Miami Boat Accident Lawyer | Florida Boating Accident Attorneys

Miami’s beautiful coastline and waterways make it a popular destination for boating enthusiasts, but with the high number of vessels on the water, accidents are unfortunately common. Whether you’re enjoying a day on a speedboat, sailing, or participating in water sports, a boating accident can happen in an instant—often with devastating consequences. Victims may suffer serious injuries such as fractures, traumatic brain injuries, spinal cord damage, and, tragically, drowning.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand the complexities of boat accident claims and the serious impact they have on victims and their families. If you or a loved one has been injured in a boating accident in Miami, our experienced team of boat accident lawyers is here to help you seek justice. We are committed to holding negligent parties accountable and securing maximum compensation for your medical bills, lost wages, pain, suffering, and more.

Contact us today at 305-638-4143 for a free consultation, and let us provide the legal support you need to navigate the challenges ahead.

Florida Boat Accident Statistics

According to the Florida Fish and Wildlife Conservation Commission, Florida leads the nation in boating, with over 1 million registered vessels in 2023. Unfortunately, this also means a significant number of boating accidents. In 2023, there were 659 boating accidents, with the most common being collisions with fixed objects, which accounted for 28% of accidents.

There were 56 fatal accidents, resulting in 59 deaths, with drowning as the leading cause, making up 50% of fatalities. Alcohol or drug use played a role in 23% of these deaths. Additionally, 408 injuries were reported from 283 accidents, highlighting the dangers on Florida’s waters.

Common Causes of Miami Boat Accidents

During any boating trip, operators must remain attentive, follow all waterway regulations, and navigate within the legal speed limits. Unfortunately, many serious boat accidents in Miami are caused by underage, unlicensed, inexperienced, or distracted operators who fail to follow these safety guidelines. Whether it’s an inexperienced driver, a reckless boater, or someone operating under the influence, negligence on the water can have tragic consequences.

These are some of the most common causes for boating accidents in Florida:

• Operator Inattention: Boat operators are required to remain vigilant at all times, keeping an eye on the waterway, nearby vessels, swimmers, and potential hazards. Operator inattention is one of the leading causes of boat accidents, often resulting from distractions such as talking to passengers, using a phone, or engaging in other non-boating activities.
• Boating Under the Influence (BUI): Just like driving under the influence, operating a boat while intoxicated is illegal and extremely dangerous. Alcohol or drug impairment slows reaction times, impairs judgment, and increases the likelihood of reckless or dangerous behavior. In fact, alcohol is a leading factor in fatal boat accidents across Florida.
• Excessive Speeding: Speeding on the water can be just as dangerous as speeding on the road. Excessive speeds reduce a boat operator’s ability to react quickly to obstacles, other vessels, or changing water conditions. Speeding in restricted areas, such as near docks or in no-wake zones, significantly increases the risk of collisions.
• Breaking Waterway Rules: Florida’s waterways have rules and regulations in place to protect everyone’s safety. Ignoring or violating these rules—such as failing to yield the right of way, not following navigational markers, or reckless operation—can lead to accidents and injuries. Negligent operators who disregard these safety protocols often put themselves and others in harm’s way.
• Failure to Properly Maintain Equipment: Regular maintenance is crucial to ensuring that a boat operates safely. Malfunctioning engines, broken steering mechanisms, faulty navigation lights, and other equipment failures can cause a vessel to lose control or stall at dangerous moments. Operators have a duty to inspect and repair their boats before heading out on the water.
• Hazardous Waters or Poor Weather Conditions: Florida’s weather can be unpredictable, with sudden storms and rough waters posing significant risks to boaters. Failing to check the weather forecast or ignoring warnings about rough seas can lead to accidents. High winds, heavy rain, and strong currents can make it difficult to control a boat, leading to collisions, capsizing, or accidents involving passengers overboard.

