Miami Boating Accident Attorney

You must report an accident to the Florida Fish and Wildlife Conservation Commission (FWC) or local police immediately if it results in:

• Injury requiring medical treatment beyond basic first aid.
• Death or the disappearance of a person.
• Property damage totaling $2,000 or more.

Pro Tip: Leaving the scene of an accident involving injury or death without reporting it is a third-degree felony in Florida.

Florida Law generally applies to accidents on “non-navigable” landlocked lakes or accidents where the state has specific jurisdiction. Maritime (Admiralty) Law typically applies if the accident occurred on “navigable waters” used for interstate or international commerce. This includes most of Miami’s coastal waters.

Yes. Florida follows a “Modified Comparative Fault” rule. You can recover damages as long as you are 50% or less at fault. Your total compensation will be reduced by your percentage of fault. For example, if your total damages are $100,000 but a judge finds you were 20% responsible, you would receive $80,000.

Liability can extend to several parties depending on the cause:

• The Boat Owner: Even if they weren’t driving, they can be held liable for “negligent entrustment” (letting an unqualified person drive) or poor maintenance.
• Rental Companies: If they failed to provide safety briefings or rented out an “unseaworthy” vessel.
• Manufacturers: If a mechanical failure (like steering or engine fire) caused the crash.
• Commercial Operators: Yacht charters and tour boats are held to a higher “common carrier” standard of care for their passengers.