What to Do After a Boating Accident: A Step-by-Step Legal Guide

In 2024, nearly 400 Floridians were injured in boating accidents, amounting to an average injury rate of 39 per 100,000 registered vessels. While boating might be a fun pastime for Sunshine State residents of all ages, it’s important to recognize the very real risks associated with this popular activity.

Whether you’re cruising down one of Miami’s canals or hitting the open ocean, it’s vital that you understand what to do in the event of a boating accident. Let’s take a closer look at some of the dangers associated with boating in Florida and explore the must-know steps injured boaters should follow to protect their rights after an accident.

Common boating injuries

There are more registered boats in the state of Florida than in any other state in the U.S., and Florida tops the charts in the number of reportable boat crashes that take place each year. Hundreds of Floridians and tourists suffer significant injuries as a result of boating accidents. Florida keeps close tabs on these incidents by requiring boaters to report any crashes that result in injuries that require more than standard first-aid care.

Here are some of the most common boating injuries reported to the state in the year of 2024:

• Death
• Traumatic Brain Injury
• Lacerations
• Contusions
• Broken bones
• Head injuries
• Back injuries
• Internal bleeding/organ damage
• Burns
• Sprains and strains
• Hypothermia
• Spinal injuries
• Neck injuries (whiplash)
• Teeth and jaw damage
• Loss of limb

Any of these injuries can have life-altering consequences for accident victims and their loved ones, with many conditions requiring intensive and costly medical intervention. Regardless of whether or not you were at fault for an accident, it is vital that you follow a few key steps to protect both your safety and your rights in the moments and days following a crash.

What to do after a boating accident

If you find yourself involved in a boating accident, everything you do after the crash can impact your ability to file a claim for compensation and access the care you need to recover from any injuries you suffer. Here’s what to do after an accident:

Step 1: Get to safety

First and foremost, you should always take steps to ensure the safety of all involved parties after an accident. If you are the operator of the vessel, you are legally required to stop and check on your passengers and anyone else involved in the crash. If possible, you should attempt to move to a safe location and promptly check for and remedy any additional safety risks like fuel leaks, exposed wiring, or drowning hazards.

Step 2: Call 911

If anyone is injured in the crash, you should call 911 right away. First responders can coordinate with the U.S. Coast Guard or Florida Fish and Wildlife Conservation Commission (FWC) as needed to render the aid you need. Local authorities may also respond to the scene to investigate and document the accident in the event that any illegal activities or safety violations contributed to the incident.

Step 3: Exchange information

Boating accidents are just like car accidents in that the involved parties should exchange information with one another after a crash. Make sure to exchange:

• Names
• Phone numbers
• Addresses
• Boating license information
• Vessel registration numbers
• Boat descriptions
• Insurance details

You should also make it a point to collect information from any other witnesses or passengers who can back up your version of events. Eyewitness testimony can play a vital role in a future insurance or personal injury claim, so you’ll want to have a way of getting in touch with anyone who can support your claim.

Step 4: Document the scene

Take photos and videos of the boats and vessels, property damage, visible injuries, waterway hazards, and other surrounding conditions. “A picture is worth a thousand words.” The photos and videos are much more valuable than just your recollection. Document it. This documentation can help you and your team assess the factors that might have contributed to an accident and protect against conflicting claims of fault.

Step 5: Get medical care

Even if you think your injuries aren’t that serious, it’s always best to get a medical evaluation as soon as possible after an accident. That’s because many common boat accident injuries (i.e., concussions and other brain injuries, internal injuries, neck and back injuries), can develop or worsen over time, leading to serious complications. Also, get medical care asap. That is good for you and your health and good for your case.

Step 6: Report the accident

Under state and federal law, boaters must contact 911 or the FWC directly to report any accidents involving:

• Serious injuries
• Death
• Disappearance
• Loss of a vessel
• Property damage of $2,000 or more

In most cases, federal and state law requires boaters to file a report within 48 hours of an accident, so it’s important to move quickly to avoid any unintended legal consequences. Beyond compliance, however, filing a report also creates an official record of the incident and helps protect the integrity of your future claim.

Step 7: Notify your insurance company

If you own the vessel, you should notify your insurance provider as soon as possible after a crash to get the ball rolling on your claim. As a reminder: You should aim to be polite and cooperative during these conversations while avoiding any inadvertent admissions of fault, as anything you say to representatives could be recorded and used against you.

Step 8: Consult a boating accident attorney

Boat accidents in “navigable waters”, that is, in any body of water capable of commercial activity, are governed by maritime law. Examples of a “navigable water” include all of the canals which go out to the bays, bays in Florida, mangrove areas in Florida, rivers, Gulf of Mexico, Florida Bay, Biscayne Bay, and Intracoastal Waterway.

Maritime law is a completely different set of laws than state law. This requires a specialist. When a case involves shared liability, maritime law, or other legal hurdles, a reliable boating accident attorney can help close the gaps and defend injured victims from common defense and delay tactics used by insurance companies and opposing counsel. An experienced Florida personal injury lawyer can help investigate your accident, communicate effectively with the insurer, and pursue the full value of your claim for accident-related compensation.

Final thoughts

Boating accidents usually involve maritime law. This is a specialized area of the law. Very few attorneys specialize in this area. And even fewer attorneys are Board Certified by The Florida Bar in Admiralty & Maritime Law as well as in Civil Trial.

At Hickey Law Firm, P.A., our team specializes in helping residents of Miami and the surrounding areas fight for justice in boating accidents and other personal injury cases. Whether you’re looking for clarity around the nuances of maritime law or need experienced legal counsel to represent you in a boating accident case, the team at Hickey Law Firm, P.A. can help you navigate a complex system and set yourself up for the best possible outcome in your accident claim.

John H. (Jack) Hickey is uniquely qualified for these cases. Jack is triple Board Certified:

• Nationally by the National Board of Trial Advocacy as a Trial Lawyer
• Statewide by The Florida Bar in Admiralty & Maritime Law
• Statewide by The Florida Bar in Civil Trial

Give us a call today or fill out our online contact form to schedule a free consultation with a member of our team and discover why accident victims in Miami trust Hickey Law Firm, P.A. to fight harder and smarter than anyone else in the fight for accident-related compensation.