Florida Boat Accident Injury Questions and Answers

Does the operator of a vessel involved in a boat accident in Florida have to give notice of it?

It depends on how serious the boat accident is.  The Florida Fish and Wildlife Conservation Commission states that “the operator of a vessel involved in a boating accident where there is personal injury beyond immediate first-aid, death, disappearance of any person under circumstances which indicate death or injury, or if there is damage to the vessel(s) and/or personal property of at least $2000, must, by the quickest means possible, give notice to one of the following: the Florida Fish and Wildlife Conservation Commission, the sheriff of the county in which the accident occurred, or the police chief of the municipality in which the accident occurred, if applicable.

Do I have to give aid to any persons involved?

It is unlawful for any person operating a vessel involved in a boating accident to leave the scene without giving all possible aid to the involved persons and without reporting the accident to the proper authorities.

What is reckless operation?

Anyone who operates a vessel with willful disregard for the safety of persons or property will be cited for reckless operation (a first-degree misdemeanor). Claims and lawsuits have a higher value if the at fault operator was recklessly operating their vessel (boat). This is because the jury can award punitive damages to punish the tortfeasor in addition to compensatory damages.

What is careless operation?

All operators are responsible for operating their vessel in a reasonable and prudent manner with regard for other vessel traffic, posted restrictions, the presence of a divers-down flag, and other circumstances so as not to endanger people or property. Failure to do so is considered careless operation (a non-criminal infraction).

A violation of the Federal Navigation Rules is also a violation of Florida law.

What is Idle Speed – No Wake ?

Any vessel operating in a speed zone posted as “Idle Speed – No Wake” must operate at the minimum speed that will maintain forward motion and steerage.

What is Slow Down – Miminum Wake?

Any vessel operating in a speed zone posted as “Slow Down – Minimum Wake” must operate fully off plane and completely settled in water. The vessel’s wake must not be excessive nor create a hazard to other vessels.

I was injured while on a boat. What insurance will cover my personal injury?

The at fault person’s boat liability coverage pays for bodily injury for which an insured person is legally liable. The bodily injury must be caused by an accident during the policy period and arise from the ownership, maintenance or use of the insured boat. In some states, bodily injury to a family member of an insured person is subject to a sub-limit of $25,000.

Some boat liability coverage extends liability coverage to also apply to liability arising out of the ownership or use of a tender (dinghy). Boat liability insurance policies may include an optional coverage known as medical payments that covers medical and funeral expenses for bodily injury for any person injured while in, upon, being towed by, boarding or leaving the insured boat. This coverage is primary for all other persons than family members or the name insured under the boat liability policy.

If you (or a family member) own a boat and you suffered bodily injury (while on someone else’s boat (or your boat driven by someone else) and the at fault boat is uninsured, your policy may cover your personal injury. If you are injured on someone else’s boat and the at fault driver has no insurance, the owner of the boat you were in may have an expanded option which extends this coverage to all passengers.

If you were injured by a driver of a boat who does not own the boat that he was driving, we may be able to make a bodily injury claim against his/her Non Owned Boat Liability endorsement which adds coverage for the policyholder’s liability for bodily injury arising from the operation of non-owned boats that less than 26′ in length with top speed under 51 mph. Non Owned Boat liability Coverage is excess of any other available coverage. If you were injured in a boat accident in Miami, or within Florida or nearby, contact Lawyer Justin Ziegler at 1-888-JZ-HELPS (1-888-594-3577) for a Free Consultation, Seven Days a Week, 24 hours a day.

Call 1-888-JZ-HELPS (1-888-594-3577) or e-mail Miami/Fort Lauderdale Personal Injury Lawyer Justin “JZ” Ziegler for a free consultation about your injury claim. Lawyer Justin Ziegler is available after hours and weekends. In the unlikely event that Mr. Ziegler or our staff is unavailable, please leave a voice message and Mr. Ziegler or someone from our staff will usually respond within minutes. Se Habla Español.