Taking legal action against a responsible third party could be another way to claim compensation after a boating accident. It may be appropriate to file a report with other law enforcement agencies. A lawyer can review your case to determine how a report can be filed. If you have been involved in a boating accident, you may want to hire a lawyer. They explain how to submit a required report. They can even help you submit the report. Additional requirements apply with respect to timeliness of reporting: No, reporting under the Florida Boat Act does not require self-incrimination. Florida Law 327.30 (3) [2] states that an operator does not have to make self-incriminating statements to comply with the law. The Florida Fish and Wildlife Conservation Commission (FWC) generally handles reports of boat accidents. The FWC enforcement department can file a report for you or declare: Report the accident as soon as possible.
You can contact the CCMA at 1-800-404-3922. Keep in mind that the vessel operator must report the accident. It may not be the owner of the vessel. Yes, it is a crime to leave the scene of a boating accident. According to Florida Law 327.30, it is a third-degree crime to flee the scene of the crash without first meeting the requirements for accident reporting, information sharing, and first aid. A lawyer can help you if you haven`t reported your boating accident yet. These are just a few examples of negligent acts that can lead to a boating accident. A victim may be entitled to compensation for medical treatment, loss of income, property damage, pain and suffering and mental distress. There are a number of time limits for claiming damages. Even a sober driver can cause a collision. High-speed driving, irregular movements and other dangerous behaviors can lead to accidents.
Report a boating accident in Florida to the Division of Law Enforcement, Fish and Wildlife Conservation Commission at (888) 404-3922. You can also report a boating accident to the sheriff of the county where the accident occurred. If the accident occurs in a community, you can report it to the police department in the city where it occurred. Florida § 327.301 states that a written report of a boat accident in Florida is required if an accident results in Bundza & Rodriguez: Bundza & Rodriguez is a leading personal injury law firm in Daytona Beach that has helped many clients injured in accidents. If you have been hit by a boat or injured on a boat, we may be able to help. You will of course need to provide basic information such as your name (if you were the boatmaster), boat identification, the location of the accident, the person(s) involved, property damage, bodily injury (if any) and a description of the accident. Federal law requires the operator or owner of a pleasure craft to file a boating accident report with the state registry authority if the pleasure craft is involved in an accident resulting in: The most popular type of accident was a ship strike, which caused 220 accidents. July was the most important month. with 113 accidents. While there may be differences in reporting obligations within states, there are federally mandated guidelines for notifying the appropriate authorities of a boating accident. Boat operators (or owners if the operator is not available for any reason) are required by federal law to report an accident if one of the following conditions is met: There are federal laws that also apply to shipping accidents in Florida. These laws require the reporting of incidents involving death, disappearance or injury that require treatment other than first aid.
In general, Florida laws have more requirements and a shorter time frame than federal laws. Note, however, that both laws may apply to a boating accident. You are required to file an accident report while sailing in Florida under the following circumstances: If the accident is only property damage, it is a second-degree felony. Penalties for a third-degree felony can include up to five years in jail, a $5,000 fine and compensation payable to the victim. A defendant may also face other related charges, such as boating under the influence or reckless operation of a vessel [3]. Boat accidents can occur even if the operator is well trained. Unfortunately, just like driving a car, no matter how carefully you drive or how skilled you drive, you can`t predict or control how another driver might react to an unexpected event or simply have a moment of severe poor judgment. Federal law requires the operator or owner of a pleasure craft to file a boating accident report with the state registry authority if the pleasure craft is involved in an accident resulting in: One person dies A person is injured and requires medical treatment other than first aidA person disappears from the vessel in circumstances indicative of death or injury Damage to vessels and other property amounts to $2,000 (lower amounts in B. certain States and Territories).
The boat is destroyed. Reporting deadlines: Within 48 hours, if a person dies, is injured and requires medical care other than first aid within 24 hours, or disappears from the vessel in circumstances indicative of death or injury. Within 10 days of the event or death if advance notification is not required. The information you provide is used to establish safety regulations and standards, identify and correct boat defects, train boaters, collect statistical data, investigate accidents and measure the effectiveness of boating safety programs. Accident report forms can be found on the Coast Guard Policy and Publications Services website under www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-C4IT-CG-6/The-Office-of-Information-Management-CG-61/Forms-Management/CG-Forms/ or enter the form numbers into a web search engine. CG-3865 Boating Accident ReportCG-3865-SP Report Del Accident In Barcos De RecreacionMost states and territories accept this form, although some have their own. For a list of contacts for the State`s principal maritime authority, see www.nasbla.org/about-nasbla/boating-contacts. Reports are usually sent to the administrator of the vessel accident reports database. For more information, see 33 CFR 173.51, Casualty and Accident Reporting.
The first step in reporting a shipping accident is to determine who is legally responsible. This determines liability for damages and, depending on the circumstances, may also result in criminal and/or civil liability. It may be a good idea to consult a lawyer who specializes in boat accidents. This would ensure that your legal rights are protected, especially if it is determined that you are at fault. It is advisable not to make statements or sign official documents related to the accident until you have ensured that your rights are protected. According to Florida § 327.30, the operator of the ship involved in a reportable accident must immediately notify one of the following authorities of the accident: The following types of shipping accidents must be reported in Florida: A boat accident lawyer from our team can represent you after your boat accident. We identify your losses, determine their value and fight for a fair settlement. You can focus on your recovery while Bogin, Munns & Munns takes care of your cause.
Law enforcement can determine if a driver was drunk in your accident. You can call 386-252-5170 to speak to one of our marine accident lawyers about your case. Florida Act 327.30 [1] requires those involved in a boating accident to report the accident as soon as possible and as soon as possible. The U.S. Boat Accident Reporting Act [2] also requires 48-hour notice for permissible circumstances.