Florida is known as the boating capital of the United States, boasting over one million registered vessels and countless recreational boaters who enjoy its vast coastline, lakes, and rivers. Unfortunately, this also means Florida consistently leads the nation in boating accidents. According to the Florida Fish and Wildlife Conservation Commission (FWC), there were over 700 reportable boating accidents in the state in recent years.
If you are involved in a boat crash in Florida, knowing what to do next can protect your safety, preserve your rights, and ensure compliance with state and federal laws. DeCarlis & Sawyer, Attorneys at Law, can guide you through the necessary steps, both legal and practical, following a boating accident in Florida.
1. Ensure Everyone’s Immediate Safety
The first and most important step after a boating accident is to check for injuries and ensure the safety of everyone involved.
- Stop the vessel immediately.
- Render aid to any person who is injured or in danger, as required by law. Under Florida Statute § 327.30, operators involved in an accident must provide help unless doing so would endanger their vessel or passengers.
- If anyone is hurt, call 911 or radio for emergency medical assistance.
Also, take action to prevent the vessel from sinking or drifting, if possible and safe to do so.
2. Notify the Authorities
Not all boating accidents require immediate official reports—but many do.
You must report the accident to the proper authorities if the crash involves:
- A fatality
- A missing person (under circumstances suggesting injury or death)
- An injury requiring medical treatment beyond first aid
- Property damage of $2,000 or more
Under these circumstances, you must report the accident immediately to one of the following:
- Florida Fish and Wildlife Conservation Commission (FWC): 888-404-FWCC (3922)
- Local law enforcement agency
- County sheriff’s office
- Florida Highway Patrol, if applicable
You can also use the FWC contact portal or their Wildlife Alert App to report.
Failing to report a reportable accident can result in criminal charges.
3. Exchange Required Information
Florida law requires operators to exchange specific information with others involved in the accident. The required information includes:
- Name, address, and contact information
- Vessel registration number
- Insurance details (if applicable)
- Description of the vessel
You should also collect contact details from any witnesses to the accident. Eyewitness testimony can be critical in determining fault later on.
4. Document the Scene
Thorough documentation can protect you in future legal or insurance disputes. Be sure to:
- Take photographs of:
- All vessels involved
- Any visible injuries
- Damage to boats or property
- The location and water conditions
- Document the details while the accident is fresh in your mind:
- Time and location of the crash
- What each vessel was doing before the collision
- Weather and visibility conditions
- Names of responding authorities
Having clear evidence can help insurance adjusters and legal professionals assess liability more accurately.
5. File a Written Boating Accident Report
Even if you’ve already reported the accident by phone, you may be required to file a written accident report within 48 hours or 10 days, depending on the circumstances.
According to Florida law, a written report must be submitted to the FWC within 48 hours if the accident resulted in:
- Death
- Disappearance of a person
- An injury requiring medical treatment beyond first aid
If there is only property damage over $2,000, the report must be filed within 10 days.
You can download accident report forms directly from the FWC Boating Safety and Education page.
6. Know the Legal Risks: Penalties and Liability
Failing to comply with Florida’s boating accident laws can result in severe legal consequences.
Leaving the Scene
Under Florida Statute § 327.30, leaving the scene of a boating accident without rendering aid or providing information is a criminal offense.
- If the crash involves property damage, fleeing the scene is a misdemeanor.
- If it involves injury or death, it becomes a felony, punishable by substantial fines and prison time.
Florida lawmakers recently passed HB 289, which increases penalties for hit-and-run boaters, particularly in fatal accidents. (Source)
Boating Under the Influence (BUI)
Operating a vessel under the influence of alcohol or drugs is a crime in Florida, and penalties are similar to DUI charges:
- Blood alcohol content of .08 or higher
- Mandatory fines, jail time, and boating license suspension
- Possible felony charges if injuries or death occur
7. Contact an Attorney
If the accident caused serious damage or injury or if you may be at risk of criminal or civil liability, it is wise to consult an experienced attorney. A criminal defense and personal injury law firm, like DeCarlis & Sawyer, can help if you’ve been injured due to another boater’s negligence. They can also assist with insurance claims, lawsuits, and criminal defense strategies if needed.
8. Take a Boating Safety Course
Prevention is the best defense against future accidents. Florida law requires that anyone born on or after January 1, 1988, must complete an approved boating safety course to operate a vessel powered by 10 horsepower or more legally.
You can complete a course online or in person. Once completed, you’ll receive a Boating Safety Education Identification Card.
These courses cover navigation rules, emergency procedures, and Florida-specific boating laws.
9. Stay Up-to-Date on Florida Boating Laws
Florida’s boating laws are periodically updated. New legislation, such as the Boater Freedom Act (SB 1388), protects the rights of boaters by limiting law enforcement stops without probable cause. Staying informed ensures compliance with the latest legal standards.
Stay current by visiting:
Been In A Boating Accident? Call a Gainesville Criminal Defense and Personal Injury Law Firm
Boating should be a fun and relaxing time. Getting into a boating accident can have criminal consequences and civil liability. Hiring an experienced attorney is critical. With over 25 years of experience locally, Decarlis & Sawyer can offer a strategic case evaluation and can craft a plan that gives you the strongest chance of success, whether in a settlement or a trial. Contact our Gainesville office today at 352-371-3838. Let us help you with the help you deserve.