WHEN & HOW TO REPORT A BOATING ACCIDENT
WHEN?
According to state law, a boat owner/operator must report their boat accident to California State Parks Division of Boating and Waterways (DBW) if the accident results in death, disappearance or injury to a person requiring medical attention beyond first aid, damage to a vessel or other property exceeding $500 or complete loss of a vessel, regardless of value. Boat accidents must be reported within specific time periods.
Reports must be submitted to DBW within 48 hours of an accident that involves:
- Death occurring within 24 hours of the accident
- Disappearance of a person
- Injury beyond first aid
Reports must be submitted to DBW within 10 days of an accident that involves:
- A person who dies more than 24 hours after an accident occurs
- Property damage exceeding $500, or there is a complete loss of a vessel
What happens if I don't report?
Failure to submit an accident report as required by law is a misdemeanor and is punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months or both.
HOW?
For Boaters:
Please complete a boating accident report (Form BAR)
Reports should be signed and mailed to:
California Division of Boating and WaterwaysAttn: Boating Accident UnitPO Box 942896
Sacramento, CA 94296-0001
When submitting reports by mail, keep a copy for your records.
For a Peace Officer, Harbor Policeman, and First Responders:
Please complete a vessel accident report for at boatingandwaterways.com.
In order to file an accident report online you will first need to create a free account on the Accident Tracker webpage, and follow the instructions to properly submit the report.
PURPOSE
DBW collects and analyzes boating accident reports to develop safety strategies and make recommendations in the interest of reducing boating accidents, injuries and fatalities on California’s waterways.
Information contained in the reports is confidential and may not be used in prosecuting any violations which may have occurred, nor in civil litigation of any kind.
Each year, DBW releases a comprehensive study of boating accidents in California, which provides information on accidents, fatalities, and injuries. This report, California Boating Accident Report, includes special topics such as personal watercraft, youth operators, and fatal alcohol-related accidents, and is available upon request.
ACCIDENT REPORT FORMS
Boating Accident Report (BAR) Form
Boat Operator Use
BAR
Vessel Accident Report (VAR) Form
Law Enforcement Use
VAR-DPR128
| Federal law requires the operator or owner of a recreational vessel to file a boating accident report with the State reporting authority if the recreational vessel is involved in an accident that results in any of the following:
Report Timelines:
The information you provide is used to establish regulations and safety standards, identifyand remedy boat defects, educate recreational boaters, capture statistical data, investigateaccidents, and measure the effectiveness of boating safety programs. Accident Reporting Forms CG-3865 Recreational Boating Accident Report CG-3865-SP Reporte Del Accidente En Barcos De Recreacion Most states and territories accept this form, although some have their own. A listing of contacts for the state's primary boating authority may be found at //www.nasbla.org/about-nasbla/boating-contacts . Reports are generally sent to the Boat Accident Report Database administrator. Please see 33 CFR 173.51, Casualty and Accident Reporting for further information. | Quick Links |
If you live in the state of Florida, you know how many people own boats but did you know boating accidents also happen? There’s so many questions that come along with a boating accident and we are here to help answer some of them. `
Who Should You Report an Accident to?
If you or a loved one were involved in a boating accident, you may be wondering who do you report the accident to? In the state of Florida the Florida Fish and Wildlife Conservation Commission are generally the group that you would report an accident to. The Florida Fish and Wildlife Commission will determine then whether a written report is needed, where that report can be found, where to file the report and what the next steps are. You can also contact a lawyer to determine what the best way to file the report would be.
When Do You Report a Boating Accident?
You should report a boating accident if two boats collide, a boat capsizing, a boat sinking, etc. If an accident involves property damage, death or injury.
How long after can a Report be made?
The incident should be immediately reported on the date of the incident. You can report the incident to any of the following agencies: Florida and Wildlife Conservation Commission, The County Sheriff's office, or The Police Chief Municipality where the accident occurred.
What Damages are Recoverable?
Any damages made to your personal vessel or property, medical transportation or bills, and lost wages can be covered. A boating accident can result in fatality and loss. A wrongful death lawsuit could also arise from a case like this. In that case things such as funeral costs , loss of financial support, etc. can be taken into account.
How do you determine liability in a Boating Accident?
Liability is determined by who the negligent party is. If the defendant can prove breach of duties which caused the accident or any way to link the resulting damage then liability can be proven. 44% of reported accidents are due to drivers inattention due to cellular devices, BUIs (Boating Under the Influence), etc.
So How Do I Go About Getting A Lawyer?
If you are trying to navigate through a boating accident, then you should call the attorneys that care. Call Demesmin and Dover Law Firm 24-7 at 866-954-MORE. Our personal injury attorneys will help navigate you through your case.
