WHAT IS THE FIRST THING AFTER A BOAT ACCIDENT?

1. PROVIDE ALL LIFESAVING FIRST AID AVAILABLE.

If the situation is life-threatening, provide immediate first aid: CPR, tourniquet, heat for hypothermia, etc.

2. CONTACT MEDICAL ATTENTION FOR THE INJURED PERSONS.

This means contact of 911 rescue services, regardless of whether they need to come to you or you are heading to shore. Use Channel 16 on your VHF radio, say “MAYDAY” three times, and monitor your radio. You may be able to notify 911 services by cell phone if close enough to shore. NOTE: If your vessel is taking on water all of your electronics may short out and become inoperable.  You need to contact medical services quickly so they can be prepared to assist according to the injuries. This may involve calling in the appropriate doctors at a hospital.

3. IF INJURIES ARE NOT LIFE THREATENING, DOCUMENT THE ACCIDENT SCENE, VESSELS INVOLVED, INJURIES AND PERSONS INVOLVED.

In Florida, Florida Fish and Wildlife Conservation Commission, (“FWC”) investigates most boating accidents; however, it is possible that the US Coast Guard can be involved, as well as local police and sheriff’s departments. Do these things at the accident scene:

• It is important to confirm who was involved in the accident before they leave the scene. It should not be assumed law enforcement will have that information. Same with witnesses.

• Take photos of the boats, the surroundings, the people involved, including on your vessel. On recreational boats there are “FL” numbers on the outside of the boat near the front, which need to be photographed. Photograph all areas of damage on both boats, inside and out. This information is critical and will assist proving how the accident happened. Photograph any witnesses and their vessels; you may need them later.

• Get the name of any involved vessel on the back or side of it. Get the hull ID number (“HIN”) of the vessels. It is a 12-digit code located on the right rear of the vessel near the top of hull.

• Get the names of the law enforcement officers and contact information.

• Photograph any electronics on the vessel. This specifically includes any GPS units—which may still exhibit track information of the vessel, speed, direction, location, etc. Was radar on? Lights on at night? Stern lights, bow lights, interior lights?

4. ONCE SAFE, CONTACT AN EXPERIENCED MARITIME ATTORNEY.

You need an experienced maritime attorney for a boating accident in Florida. Most boating accidents in Florida will not be decided under Florida laws, but rather under a national body of law known as maritime law. This means you do not want a car accident attorney who deals with Florida motor vehicle laws. A maritime attorney will know the technical aspects of boating accidents as well as the navigational rules of the road that apply to boating accidents. Another reason to choose an experienced maritime attorney to represent you for your Florida boating accident case is that:

• The boat insurer will know the maritime law and they will use it against you.
• The boat insurer will use an experienced maritime defense attorney against you.
• Your boating accident attorney needs to be well versed in state and federal courts, where some of these cases are decided.
• A boating accident in Florida does not mean it will be decided in court, but the overwhelming majority of boating accident here will apply maritime law, not auto accident law, and the insurer on the other side knows that.