Boating Accidents in Florida – Staying Safe on the Water

Floridians enjoy beautiful weather and a multitude of outdoor activities year-round, including boating. In fact, Florida leads the U.S. in water vehicle ownership. Unfortunately, Florida also leads the country in the number of boating accidents annually with 16.8% of all boating accidents in the U.S. occurring in Florida.

Common Types of Boating Accidents

Collision with recreational vehicles, crafts, or persons – Jet skis, Waverunners, para-sailers, snorkelers, canoes, kayaks, and other recreational vehicles and crafts are often sources of boating accidents. Whether it be missing signals, inability to quickly avoid the object or decreased visibility, boat interactions with other recreational vehicles can cause serious injuries to those involved.

Grounding – Grounding is the impact of a boat on a seabed or waterway side. Grounding can be intentional when beaching to land a crew or cargo, or for repairs. However, unintentional grounding is considered a marine accident and is often referred to as “running aground.” Running aground can lead to physical damage to the boat and in some cases injury to the passengers.

Boat operator errors – Boat operator errors can be caused by a multitude of things, such as distractions, inebriation, and inexperience. When proper protocol is not followed it can lead to dangerous situations and potentially fatal boating accidents.

Flooding and swamping accidents – Flooding and swamping are when the boat fills with water. This can happen due to engine malfunctions, inclement weather, or improper plugs and seals.

Collision with a fixed object – A fixed object could be things like a dock, a buoy, or a sign. Typically these types of boating accidents involve driver inexperience, driver distractions, or driving under the influence.

The causes of these boating accidents vary. Even variables that drivers have no control over like equipment failure and adverse weather/water conditions can be the cause of a boating accident and serious injury.

What to do after a boating accident

The first priority after a boating accident should be to assess the damage and injuries (including your own) and make sure no one has fallen overboard. After that, ensure everyone on board is wearing a life jacket, if they were not already. This is especially important if the boat appears to be damaged or if any flooding/swamping has occurred. If possible, drop anchor in order to focus on the needs of everyone on board and make sure the boat won’t drift into further trouble.

Once the situation has been assessed, call for help. If cell reception is available, call 911. If VHF radio is all that is available, make a distress call. Both of these actions will alert the nearest emergency service providers that aid is required. However, radio calls have the added benefit of being heard potentially by other boaters that can help with the accident.

Gathering information and reporting the boating accident

Next, you should gather information and record any important details from the incident. If the boating accident involves another boat or recreational vehicle, take down the information of the other vehicle’s operator as well as details about the craft. Also, be sure to get the information of any potential witnesses to the boating accident.

Information to gather at the accident scene includes:

• Names, addresses and telephone numbers of the boat operators and passengers involved in the accident. Also, any eyewitnesses who may have seen the accident from shore or from another vessel.
• Registration or identification number of the other vessels or details about the crafts involved in the boating accident.
• Insurance company names and policy numbers of those involved in the accident.

Taking pictures of the scene and the damage to the boat or craft is also crucial as this can help clarify details of the boating accident.

Making insurance claims and finding representation

After a boating accident, it is essential to report the incident to your insurance carrier if you owned or operated one of the vehicles involved. Just as in a car accident, persons are at fault for a boating accident. Regardless of who is responsible for the accident, notifying your insurance company that an accident occurred is important as a claim for damages may be necessary.

If you are involved in a boating accident where the operator of another boat was negligent and you were injured, you may be entitled to compensation. While typically liability for boating accidents is civil and the compensation is monetary, those persons who cause boating accidents may also face criminal liability. Victims of a boating accident may sue the responsible party for property damage, medical expenses, and other losses they have incurred as a result of the accident. Additionally, the state may bring criminal charges against a boater if the driver caused an accident while intoxicated, operated their vessel recklessly, or with gross negligence. If you are involved in an accident and you were injured, it is crucial to reach out to an experienced boating accident lawyer. These lawyers will have experience in personal injury cases and can help you gather information for your claim. They will also be able to ensure your rights are upheld.

Similarly, if you, or someone on your boat, was the cause of the boating accident, you and the associated person may be liable. It is important to prepare yourself for any charges that may be brought against you. An experienced criminal defense attorney can assist you in gathering the details of your case. Be sure to find representation that has experience in boating accidents to guarantee the proper steps are taken.

The Gainesville attorneys at Avera & Smith are well-versed in boating accidents. On both sides of the courtroom, Avera & Smith attorneys can provide you with knowledge, care, and genuine service. If you or someone you know was involved in a boating accident, contact us or schedule a free consultation today.