Practice Areas: Boating Accidents

Required reporting of a boating accident

As vessel operator, you are required by law to file a formal, written report of an accident. There are four conditions that require you to fill out and send in a boating accident report.

Most boat crashes require that you send a report to either the state agency regulating boats or the U.S. Coast Guard. In most states, you must file a report if the boat crash involved injuries that needed more than first aid, or if there was damage to any property above a certain amount, frequently $500. This is important. Failure to remain on the scene, provide aid, and report the accident in a timely manner is a crime. We also recommend that you report the incident to your insurance company. This is a requirement if a state or federal report was made.

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Laws Governing Boating Accidents and Liability

Along Florida’s coastal waters, recreational boat crashes are governed by state and federal laws. Florida law prevails in Florida waters; federal law prevails in coastal waters and sections of Biscayne Bay and the Intracoastal Waterway. We recommend that boating accident victims seek an attorney with a sophisticated knowledge of state and federal maritime law.

Most boat operators have a legal obligation to operate their watercraft in a safe manner. If they don’t, there may be criminal charges, and the people who were injured may be entitled to sue for damages. Boat owners also need to be careful about allowing other people to drive their boat. No matter who is driving, if the boat is in an accident, the boat owner may be liable for the damages. Boat owners need to be careful about allowing other people to drive the boat. No matter who is driving, if the boat is in an accident, the boat owner may be liable for the damages.

Legal Remedies in Boating Accident Lawsuit

If you have been injured in any kind of boat crash that was someone else’s fault, you have the right to be compensated for a wide range of things, including property damage, medical expenses, lost wages, permanent injury, and pain and suffering. In the unfortunate event that a death has resulted from your accident, you can file a wrongful death suit.

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Preparing for a Boating Accident Lawsuit

Once you have been injured, here are some things you should do to prepare for a boating accident lawsuit:

• See a doctor right away, even if you feel fine. Some injuries, particularly in the neck and back injuries, can become painful and debilitating over time.
• Start a file. Get as much information as you can about your accident and keep it on file. Key items include the names, numbers and addresses of all the people involved, including witnesses. You will also need to keep track of insurance information and the reporting process. Make copies.
• Please do not talk to anyone about your accident other than law enforcement officials. Anything you say to insurance company representatives or investigators could make it harder for you to settle your claim.
• Do not sign anything, particularly a release form, without talking to an attorney first.
• Contact a boating accident lawyer as soon as possible. There is usually a statute of limitations or a deadline for filing a lawsuit when it comes to boating accidents. That means you have a limited amount of time in which you can file a boating accident lawsuit.

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Consult a Competent Boating Accident Lawyer

A competent boating accident lawyer can make sure everything is done properly, negotiate with insurance companies and guide you through the legal process.

The firm’s members are experienced in boating and maritime law and are happy to discuss these issues with the media. Partners Charles Baumberger and Alex Reboso are all experienced boaters, and partner Steve Rossman is a veteran of the U.S. Coast Guard. 

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Notable boating/maritime cases

• $6.4 million judgment, admiralty wrongful death case
• $5.5 million verdict, admiralty wrongful death case
• $5.25 million settlement, boating wrongful death case
• $825,000 settlement, recreational boating collision