Salt life enthusiasts in Florida enjoy an abundance of options for boating, swimming, fishing and diving. Florida’s lengthy coastline, warm weather and many lakes and rivers create the perfect environment for water activities.

Many people engage in boating all year round, but not everyone takes the proper precautions to stay safe on board. With the endless boating opportunities comes the risk of accidents and injuries. If you’ve been involved in a boat accident because of someone else’s negligent actions, you may be able to recover damages for your injuries.

Common Types of Boating Accidents

Many things can go wrong on the water, including boats striking another boat, a submerged rock or a pier or jetty. Boats are also susceptible to crashing into tall waves or another boat’s wake. Many waterways have “no wake” zones, meaning boaters must adhere to strict speed limits to minimize their wake. However, not all water areas have these zones or are able to prevent unruly boaters from speeding.

How to Prove Fault in a Boating Accident

According to Florida law, if you suffered personal injuries because a boat operator was negligent or reckless, you’re entitled to compensation for the injuries, expenses and loses you endured.

Proving negligence can be complicated in boating cases, especially if physical evidence is sparse. However, if you can show evidence that the alleged at-fault party engaged in careless behavior, you can substantially increase your chance of recovering damages. To prove fault, you’ll have to establish the following elements of a personal injury claim:

• The boat operator owed you a duty of care
• They did not fulfill their duty
• This breach in duty of care caused you to suffer injuries

If a boater was going above the allowed speed limit and the wake they created capsized your boat, you’ll likely have a strong caso de lesiones personales because the defendant neglected water safety rules, which led to your accident.

However, if a responsible boat operator hit a jetty or a rock despite taking proper precautions, and a passenger was injured, proving negligence may be more difficult.

What Damages Can You Recover?

If you can prove your boat accident injuries are a result of someone else’s negligence, you are entitled to seek compensation for:

• Any current or future injury-related medical bills
• Lost wages and loss of earning capacity
• Expenses related to temporary or permanent disability
• Pain and suffering, such as mental anguish, anxiety or PTSD in the aftermath of the accident

What If Compensation Isn’t Available?

Even if you’re awarded damages, receiving actual compensation may be close to impossible if the at-fault party didn’t have adequate insurance at the time of accident.

Is Boat Insurance Required in Florida?

No, boat owners in Florida are not legally required to carry boat insurance. Homeowners insurance polices are complicated, and in some cases a person’s policy may provide some liability protection if they were to cause an injury while operating their boat.

The person injured in a boat accident may be able to go after the personal property or assets of the negligent party to collect compensation, but that’s generally only a feasible option if the responsible party has the assets to cover your damages.

If you’ve been injured in a boat or watercraft accident, you may want to contact a personal injury lawyer with experience in boat injury law. They can explain your potential options for recovering damages from the responsible boater.

Types of Boat Insurance in Florida

Homeowners insurance does sometimes provide specific types of coverage for recreational vehicles, including boats. This coverage frequently extends to small property losses or physical damage, often up to $1,000.

Most boat owners understand the value of property insurance to repair damage caused by weather, explosions and storage or transportation mishaps, but they sometimes forget about the importance of liability coverage.

If you don’t have liability coverage and you accidently hurt someone with your watercraft, you could be on the hook for significant damages. If you are a boat owner who isn’t insured, or you’re not sure you have liability protection when you’re operating your boat, you may want to contact your auto or homeowners insurance provider to learn more.