Pensacola Boating Accident Lawyer

What Are the Florida Boating Laws?

Florida Statutes Chapter 327 and Chapter 328 codify Florida boating laws. Rules for boaters in Florida to know include:

• All boats must register with the local tax collector’s office, except for non-motorized vessels less than 16 feet in length, non-motorized racing shells or sculls, kayaks, or canoes.
• Certificates of registration must be kept on board for inspection by an enforcement officer.
• Boats must have registration numbers on the forward half of both sides of the vessel above the waterline.
• Registration decals must be renewed annually and placed within six inches fore or aft of the registration numbers on the port side.
• Boat operators involved in an accident that results in injuries requiring more than first aid, death, the disappearance of a person, or $2,000 or more in property damage, must immediately provide notice of the accident to the Florida Fish and Wildlife Conservation Commission, the county sheriff, or the local police chief.
• Operators may not leave the scene of an accident without exchanging information with all other persons involved.
• Operating a boat with willful disregard for safety or in violation of federal navigation rules constitutes a first-degree misdemeanor.
• Boats in a “minimum wake” zone must operate fully off-plane, while in a “no wake” zone, boats must operate at the minimum speed necessary to maintain headway.
• Operators born on or after January 1, 1988, must complete an approved boating safety course and obtain an identification card from the Florida Fish and Wildlife Conservation Commission.
• All boats must have U.S. Coast Guard-approved personal flotation devices of appropriate sizes for each person on board, while vessels 16 feet or longer must have at least one USCG-approved throwable Type IV personal flotation device.
• Children under the age of 6 must wear a USCG-approved personal flotation device while on board a boat under 26 feet in length underway.

Common Causes of Florida Boating Accidents

Frequent causes of boating and watercraft accidents in Florida include:

• Defective Watercraft or Parts – Defectively designed or manufactured boating equipment or watercraft can lead to an accident when the defect causes a mechanical failure.
• Inadequate Maintenance – Poorly maintained equipment on boats can also lead to mechanical failure that causes an accident.
• Boating Under the Influence – Boat operators under the influence of alcohol or drugs suffer from impaired perception, reaction time, and judgment, making it more difficult to control a watercraft.
• Reckless Operation – Reckless operation of a boat or watercraft may include speeding, disregarding warning signs or buoys, operating in unsafe areas, or overloading a boat or watercraft.
• Inadequate Lookout – Boat operators must keep an eye out for other traffic and hazards on the water, including flags or buoys indicating subsurface hazards like rocks, debris, or divers in the water.
• Operator Inexperience – Operators who lack boating experience may not know navigational rules or how to handle emergencies on the water.
• Distracted Boating – Distracted watercraft operation includes using a cell phone, drinking or eating, or interacting with passengers.
• Poor and Hazardous Weather/Water Conditions – Operating a boat or watercraft in high winds, low visibility, or high seas increases the risk of an accident.

Pensacola Boating Accident Lawyer FAQ

All successful boating accident claims begin with understanding your legal rights, what you can expect from the process, and costly mistakes to avoid. To help you do that, we’ve compiled the answers to some of the most common questions clients ask our Pensacola boating accident lawyers.

When should you report a boating accident?

You should report a boat accident immediately after it happens. Not only does Florida law require prompt reporting under certain conditions, but acting swiftly can also help you strengthen your legal claim. Report the accident right away if any of the following apply:

• Anyone suffers an injury that requires medical treatment beyond basic first aid
• A person disappears under circumstances that suggest death or serious injury
• Property damage meets the monetary threshold set by Florida Statutes §327.30
• A vessel sustains serious damage or becomes disabled

You should report the accident to local law enforcement or the Florida Fish and Wildlife Conservation Commission. Early reporting creates an official record of the collision that can prevent insurance companies from disputing your claim. 

How long does a boat insurance claim take?

The timeline of a boat accident claim depends on several factors, including injury severity, the strength of the evidence, the insurance company’s cooperation, and whether the claim goes to court.

Simple property damage claims may resolve within a few weeks to a few months, while more serious collisions involving injury often take several months. Injury cases may take longer because of the following:

• You may require ongoing treatment
• Doctors must wait until  your condition has stabilized and further improvement is unlikely
• Your attorney must calculate long-term medical costs and lost income
• Insurers frequently dispute liability or minimize damages

While many clients want a fast resolution due to the financial pressure they face, rushing a case almost always benefits the insurance company, not you. Our Pensacola boat accident attorneys can keep your case moving as smoothly as possible without compromising the outcome.

When is a written boating accident report required in FL?

Florida law requires a written boating accident report when an accident involves the following:

• A death or a missing person
• An injury that requires medical treatment beyond first aid
• Property damage that meets the state reporting threshold
• The complete loss of a vessel

Failing to file a required report can lead to penalties and complicate your injury claim. Avoid these issues by contacting the proper authorities as soon as possible.

Should I talk to an insurance adjuster before consulting a boating injury attorney?

You should always speak to a lawyer before talking to the insurance company. Adjusters employ various tactics to protect company profits, such as the following:

• Requesting recorded statements designed to limit liability
• Asking leading questions about fault
• Offering quick, lowball settlements before you understand your injuries

These tactics can weaken your claim and limit your payout. Our attorneys can handle communications with insurers to protect your rights.

My family member drowned in a boating accident caused by someone’s carelessness. What can I do?

When negligence causes a drowning, Florida law allows certain surviving family members to pursue a wrongful death claim. Compensation in these claims can include the following:

• Funeral and burial expenses
• Medical bills related to the final injury
• Loss of financial support
• Loss of companionship and guidance

The team at Cardoso Law, PLLC, approaches these difficult cases with compassion and advocates relentlessly for the justice your family deserves. Contact us today for your free, no-obligation, fully confidential consultation.