LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
May 29, 2024
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
✓ Fact Checked
✓ Editor
Incidents and crashes involving boats and vessels unfortunately occur, and, sadly, injuries often result. If you or a loved one was injured in a boating incident, pursuing a claim against any responsible party or parties requires gathering evidence and investigation. That effort is made easier if a report is prepared documenting the crash. For that reason, it is important to understand when a report must be prepared. Under Florida law, there are circumstances in which a report must be prepared by either the boat operator, the boat owner, or an investigating law enforcement officer.
When Must a Report be Prepared After a Boating Accident in Florida?
Florida Statute 327.301 explains when a report must be prepared after a boating accident and who is responsible for preparing the report. A report must be prepared if the boating accident resulted in:
- A death
- Bodily injury
- A person went missing from the boat
- The total property damages of the incident exceeded $2,000
Federal law additionally has requirements for written reports following a boating accident. Understanding the necessity for a written report is important for those injured in a boating accident because the report will help in investigating what happened and who may be responsible.
Who Must Prepare the Report?
Under Florida Statute 327.301, the report must be prepared by the operator of the vessel. If the operator, however, is incapable of preparing the report, then the owner of the vessel must prepare the report. If the investigating officer prepares a written report, then the operator and owner may not have to prepare a written report. The statute also imposes certain obligations on report preparation for investigating officers.
Who Is the Report Provided To?
Any report prepared as required under Florida Statute 327.301 must be forwarded to the Florida Fish and Wildlife Conservation Commission. A separate statute, Florida Statute 327.30, requires that the operator of a vessel involved in an accident notify certain law enforcement after an incident. This includes the law enforcement division of the Florida Fish and Wildlife Conservation Commission or the sheriff’s office in the county where the incident occurred, or elsewhere as written in the statute.
When Must the Report be Prepared?
Florida law requires that the report following a boating accident be prepared within a time frame provided by federal law. The Florida statute refers to a federal regulation, 33 C.F.R. 173.55, which says when a report must be prepared. In most instances involving a death or bodily injury after a boating accident, the report must be prepared within 48 hours. The Florida statute, however, imposes additional requirements on investigating officers, including that a short form report may be prepared while the investigation remains ongoing.
Injured in a Florida Boating Accident? Get Help From Our Lawyers at Hersh Kirtman Injury Law
If you are injured in a boating accident, speak to an attorney with experience handling claims following boating accidents. Claims arising from boating accidents have various complexities, including whether Florida or federal law applies. A lawyer with experience handling these sorts of claims will understand how to investigate and pursue your claim on your behalf following a boating accident. Like other claims for compensation for injuries and losses, you may be entitled to compensation for medical expenses, lost wages and loss of future earning capacity, and pain and suffering and other non-economic harm, if you were harmed in a boating accident. Speak to one of our Florida boating accident lawyers to learn more about your legal options.
At Hersh Kirtman Injury Law, we provide clients with the skilled representation they deserve after a negligent party caused a boating accident that left them harmed. To schedule a free case evaluation with one of our boating accident lawyers, contact us today by filling out our contact form or giving us a call at (561) 208-3700.
