (BUI Accidents)
Boating Under the Influence (BUI) is illegal in Florida, yet alcohol is a leading factor in fatal boating accidents. Impaired boaters have slower reaction times and impaired judgment, increasing the risk of crashes, falls, and drownings.
Mechanical Failures and Equipment Malfunctions
Defective boat parts, engine failures, or steering malfunctions can lead to serious accidents. In these cases, boat manufacturers, mechanics, or rental companies may be held liable.
Commercial Boating and Fishing Accidents
Workers in the commercial fishing and boating industries face dangerous conditions. Accidents often occur due to negligent maintenance, lack of safety equipment, or employer negligence. Injured workers may have claims under the Jones Act or maritime laws.
Who Can Be Held Liable in a Boating Accident?
Depending on the cause of the accident, multiple parties may be responsible:
- Boat Operators: Liable for reckless driving, excessive speed, intoxication, or failing to follow safety laws.
- Boat Owners: Responsible for ensuring their vessel is properly maintained and operated safely.
- Boat Rental Companies: Liable if they fail to provide safety equipment, rent to unqualified operators, or neglect maintenance.
- Boat Manufacturers: If a defective boat, engine, or part caused the accident, the manufacturer may be held liable under product liability laws.
- Marinas & Dock Owners: If hazardous docks, lack of safety measures, or poor maintenance contributed to the accident, marina owners may be responsible.
Compensation for Boating Accident Victims
Victims of boating accidents may recover damages for:
- Medical expenses – Emergency treatment, hospital bills, rehabilitation
- Lost wages – Income lost due to injury or permanent disability
- Pain and suffering – Physical and emotional distress
- Property damage – Boat repairs or replacement costs
- Wrongful death – Funeral expenses, loss of financial support for families
Florida Boating Laws and Safety Requirements
Florida law requires boat operators to follow strict safety regulations:
- Boating Under the Influence (BUI) is illegal – The legal BAC limit is 0.08%, the same as for drivers.
- Life jackets must be available for all passengers – Children under six years old must wear a life jacket at all times.
- Boaters must follow navigation rules – This includes right-of-way laws and speed limits in no-wake zones.
- All boaters born after 1988 must complete a safety course – This applies to anyone operating a vessel with 10+ horsepower.
Failure to follow these laws can lead to criminal charges, fines, and civil liability in the event of an accident.
Steps to Take After a Boating Accident
- Seek Medical Attention – Even minor injuries should be evaluated.
- Report the Accident – Florida law requires reporting serious boating accidents to the Florida Fish and Wildlife Conservation Commission (FWC).
- Document the Scene – Take photos of the damage, injuries, and weather conditions.
- Collect Witness Statements – Get contact information from passengers and other boaters.
- Do Not Admit Fault – Insurance companies may use statements against you.
- Contact a Boating Accident Lawyer – An attorney can investigate the accident, determine liability, and pursue compensation.
Florida Statute of Limitations for Boating Accidents
- Personal Injury Claims: Must be filed within two years from the date of the accident (Florida Statutes § 95.11)
- Wrongful Death Claims: Must be filed within two years from the date of death.
- Claims Against Government Entities: If a government-owned vessel is involved, different deadlines and legal procedures apply.
If you miss these deadlines, you may lose your right to compensation.
Frequently Asked Questions
- Can I sue if a rental company provided an unsafe boat? Yes. Rental companies can be held liable for failing to maintain vessels, provide safety gear, or ensure proper training.
- What if the accident happened on a commercial boat or cruise ship? You may have claims under maritime law, which has different rules than standard personal injury claims.
- Can I file a claim if I was partially at fault? Yes. Florida follows a modified comparative negligence rule—if you are less than 50% at fault, you can still recover damages.
- Does insurance cover boating accidents? Some boat insurance policies cover accidents, but many operators are uninsured, making legal action necessary.
- How much does it cost to hire a boating accident lawyer? We work on a contingency fee basis—you pay nothing unless we win your case.
Contact Fogg Law Group for a Free Consultation
If you or a loved one was injured in a boating accident, we will fight to recover the compensation you deserve. Call 1-561-616-3000 or contact us online for a free consultation.