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.

Yes. Overcrowded events like Boat Week or Memorial Day weekend on the Miami River and Biscayne Bay often involve out-of-state or first-time operators unfamiliar with local speed zones and manatee/no-wake areas. This can strengthen a negligence claim, but it also means evidence (witnesses, other boaters) disappears fast once the event ends — quick documentation matters more than usual.

Yes. Wake damage and injuries — from being thrown inside a vessel, falling off a paddleboard, or a smaller boat capsizing near larger traffic in areas like the MacArthur Causeway or Government Cut — are recognized negligence claims in Florida, particularly if the other operator violated a posted no-wake zone.

No, this is common. Adrenaline and cold water exposure often mask soft tissue and internal injuries immediately after a boating accident. Delayed symptoms don’t forfeit your claim, but you should see a doctor and get it documented as soon as symptoms appear, since insurers will scrutinize any gap in treatment.

Yes. Similar to a hit-and-run car accident, if you have uninsured boater coverage on your own policy, or if the vessel can later be identified through marina records, dock cameras, or FWC’s investigation, you may still recover. Reporting immediately to FWC and gathering any partial identifying details (boat color, registration numbers, direction) significantly improves these odds.