Biscayne Bay Boating Accident Leaves 1 Dead, 1 Injured

Around 10:30 a.m. on Saturday, March 28, 2026, a boat lost control in Biscayne Bay and killed 33-year-old Claudia Balmaseda Orellanes of Coral Gables.

The driver of the 27-foot boat the victim was traveling in was 54-year-old Neil D. Schwabe from Coconut Grove. Schwabe and Balmaseda Orellanes were near the Nixon Beach Sandbar when they were both thrown into the water and then hit by the boat.

Miami-Dade Fire Rescue Units responded to a reported marine incident near Crandon Park and recovered Schwabe and Balmaseda Orellanes from the water. Schwabe was airlifted to Ryder Trauma Center at Jackson Memorial for treatment. Unfortunately, Balmaseda Orellanes did not survive.

Details on what led to the crash or the extent of Schwabe’s injuries have not been released. However, a video of the aftermath shows the boat spinning out of control with no one on board.

This is the second fatal boating accident in Biscayne Bay within a week. On March 25, a cabin cruiser struck a 7-foot inflatable dinghy carrying a father and his 14-year-old son before fleeing the scene. The father tragically died.

Florida Fish and Wildlife Commission officials are still investigating both boating incidents.

Common causes of serious boating accidents

The U.S. Coast Guard reported 3,887 boating incidents in the United States in 2024. Unfortunately this high number also included 556 deaths and over 2,000 injuries.

In the same year, in Florida alone, there were 685 reportable boating accidents, 26 more than in the previous year. Eighty-one fatalities were also reported, 22 more than the year prior. The accident and fatality increases in The Sunshine State highlight a significant concern for local boaters.

Common causes of serious boating accidents in Florida include:

• Operator negligence. When a driver speeds or drives recklessly, they put everyone else on the water at risk.
• Operator inattention or distraction. Just like driving a car, failure to monitor surroundings while operating a boat can result in tragic consequences.
• Operator inexperience. Boat operators should be able to comfortably travel through busy and congested waterways. They should also have a thorough understanding of all rules of the water, including when to yield and who has the right of way. When emergency situations arise, an experienced boat operator should know what to do to keep themselves and all passengers safe.
• Equipment failure. Sometimes, a boat or a part of a boat can malfunction, causing a serious accident.

As of now, it’s not yet clear what led to the out-of-control boat that injured Schwabe and killed Balmaseda Orellanes.

Who may be held liable in a boating accident?

Multiple parties can share fault in a Florida boating accident case, including:

Boat operator: If the driver of a boat is speeding, not paying attention to objects and people around them, or ignoring safety rules, the driver can be responsible if they get in an accident.

Driving under the influence can also affect liability. Across the country, alcohol contributed to 20% of boat accident deaths in 2024, making it the leading known contributing factor in fatal boating incidents, according to the U.S. Coast Guard.

Boat owner: A boat owner, if they let an unqualified person drive their boat and that person causes an accident, can be liable.

Rental company: If a rented boat is poorly maintained or faulty, the rental company can be liable for damages in the event of a boating accident.

Passengers: If a passenger contributes to an accident that passenger can potentially share liability.

Boat manufacturer: A defective part can cause an accident. The rigger of a boat can install an engine which is not appropriate or which is too heavy causing a boat to sink. Steering can malfunction. A propeller can break. If this happens, the manufacturer could be liable if the defect caused or contributed to the accident.

What compensation may be available to victims and families

The maritime law has joint and several liability. If someone is at fault at all, they may be responsible for the entire loss. The Plaintiff can be comparatively at fault. Damage awards are typically reduced by the victim’s percentage of fault. For example, if a victim is awarded $10 M, but was found to be 20% at fault, they would typically only recover $8 M.

Surviving victims may be able to claim compensation for the following:

• Medical expenses
• Rehabilitation and long-term care
• Lost wages
• Pain, suffering, mental anguish, loss of enjoyment of life, scarring, disfigurement, and physical impairment

The Florida Wrongful Death Act applies to deaths which occur in state territorial waters.

How a maritime lawyer can help

Boating accident claims may involve federal maritime law, depending on where the accident occurred and the legal issues involved. At Hickey Law Firm, founding attorney Jack Hickey is triple board-certified, including in Admiralty & Maritime Law, and has significant experience handling serious boating injury cases. If you or a loved one has been affected by a boating accident, reach out for specialized help today.

Contact a Miami boat accident attorney today

Preventable fatalities and injuries on Florida waterways are tragic and should be avoidable. In one case handled by Hickey Law Firm, we represent the family of a man who was run over and killed by a speeding boat. In another case, we represented two passengers of a speeding boat which hit a rock jetty and were thrown onto the rocks. The woman passenger suffered a brain injury with two brain surgeries. In another crash, two speeding boats collided off of the port of Miami. Our client, a tourist on one of the boats, was struck in the head and suffered significant and permanent brain injuries and is in a permanent fog mentally. In another case, our client, a swimmer who was clearly visible by towing a day glow orange buoy and wearing a day glow orange cap, was struck by a speeding vessel in broad daylight. The boat operator initially stopped, but didn’t go back to render aid. As a result of the accident, the woman suffered permanent injuries. This case, along with the recent fatalities of Claudia Balmaseda Orellanes and Davide Veglia, are heartbreaking.

Our hearts go out to the families of all the victims who have suffered terrible loss on the waterways of Florida.

The attorneys at Hickey Law Firm specialize in maritime injury law and proudly represent boat crash victims and their loved ones on a contingency basis, meaning there are no attorney fees unless we recover compensation in your case. Contact us today. We offer free case evaluations with dedicated maritime law attorneys.