Boating Accidents on Biscayne Bay and the Intracoastal Waterway
Biscayne Bay and the Intracoastal Waterway are two of Miami’s most iconic bodies of water. They’re also among the most congested recreational waterways in the state. On any given weekend, you’ll find everything from kayaks and paddleboards to high-powered speedboats and charter vessels all sharing the same channels. That mix creates real risk, and when something goes wrong out there, the injuries can be life-changing.
Were you or a loved one hurt in a boating accident on these waters? Here is what you should know before you speak with anyone from an insurance company.
Why Biscayne Bay and the Intracoastal See So Many Accidents
Both waterways see heavy year-round traffic, with holiday weekends pushing vessel density even higher. Combine that with alcohol use, operator inexperience, no lane markings, and vessels traveling at inconsistent speeds, and it becomes clear why collisions, capsizings, and propeller strikes happen as often as they do.
Florida law requires boat operators to navigate at a safe speed and in a careful and prudent manner, taking into account the conditions of the water and surrounding traffic. Under Florida Statute § 327.33, careless operation of a vessel is prohibited. Operators who violate this standard and injure others can be held liable for the harm they cause.
Who Can Be Held Responsible After a Crash?
The operator of the boat that caused the accident is often the first person identified as responsible, but liability can extend further than that. A rental company that put an unsafe or poorly maintained vessel into service may share responsibility. A charter company that employed an inadequately trained captain could face claims based on the actions of that employee. If a mechanical defect contributed to the accident, the manufacturer of the vessel or its components may be liable under a products liability theory.
Unlike a car accident, water leaves almost no physical evidence behind. There are no skid marks, no road surface conditions to document, and no traffic cameras at most waterway intersections. Evidence like GPS data from vessel navigation systems, Coast Guard reports, and witness statements from nearby boaters needs to be gathered quickly before it disappears.
What to Do in the Aftermath of a Miami Boating Accident
Report the accident to the Florida Fish and Wildlife Conservation Commission as required by law. Seek medical care immediately, even if you feel relatively okay, because some serious injuries do not produce obvious symptoms right away. Take photographs of everything you can at the scene, including the vessels involved, any visible injuries, and the surrounding conditions.
Do not provide a recorded statement to an insurance adjuster or sign any documents before you fully understand your legal options. Early settlement offers in boating accident cases rarely reflect the full cost of an injury over time.
Talk With Miami Boat Accident Attorneys Before You Settle
At The Pendas Law Firm, we represent victims of boating accidents throughout South Florida and understand the specific legal framework that governs collisions on navigable waters. If you were hurt on Biscayne Bay or the Intracoastal Waterway, contact our Miami boat accident attorneys today for a free consultation. We also serve clients in Orlando, West Palm Beach, Ocala, Tampa, Bradenton, Fort Lauderdale, Jacksonville, Fort Myers, and Daytona Beach.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0327/Sections/0327.33.html