Frequently Asked Questions: Boat Accidents

A boat accident can be overwhelming, whether you are a passenger, operator, or other party involved. At Gonzalez & Cartwright, P.A., we understand the confusion and stress these incidents bring, especially when dealing with injuries, property damage, and complex maritime laws. Our dedicated team provides clear, detailed answers to your most pressing questions about what to do after an accident, how liability is determined, and the steps to claim compensation.

We are here to ensure you receive the legal guidance you need to protect your rights and seek justice.

What Should I Do Immediately After a Boat Accident?

In the chaotic aftermath of a boating accident, following these critical steps can make all the difference for your safety and legal case:

1. Ensure Safety for Everyone Involved

• • Check for injuries: Immediately check yourself, passengers, and others for injuries. If someone is unconscious or critically hurt, prioritize calling emergency services.
  • Move to safety: If the boat is sinking or hazardous, ensure everyone wears life jackets and moves to a safer location.

2. Call for Help

• • Dial 911 or use a marine radio to contact the Coast Guard for emergencies.
  • Provide clear information on your location, the number of injured people, and the condition of the vessels.

3. Report the Accident

• • Under federal law, you must report the accident to the U.S. Coast Guard or local maritime authorities if:
    • A person is seriously injured or dies.
    • Property damage exceeds $2,000.
    • A vessel is lost or destroyed.
  • Reports must typically be filed within 48 hours for serious accidents and 10 days for minor incidents.

4. Document the Accident Scene

• • Take photos and videos of the accident site, including:
    • Vessel damage
    • Injuries
    • Environmental conditions (e.g., weather, water visibility)
  • Gather contact information for witnesses and all parties involved, including insurance and vessel registration details.

5. Seek Medical Attention Immediately
   Even if injuries seem minor, symptoms like concussions or internal bleeding may appear later. A prompt medical evaluation creates an official record of injuries, which is critical for your claim.
6. Contact an Experienced Boating Accident Attorney
   Consulting Gonzalez & Cartwright, P.A. ensures you receive expert legal advice. Our team will guide you through the reporting process, evidence preservation, and filing a compensation claim.

Who Is Liable in a Boating Accident?

Determining liability in a boating accident involves identifying negligence or wrongful behavior by one or more parties. Liability may rest with:

1. The Boat Operator

• • Operator negligence: Distractions, excessive speed, operating under the influence (BUI), or failure to follow navigational rules are common causes of liability.
  • Improper operation: Inexperience or lack of proper training can lead to poor judgment and accidents.

2. Boat Passengers
   Passengers may contribute to accidents by distracting the operator or engaging in reckless behavior.
3. Other Vessels
   If another boat caused the collision, its operator or owner may be held liable.
4. Boat Manufacturers or Maintenance Providers

• • Defective equipment: Mechanical failures caused by design flaws or manufacturing defects.
  • Improper maintenance: If a maintenance provider fails to identify or fix critical issues, they could share liability.

5. External Factors
   Environmental factors like bad weather, submerged objects, or waves may influence liability, though operators are expected to exercise caution in challenging conditions.

At Gonzalez & Cartwright, P.A., we conduct thorough investigations that include accident reconstructions, interviews with witnesses, and analysis of equipment failures to establish fault and maximize your compensation.

How Do I File a Boating Accident Report?

Filing an accident report is a legal requirement in many cases. Here’s what you need to know:

When Is a Report Required?
You must file a report if:

• A person is killed or disappears.
• A person suffers serious injuries requiring medical care beyond first aid.
• Property damage exceeds $2,000 or a vessel is lost.

Steps to File the Report

1. Contact Authorities: Notify the U.S. Coast Guard or state maritime officials. Reports can often be filed online or through designated forms.
2. Provide Key Information: Include details such as:
   • Date, time, and location of the accident
   • Description of the incident
   • Names and contact information of all involved parties
   • Details about property damage or injuries
3. File Within Deadlines:
   • 48 hours for accidents involving fatalities or serious injuries.
   • 10 days for minor incidents with significant property damage.

How We Help
At Gonzalez & Cartwright, P.A., we assist clients in completing accurate and comprehensive reports, ensuring all information aligns with legal requirements and protects your claim.

What Compensation Can I Claim After a Boating Accident?

If you were injured in a boating accident due to someone else’s negligence, you may be entitled to compensation for:

1. Medical Expenses

• • Emergency medical care
  • Surgeries and hospital bills
  • Rehabilitation and therapy
  • Future medical costs for ongoing treatments

2. Lost Wages and Earning Capacity

• • Compensation for time off work during recovery
  • Lost future income if your injuries limit your ability to work

3. Property Damage
   Repairs or replacement for damaged boats, equipment, and personal items
4. Pain and Suffering
   Emotional distress, mental anguish, and physical pain
5. Wrongful Death Damages
   Funeral costs and loss of financial support for surviving family members

What Are the Most Common Causes of Boating Accidents?

The leading causes of boating accidents include:

1. Operator inattention: Distracted boating remains the top reason for collisions.
2. Operating Under the Influence: Alcohol is involved in over 50% of fatal boating accidents.
3. Excessive Speed: Boating at high speeds can make it difficult to avoid hazards.
4. Lack of Training: Inexperienced boaters often lack the skills to operate safely.
5. Mechanical Failures: Engine malfunctions or steering issues caused by poor maintenance.
6. Weather Conditions: Fog, storms, and high waves can make navigation hazardous.

Our attorneys investigate these causes to ensure liability is accurately determined.

What Injuries Are Common in Boating Accidents?

Boating accidents can lead to severe, life-altering injuries such as:

1. Head and Brain Injuries: Concussions or traumatic brain injuries from falls or collisions.
2. Spinal Cord Injuries: Damage that may cause paralysis or limited mobility.
3. Fractures and Dislocations: Broken bones from impacts or falls.
4. Burns and Lacerations: Resulting from fires, explosions, or debris.
5. Drowning and Hypothermia: Water-related injuries are often fatal without proper safety measures.

Do I Need an Attorney for a Boat Accident Claim?

While it’s possible to file an insurance claim alone, hiring an attorney significantly improves your chances of success. Here’s why:

1. Complex Laws: Maritime laws and negligence rules require specialized legal knowledge.
2. Evidence Collection: An attorney gathers essential evidence to build a strong case.
3. Negotiating with Insurers: Insurance companies often undervalue claims; a lawyer fights for fair compensation.
4. Litigation Support: If necessary, we’ll represent you in court to secure maximum damages.

How Long Do I Have to File a Boat Accident Claim?

Time limits for filing a boat accident claim vary based on:

• State Law: In Florida, the statute of limitations is generally 2 years for personal injury claims.
• Maritime Law: Federal maritime claims often have shorter deadlines.

Act quickly. Missing the deadline may bar you from recovering compensation. Contact Gonzalez & Cartwright, P.A. as soon as possible to ensure your claim is filed on time.

Can I File a Claim If I Was a Passenger in the Boat?

Yes. As a passenger, you have the right to file a claim if you are injured. Potential claims include:

1. Against the Operator: If the boat’s operator acted negligently.
2. Against Another Vessel: If another boater caused the accident.
3. Product Liability: For equipment or mechanical failures.

Passengers are often eligible for full compensation since they are rarely at fault.

Contact Gonzalez & Cartwright, P.A. Today

If you or a loved one has been injured in a boating accident, the team at Gonzalez & Cartwright, P.A. is here to help. We provide personalized legal representation to protect your rights and secure the compensation you deserve.

Don’t wait. Contact us for a free consultation and get the legal support you need today.