What to Do After a Boating Accident in Miami

If you or a loved one is involved in a boating accident, follow these steps to protect your health and legal rights:

• Ensure Safety: Check for injuries and call 911 immediately if anyone is hurt or missing.
• Seek Medical Attention: Even if you feel fine, get a medical evaluation as some injuries may not be immediately apparent.
• Report the Accident: Notify the Florida Fish and Wildlife Conservation Commission or local law enforcement, especially if there are injuries, fatalities, or significant property damage.
• Exchange Information: Gather names, contact details, insurance information, and boat registration numbers from all parties involved. Also, collect contact details from witnesses.
• Document the Scene: Take photos of the boats, injuries, weather, water conditions, and any other relevant details.
• Request the Police Report: Obtain a copy of the official report for your insurance claim or legal case.
• Notify Your Insurance Company: Report the accident but be cautious when speaking with adjusters.
• Consult a Boating Accident Lawyer: Contact Flanagan & Bodenheimer Injury and Wrongful Death Law Firm for legal advice and assistance with pursuing compensation.

When is a Written Boating Accident Report Required?

Under Florida Statutes Section 327.30, boating accidents must be reported if they result in injury, death, or significant property damage. If the property damage exceeds $2,000, then you must promptly report it. You should also know that property damage in this scenario includes any damage to nearby structures or personal property in addition to damage to the boats involved. There are also a few other scenarios where you must report the accident, such as death within 24 hours of the accident, a serious injury, or suspected serious injury or death. When in doubt, it’s best to report it.

Who Is Liable for a Boat Crash in Florida?

This is a question we can answer during your free case review. We will need to listen to details of your story, such as who else was involved and what you believe caused the accident. Then, we may be able to suggest parties we believe could be liable, such as another boat owner or operator, a parts manufacturer, a boating excursion company, or a property owner. More than one party could share liability for your accident depending on the circumstances. We can launch an investigation into your accident to assign liability.

Common Injuries in Boating Accidents

Boating accidents often result in serious injuries due to the lack of safety features typically found in motor vehicles, such as seat belts or airbags. Common injuries sustained in boating accidents include:

• Traumatic Brain Injuries (TBI): Head trauma is common in boating accidents, especially if victims are thrown from the vessel or struck by the boat. TBIs can have long-term effects, including cognitive impairments and permanent disability.
• Spinal Cord Injuries: High-impact collisions can cause damage to the spinal cord, leading to paralysis or other life-altering conditions. Spinal injuries often require extensive medical treatment and rehabilitation.
• Fractures and Broken Bones: The force of a collision or fall can result in broken bones or fractures, which may require surgery and months of recovery time.
• Drowning: Drowning is one of the leading causes of death in boating accidents. Victims who are ejected from the vessel and not wearing life jackets are at high risk, especially if they lose consciousness or become trapped under the water.
• Lacerations and Burns: Contact with propellers, sharp edges, or fires resulting from explosions can cause severe lacerations and burns, leading to disfigurement and permanent scarring.

Florida Laws Regarding Boating Accidents

Florida has specific laws and regulations in place to govern the operation of boats and watercraft. These laws are designed to protect boaters, swimmers, and others enjoying the water. Key Florida statutes that may apply to your boating accident case include:

Boating Under the Influence (BUI) – Florida Statutes Section 327.35

Boating under the influence of drugs or alcohol is illegal in Florida. If a boat operator is found to have a blood alcohol concentration (BAC) of 0.08% or higher, they can be charged with a BUI. Penalties for BUI can include fines, jail time, and the suspension of boating privileges.

Boater Safety Education Requirements – Florida Statutes Section 327.395

Florida law requires that anyone born on or after January 1, 1988, complete a boater safety education course before operating a motorized vessel. Failure to complete this requirement can result in fines and may be used as evidence of negligence in an accident case.

Life Jacket Requirements – Florida Statutes Section 327.50

Florida law requires that all vessels carry an approved life jacket for each person on board. Children under the age of six must wear a life jacket at all times while on a vessel under 26 feet in length. Failure to comply with life jacket requirements can result in penalties and may contribute to liability in the event of a drowning accident.

Negligent Operation of a Vessel – Florida Statutes Section 327.33

Under Florida law, it is illegal to operate a vessel in a careless or reckless manner that endangers the lives or property of others. Violating this statute can lead to criminal charges as well as civil liability for any resulting injuries or damages.

Filing a Wrongful Death Claim After a Boat Accident in Florida

Losing a loved one in a boating accident is an unimaginable tragedy. When the death is caused by the negligence, recklessness, or wrongful actions of another party, surviving family members may have the right to file a wrongful death claim under The Florida Wrongful Death Act. This legal action allows family members to seek compensation for the emotional and financial losses they have suffered as a result of the accident.