Florida § 327.301 states that a written boating accident report is required in FL when an accident results in:
- Bodily injury
- One or more deaths
- The disappearance of any person
- Property damage of at least $2,000
If you were involved in a boating accident, you may want to hire an attorney. They will explain how to file any necessary report. They may even help file the report for you.
To Whom Should You Report a Boating Accident?
The Florida Fish and Wildlife Conservation Commission (FWC) generally handles boating accident reports. The FWC’s Division of Law Enforcement may file a report for you or explain:
- Whether a written boating accident report is required for your incident in FL
- Where to access reporting documents
- Where to file the document
- The steps to follow after you report your accident
It may be appropriate to file a report with other law enforcement agencies. A lawyer can review your case to determine how to file a report.
What Types of Accidents Are You Required to Report?
Specific forms of accidents that may require reporting include:
- Two-boat collisions
- Multi-boat collisions
- A boat running aground
- A boat capsizing
- A boat sinking
- An accident caused by rough seas
- An accident caused by dangerous driving
- A boat striking a fixed object such as a signal marker
Whenever an accident causes injuries, death, disappearance, or a certain amount of property damage, then that accident requires a report.
What Is the Time Limit for Filing a Boating Accident Report?
Per Florida § 327.30, the vessel operator involved in a reportable accident should immediately notify one of the following agencies of the accident:
- The Division of Law Enforcement of the Fish and Wildlife Conservation Commission
- The sheriff of the county within which the accident occurred
- The police chief of the municipality where the accident happened
A lawyer can help if you have yet to report your boating accident.
What Are Recoverable Damages After a Boat Accident?
Your accident-related damages will depend on your specific circumstances. A successful lawsuit against a responsible third party may cover all losses from your boating accident, including:
- Damage to your vessel
- Damage to personal property aside from your vessel
- Emergency medical care
- Medical transport
- Hospitalization
- Lost wages
- Lost earning power
- Treatment for psychological injuries
- Pain and suffering
A fatal boating accident may leave your family with many losses. Through a wrongful death claim or lawsuit, you could recover your funeral costs, loss of financial support, loss of spousal companionship, loss of parental guidance, and other damages.
To consult with an experienced boating accidents lawyer today, call 855-686-6752
Determining Liability for Your Boating Accident in Florida
Negligence is a common liability standard in civil cases. It may be the standard in your boating accident case. Your lawyer may prove negligence by:
- Establishing that the defendant had a duty of care to you
- Proving that the defendant breached their duty of care
- Showing that the breach of duty of care caused your accident
- Linking your accident to resulting damages
Your lawyer can use evidence to show that these facts were true of your case.
What Negligent Acts Cause Boating Accidents?
In 2020, 44% of boating collisions involved driver inattention, per the FWC. Inattentiveness is not the only cause of boating accidents, though. Other causes of accidents include:
An Unsafe Vessel
A boat may be dangerous because of a defect. A boat may also become dangerous because an owner fails to maintain it. Defects can cause accidents, and liability will depend on the cause of the defect.
Driver Intoxication
An intoxicated driver may:
- Have poor judgment
- Have slow reflexes
- Have impaired vision
- Be inattentive
- Engage in impulsive or dangerous behavior
- Be a danger to themselves and others
Law enforcement may determine whether a driver in your accident was drunk.
Dangerous Driving
Even a sober driver can cause a collision. Driving at high speeds, making erratic movements, and other dangerous behaviors can result in accidents.
Your lawyer will identify the cause of your accident. This will lead them to determine who may be liable for your crash.
Click to contact our Florida Attorneys today
What Should You Do As the Victim of a Boating Accident?
As the victim of a boating accident, you should:
- Report your accident if you have not already
- Receive treatment for physical injuries and other trauma
- Hire a lawyer to seek compensation
- Notify your insurer of the accident
Boat insurance is not required in Florida. A boat owner or operator may elect for liability insurance nonetheless. Such a policy may cover your medical costs, property damage, and certain other damages. Other insurance types, like homeowners insurance, may help cover losses from a boating accident.
Filing a lawsuit against a responsible third party could offer another option to seek compensation after a boating accident.
Complete a Request a Consultation form now
Call Bogin, Munns & Munns for Your Free Consultation
A boat accident attorney from our team can represent you after your boating accident. We will identify your losses, determine their value, and fight for a fair settlement. You can focus on your recovery while Bogin, Munns & Munns leads your case.
Our team is available around the clock to take your call. Call Bogin, Munns & Munns today at (855) 686-6752 for a free consultation.
Call or text 855-686-6752 or complete our Request a Consultation form