Boating Accident Lawyer

South Florida is a paradise for boaters. The Intracoastal Waterway, the Atlantic coast, and Broward County’s inland waterways draw thousands of boats every weekend. But more boats on the water means more chances for serious accidents — and when they happen, the injuries can be devastating.

If you or a family member was hurt in a boating accident, you deserve to know your rights. Eric A. Hernandez is a Coral Springs injury attorney with more than 25 years of trial experience. He served as an Assistant U.S. Attorney for the Southern District of Florida and clerked for Chief Justice Charles T. Wells of the Florida Supreme Court. Eric brings that same skill to every personal injury case he handles.

Do not wait to get help. Call HLM Injury Lawyers at (305) 842-2100 or contact us online today for a free consultation. You pay nothing unless we win.

Common Causes of Boating Accidents in Florida

Florida leads the nation in registered recreational vessels — and in boating accidents. Most accidents are preventable. Common causes on Broward County waterways include:

• Operator inattention: Distracted operators fail to spot other vessels, swimmers, or hazards in time to avoid a collision — the single most common cause of boating accidents.
• Boating under the influence (BUI): Operating a vessel while impaired by alcohol or drugs is illegal in Florida and dramatically slows reaction time and judgment on open water.
• Excessive speed: Going too fast for conditions gives operators no time to react, especially in busy channels, near no-wake zones, or in rough seas.
• Inexperienced operators: Florida does not require a traditional license to operate most recreational boats, leaving many operators unprepared for on-water hazards.
• Equipment failure: Faulty engines, steering systems, or navigation lights can turn a routine outing into an emergency.
• Collision with a fixed object: Sandbars, dock pilings, markers, and bridge structures are common hazards, especially at night or in low visibility.
• Failure to keep a proper lookout: Every boat operator has a legal duty to watch for hazards and other vessels — ignoring that duty puts everyone at risk.
• Reckless navigation: Cutting across wakes at high speed, failing to yield the right of way, or ignoring posted speed restrictions can cause serious collisions.

Common Injuries in Boating Accidents

Boating accidents cause some of the most serious injuries in personal injury law. Victims are often thrown into open water, struck by propellers, or left without immediate medical attention. Common injuries include:

• Drowning and near-drowning: Being thrown overboard or trapped in a capsized vessel can lead to drowning or serious oxygen deprivation.
• Propeller strikes: Rotating blades can cause catastrophic lacerations and amputations — injuries that are life-altering and often require multiple surgeries.
• Traumatic brain injury (TBI): A hard blow to the head can cause memory loss, personality changes, or permanent cognitive impairment.
• Spinal cord injuries: Impact with another vessel, a dock, or the water itself can compress or sever the spinal cord, causing paralysis or permanent nerve damage.
• Broken bones: Collisions and falls on a boat deck commonly result in fractures of the arms, legs, ribs, and skull.
• Severe lacerations: Broken fiberglass, metal hardware, and propeller contact create deep cuts that can cause significant blood loss and permanent scarring.
• Hypothermia: Being submerged in water — even in South Florida — can rapidly lower body temperature if rescue is delayed.
• Internal injuries: Blunt trauma from impact can cause internal bleeding and organ damage that may not be apparent right away.

What to Do After a Boating Accident in Florida

Step 1 — Get to safety. Move yourself and anyone injured to a safe area and put on life jackets if anyone is in the water.

Step 2 — Call 911. Request emergency medical services. Do not assume injuries are minor — TBI and internal bleeding often show no immediate symptoms.

Step 3 — Report the accident. The Florida Fish and Wildlife Conservation Commission (FWC) investigates boating accidents. A report is required when an accident results in death, disappearance of a person, injury requiring treatment beyond first aid, or property damage over $2,000.

Step 4 — Preserve evidence. Photograph the vessels, the scene, visible injuries, and any property damage. Note weather and water conditions.

Step 5 — Collect witness information. Get names and contact information from anyone who saw what happened.

Step 6 — Do not admit fault. Do not make statements about liability — that determination belongs to investigators and, if necessary, a jury.

Step 7 — Get a medical evaluation. See a doctor as soon as possible, even if you feel fine. Some injuries do not show full symptoms right away.

Step 8 — Contact a boating accident attorney. Call HLM Injury Lawyers before speaking with any insurance company.

Florida Law and Boating Accidents

Florida law treats boat operators much like motor vehicle operators when it comes to negligence. If an operator fails to use reasonable care and that failure causes your injuries, you may be entitled to compensation.

Florida’s modified comparative negligence rule applies to boating accident claims. Your recovery is reduced by your percentage of fault — and if you are found 51 percent or more at fault, you cannot recover at all. A victim found exactly 50 percent at fault can still recover. Insurance companies will try to shift blame onto the victim, which is exactly why experienced representation matters.

Unlike car accidents, Florida’s no-fault Personal Injury Protection (PIP) system does not apply to boating accidents. These claims fall under general negligence law, meaning you pursue the negligent boat operator — or their insurer — directly.

BUI is treated as a serious criminal offense in Florida. Evidence that a boat operator was impaired at the time of the accident can significantly strengthen a civil claim.

Florida’s 2-Year Deadline — Do Not Wait

Florida gives most injury victims two years to file a negligence claim — a deadline set by HB 837, the 2023 tort reform law, which cut the prior four-year period in half. Evidence disappears, memories fade, and FWC investigation records grow harder to access over time.

The wrongful death deadline is also two years. Do not let a deadline take away your right to seek justice.

Call HLM Injury Lawyers at (305) 842-2100 today.

Why Hire Eric Hernandez for Your Boating Accident Case

• Former federal prosecutor. Eric served as an Assistant U.S. Attorney in the Southern District of Florida — he knows how to build complex cases and is not intimidated by powerful opponents.
• Judicial clerkship at the Florida Supreme Court. Eric clerked for Chief Justice Charles T. Wells, giving him insight into how courts analyze evidence and apply the law.
• 25+ years of trial experience. Insurance companies know Eric is prepared to take cases to trial when necessary.
• Admitted to the U.S. Supreme Court Bar.
• Bilingual — English and Spanish. Eric communicates directly with clients in both English and Spanish.

Contact HLM Injury Lawyers — Free Consultation

Boating accidents cause serious injuries — and the legal process is more complex than most people expect. You do not have to figure it out alone.

Eric A. Hernandez and HLM Injury Lawyers are ready to fight for you. We serve clients in Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and throughout Broward County and South Florida.

Call (305) 842-2100 or visit 3301 N. University Dr., Suite 100, Coral Springs, FL 33065. Your consultation is free, and you pay nothing unless we win.