In Florida, the personal representative of the deceased’s estate must file the wrongful death claim on behalf of the surviving family members. The claim may be filed against the negligent party responsible for the accident, which could include the boat operator, boat owner, or even a boat manufacturer in the case of a defective vessel or equipment.

In Florida, wrongful death claims must be filed within two years of the date of the victim’s death, as stated in Florida Statutes Section 95.11. Failing to file within this time frame may result in the forfeiture of your right to pursue compensation. Given the strict deadlines and legal complexities involved in wrongful death cases, it’s critical to consult with an experienced attorney as soon as possible.

A wrongful death claim can help surviving family members recover compensation for a range of losses, including:

• Funeral and Burial Expenses: The cost of laying your loved one to rest can be significant, and a wrongful death claim can help cover these expenses.
• Medical Expenses: If your loved one received medical treatment before passing away, you may be entitled to compensation for their medical bills.
• Loss of Financial Support: Family members can recover damages for the income the deceased would have provided had they survived, including future earnings and benefits.
• Loss of Companionship: Surviving spouses, children, and other family members can recover compensation for the loss of the emotional support and guidance that the deceased would have provided.
• Pain and Suffering: Compensation for the emotional pain and suffering experienced by family members due to the sudden and wrongful death of their loved one.

How Our Miami Boating Accident Attorneys Can Help

A boat accident lawyer can strengthen your case, makes sure you don’t miss any important deadlines, and take care of the legal paperwork on your behalf. While you focus on healing and being with your family during this hard time, we’ll handle your boat accident lawsuit claim. We can negotiate with homeowner’s insurance companies, file personal injury claims in Miami or wrongful death claims, and talk your family through every step of the legal process.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we have extensive experience handling boating accident cases throughout Florida. We understand the complexities of maritime law, and we are committed to helping our clients recover the compensation they deserve for their injuries.

When you choose our firm, you can expect:

• Thorough Investigation: We will conduct a detailed investigation into the circumstances of your boating accident, gathering evidence to determine liability and build a strong case on your behalf.
• Aggressive Negotiation: We will negotiate with insurance companies and responsible parties to ensure that you receive the maximum compensation for your medical bills, lost wages, pain and suffering, and other damages.
• Trial-Ready Representation: If a fair settlement cannot be reached, we are prepared to take your case to court and fight for your rights in front of a judge and jury.

Why Choose Our Law Firm For Your Boating Accident Claim

Choosing the right attorney after a boating accident can make all the difference in your case. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are committed to providing the highest level of legal representation and personal attention to every client. Here’s why you should choose us:

• Experience and Expertise: Our firm has extensive experience handling complex boating accident cases throughout Florida. We understand the nuances of maritime law and the specific challenges that can arise in these cases.
• Proven Track Record: We have a strong track record of success, having recovered millions of dollars in personal injury and wrongful death cases throughout Florida. Whether through aggressive negotiation or taking a case to trial, we are committed to achieving the best possible result.
• Client-Focused Approach: We believe that every client deserves personalized attention and dedicated legal support. When you choose us, you’ll work directly with an attorney who will guide you through every step of the legal process. We choose to maintain a small caseload in order to give every case the attention it deserves.
• No Upfront Fees: We work on a contingency fee basis, meaning you won’t pay any legal fees unless we win your case. This allows you to pursue justice regardless of your financial situation.

Free Consultation With a Miami Boat Accident Lawyer

If you or a loved one has been injured in a boating accident in Miami, don’t wait to seek legal help. The team at Flanagan & Bodenheimer Injury and Wrongful Death Law Firm is here to fight for your rights and help you secure the compensation you deserve. Whether you’ve suffered injuries due to operator negligence, equipment failure, or dangerous water conditions, we are prepared to hold the responsible parties accountable.

Flanagan & Bodenheimer offers legal services to clients throughout Florida. While our main office are located in Miami, FL and Hollywood, FL, we proudly cater to a wide range of areas, including but not limited to Miami Beach, Coral Gables, South Miami, Aventura, Sunny Isles, Brickell, Key West, North Miami Beach, Boca Raton, West Palm Beach, Fort Lauderdale, Tampa, Clearwater, St. Petersburg, and others.

After a boat accident anywhere in Florida, contact our lawyers. We can seek justice and financial recovery for you or a deceased family member. Call (305) 638-4143 today for your free case evaluation in Miami.