After getting injured in a boat accident in Miami, one of the things every injured passenger or operator should know is that you can pursue compensation when someone else’s carelessness or unsafe operation caused your harm.
And because boating accidents can involve multiple parties, complex insurance policies, and state and federal boating laws, speaking with a Miami boat accident attorney helps ensure your rights are fully protected.
At The Morgan Law Group, our attorneys in Miami understand how often these incidents occur in Miami waterways and how important it is for injured individuals to receive fair compensation.
What to Do After a Boating Accident Injury
Thousands of boaters spend their time in Miami waters each year, from recreational vessel operators to jet ski riders and commercial tour boats. When a collision, fall, explosion, or propeller incident occurs, the steps you take immediately afterward often influence both your safety and your claim.
1. Get to Safety and Call for Help
Your first priority is stabilizing yourself and others. Move away from hazards, such as fuel leaks, fire risk, or deep water, if you lack a flotation device. Call 911 and request immediate medical assistance. Even moderate injuries may worsen without treatment.
2. Report the Boating Accident
Under Florida Statutes § 327.30, boating accidents must be reported when they involve injuries, fatalities, disappearance of a person, property damage of $2,000 or more, or when a vessel is totaled.
You may report the incident to:
- Florida Fish and Wildlife Conservation Commission (FWC)
- Miami-Dade Police Marine Patrol
- U.S. Coast Guard (for certain offshore or commercial incidents)
A formal report strengthens your claim and preserves evidence.
3. Gather Evidence When Possible
If you are able, collect:
- Photos and video of the vessels, scene, and injuries
- Names of operators and passengers
- Vessel registration numbers
- Witness information
- Any statements made by boat operators
Preserving evidence early helps establish how the incident happened and who may be liable.
4. Seek Medical Evaluation
Many boating injuries (such as concussions, internal trauma, soft tissue injuries, and spinal injuries) do not fully appear until hours or days later. Having a medical record is essential when proving damages.
5. Avoid Giving Statements to Insurance Companies Early
Insurance representatives may contact you quickly, but their goal is typically to minimize payouts. Refrain from providing recorded statements or accepting early settlements until you understand the full scope of your losses.
Who’s Liable for My Boat Injuries in Miami?
Determining liability after being injured in a boat accident in Miami is often more involved than in a vehicle collision. Multiple individuals or entities may be responsible, depending on how the incident occurred.
Operator Negligence
The most common cause of boat-related injuries in Florida involves operator misconduct, such as:
- Speeding or reckless operation
- Distracted boating
- Operating under the influence of alcohol or drugs
- Failing to maintain a proper lookout
- Violating navigational rules
Under Florida Statutes § 327.33, vessel operators owe a duty to operate their boats safely and responsibly. When they fail in this duty, they may be held liable for resulting injuries.
Boat Owner Liability
Owners who permit others to operate their vessel may still be responsible under Florida’s “dangerous instrumentality doctrine.” This applies even when the owner was not present during the accident.
Rental Companies
Miami’s rental boat industry has grown substantially.
Liability may arise if:
- A rental company failed to maintain the vessel
- They allowed a renter without proper experience or safety instruction
- They provided faulty or inadequate safety equipment
Manufacturers
If a mechanical failure or defective part (such as a faulty steering mechanism or engine malfunction) contributed to the accident, a product liability claim may exist.
Passengers
Passengers may bear partial liability if their reckless actions interfered with the safe operation of the vessel.
Other Vessels
In multi-vessel collisions, both operators may share responsibility depending on their actions prior to the crash.
Because fault is not always straightforward, injury attorneys in Miami often work with investigators, marine accident experts, and witness statements to identify every liable party and maximize compensation.
Can I File a Claim for My Boating Accident Injuries in Miami?
Once you understand who’s liable, you may file a boating accident claim for your injuries.
You can pursue compensation through:
- A boat insurance claim
- A personal injury claim
In some cases, depending on the circumstances, both insurance and personal injury claims.
1. Boat Insurance Claim
Boat owners in Florida often carry liability insurance, medical payments coverage, uninsured boater coverage, and property damage coverage. When you were injured in a boat accident, these policies may pay for your medical costs, lost income, and other losses.
You may file a boat insurance claim against the boat owner for your injuries if:
- The boat operator carried liability insurance
- You were a passenger on a privately-owned vessel
- You were injured due to another vessel’s negligence
Boat insurance claims may involve policy exclusions, disputes about coverage limits, or disagreements over who caused the accident. This is why a boat accident attorney in Miami can be crucial in negotiations.
2. Personal Injury Claim
When negligence directly caused your injuries, you may pursue a personal injury claim. Boat accident damages available may include compensatory and punitive damages.
To succeed in a personal injury claim in Miami, you generally must show:
- The defendant owed you a duty of care
- They breached that duty
- The breach caused your injuries
- You suffered damages as a result
Boating accident claims may involve state boating laws, federal maritime laws, and Florida’s negligence statutes.
Get Insights from Our Miami Lawyer After a Boat Injury
Filing the appropriate boat insurance claim or personal injury claim in Miami ensures that medical bills, lost income, and long-term consequences are accounted for.
If you were harmed on a boat, The Morgan Law Group can guide you through your next steps. Our injury attorneys in Miami can help you handle both injury claims and boat insurance claims.
Call us today at (305) 614-5235 or contact us using our online form for a free consultation about your boat injury claim at our office in Miami.