Miami is well known as a travel destination for a variety of reasons. From its high-end shopping malls to the vibrant nightlife that has partygoers out until the wee hours of the morning, there is no shortage of things to do. However, for many that visit Miami, heading out to the iconic South Beach or spending a day out on the crystal-clear waters is at the top of their to-do list.
While most boating activities take place without incident, the reality is that accidents happen while out on the water. From boating collisions to falling overboard, it is crucial to understand how to respond in a time of crisis.
Act Fast After a Boating Accident
Boating accidents are inherently dangerous and can escalate within moments. Keeping calm and being prepared to take quick, informed action can prevent a situation from worsening. Safety on boats begins before an accident even happens. Make sure you always have a life jacket or other personal flotation device on when operating or riding on a boat.
If you are involved in a boating accident, remember the following steps:
1. Ensure Your Safety
The first and most critical step is getting to safety. Whether you are alone or with others when the accident occurs, make sure you prioritize getting yourself out of harm's way.
- Assess Surroundings and Stay Afloat: Identify immediate hazards such as strong currents, approaching vessels, or objects in the water. If you get separated from your vessel, look for something safe and buoyant to grab onto.
- Get Out of the Water: Many boat accidents occur when two vessels collide or when one vessel allides with a stationary object. If you get thrown out of your boat during a collision or allision, do your best to get to solid ground. If anyone is still on the boat, ask them to put the ladder down so you can climb aboard if it is safe to do so. If you are near land, swim towards the shore to get out of the water.
2. Assist Others if Possible
Once you are safe, assist other passengers that were involved in the accident. If other people are in the water and you are safely aboard a vessel, toss them a life ring or other flotation device. If a life jacket or life ring is unavailable, consider using cushions from the boat. These are often designed to be used as removeable flotation devices. Before you leave dry land, it is good practice to ask your captain where the life ring is located and whether the seat cushions can be used as flotation devices in case of emergency.
If you have the proper training, administer basic first aid or CPR to those in need until professional help arrives. There are laws that protect Good Samaritans in Florida, so assisting others is both encouraged and legally supported. Florida’s Good Samaritan Law (Florida Statute 768.13) allows any person, even medical practitioners, to render care in response to an emergency without risking legal repercussions.
3. Call for Emergency Assistance
Unlike land-based accidents, out on the water, there are different authorities and organizations that provide emergency services in dangerous situations.
The United States Coast Guard (“USCG”) should be contacted following a boating accident. The best way to contact them is by VHF radio on channel 16. If a VHF radio is unavailable, call 911 and let the operator know you were involved in a marine-based accident so your call can be routed appropriately. Channel 16 is a marine radio frequency designated for international distress. You can use this channel in any location around the world. If your boat does not have a VHF radio and a cell phone is unavailable, ask the nearest vessel to contact the USCG.
The USCG patrols the South Florida waters and will contact other necessary authorities to assist in your situation. An authority that the USCG will often contact in an emergency is the Marine Patrol which is a specialized operations unit of the Police Department.
Time is critical, and providing detailed information can make response times faster. Do not be afraid to give authorities details relating to your accident.
4. Document the Accident
Accurate documentation is essential, both for legal and insurance purposes. Once everyone is safe and help is on the way, gather as much information as you can about the accident.
- Incident Details: Record the time, location, weather conditions, and description of what led to the accident.
- Photos and Videos: Take clear pictures or videos of the damage, the surrounding area, and any vessels and objects involved. If you can, take a picture of the boat insurance and the hull identification number (“HIN”). A HIN is a 12-character identification code assigned to a vessel. It is important for tracking boat registration and insurance. You can almost always locate the HIN on the boat’s upper-right corner of its transom, which is the flat part in the back of the vessel.
- Witness Statements: If there are witnesses, ask for their names and contact information. It is important to obtain witnesses’ cell phone numbers, e-mail addresses, and home addresses. Witness accounts are useful during investigations or legal proceedings. Remember that Florida is a two-party consent state. This means that if you want to take video recordings of witnesses, you need to have consent from them prior to starting the recording.
5. Seek Medical Attention
Even if your injuries feel minor, it is critical to seek a professional medical evaluation. Water accidents can cause damage or internal injuries that aren’t always visible. Delayed treatment can lead to worsening conditions and gaps in injury claims.
Inform your medical provider that your injuries occurred during a water-related accident so they can document it appropriately. Be sure to keep records of all medical reports and bills.
6. Report the Accident
Under Florida Statute 327.30, boating accidents involving injury, death, property damage of $2,000+, or a missing person must be reported to the Florida Fish and Wildlife Conservation Commission, the sheriff of the county within which the accident occurred, or the police chief of the municipality within which the accident occurred.
Depending on where the accident occurred you may also need to notify the local police department or the sheriff’s office. If the vessel involved was rented, notify the rental company immediately. They may have additional reporting protocols and requirements to complete.
It is important to report accidents involving injury or property damage in a timely manner. Failing to report accidents involving injury is a third-degree felony. Failing to report accidents solely involving property damage is a second-degree misdemeanor.
7. Contact a Maritime Attorney to Better Understand Your Legal Rights
Navigating the aftermath of a boating accident can be overwhelming. Whether it's dealing with liability issues or potential lawsuits, having a clear understanding of your legal rights is essential.
Many people do not realize that accidents on the water fall under a different set of laws due to maritime jurisdiction. It is crucial that you contact an experienced maritime attorney like the team at Mase Seitz Briggs if you believe you have a legal claim. Determining fault in boating accidents can be complex, involving factors like negligence, equipment failure, or legal violations. If you believe you have claims against the boat operator, or any other party involved in your boating accident, contact us for a free case evaluation.