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Polk County 
Boat Accident 

Attorney

capsized inflatable boat floats on the water while a person in a bright green wetsuit and yellow helmet clings to its side

Polk County Boating Accident Lawyer

Polk County’s lakes and waterways offer plenty of opportunities for boating, fishing, and water sports. With popular destinations like Lake Hollingsworth, Lake Howard, and the Chain of Lakes in Winter Haven, boating is a favorite activity for both residents and visitors. However, boating accidents happen far too often, leaving victims with serious injuries, property damage, and unexpected medical expenses.
 
At Kemp Injury Law, we help victims of boating accidents in Lakeland, Winter Haven, Bartow, and throughout Polk County. Whether the incident involved a boat or a bicycle used for recreational activities, if you or a loved one has been injured due to a reckless, intoxicated, or negligent operator, you may be entitled to compensation. Our firm is dedicated to holding negligent parties accountable and helping victims recover financially.

Common Causes of Boating Accidents in Polk County

Boating accidents can happen for many reasons, but most are the result of negligence. Some of the most common causes of boating injuries include:
  • Operator inattention: Drivers distracted by passengers, phones, or other boats may fail to react in time.
  • Speeding: Many boaters ignore speed limits, making it difficult to avoid collisions.
  • Alcohol or drug use: Boating under the influence is a leading cause of accidents and is just as dangerous as drunk driving or driving a vehicle while impaired.
  • Failure to follow navigation rules: Many boaters lack proper training and ignore right-of-way laws.
  • Equipment failure: Mechanical issues, poor maintenance, or defective boat parts can lead to dangerous situations.
  • Crowded waterways: Polk County’s lakes are especially busy on weekends and holidays, increasing the risk of collisions.
A simple day on the water can turn tragic when boat operators fail to act responsibly. Whether the accident involved a speedboat, jet ski, fishing boat, or pontoon, injured victims have the right to pursue legal action against negligent parties.

Types of Injuries in Boating Accidents

Because there are no seat belts, airbags, or other protective restraints on boats, injuries from boating accidents can be severe. Some of the most common injuries include:
  • Head trauma and concussions from falls or collisions.
  • Spinal cord injuries from being thrown into the water or hitting a hard surface.
  • Drowning or near-drowning incidents caused by capsized vessels.
  • Broken bones and lacerations from boat propellers, sharp objects, or falling overboard.
  • Burns from fuel leaks, onboard fires, or explosions.
These injuries often require extensive medical treatment, rehabilitation, and time off work. In the most tragic cases, accidents caused by a negligent boat operator can result in wrongful death. Whether you're facing serious injuries or the loss of a loved one, you should not have to bear the financial burden alone.
 
 
Steps to take after a boating accident

Steps to Take After a Boating Accident

If you have been injured in a boating accident in Polk County, taking the right steps can protect your health and legal rights:
  1. Report the accident: Contact the Florida Fish and Wildlife Conservation Commission (FWC) or local authorities to file an official accident report.
  2. Seek medical attention: Some injuries may not be immediately apparent, especially those involving concussions or internal trauma.
  3. Document the scene: Take photos of the boat, injuries, weather conditions, and any visible damage.
  4. Get witness statements: Other boaters or passengers may be able to provide important details about what happened.
  5. Avoid making statements to insurance companies: Insurance providers may try to downplay your injuries or shift the blame.
  6. Consult a boating accident attorney: A lawyer can help you navigate the legal process and maximize your compensation.

 

Other Personal Injury Cases We Handle in Polk County

At Kemp Injury Law, we help victims of various accidents caused by negligence, including:
  • Car accidents: Whether on Interstate 4, U.S. Highway 27, or Memorial Boulevard, we fight for crash victims.
  • Motorcycle accidents: Polk County’s busy roads pose serious risks for motorcyclists.
  • Truck accidents: Semi-truck and commercial vehicle crashes often result in devastating injuries.
  • Bicycle accidents: Cyclists frequently suffer severe injuries when struck by careless drivers.
  • Pedestrian accidents: If you were hit while walking near a crosswalk or sidewalk, you may have a claim.
  • Slip and fall injuries Property owners must maintain safe conditions to prevent falls and serious injuries.

 

Contact a Polk County Boating Accident Lawyer Today

If you or a loved one was injured in a boating accident in Polk County, you deserve experienced legal representation. Kemp Injury Law is committed to fighting for injured victims and helping them recover the compensation they need for medical bills, lost wages, and pain and suffering.
 
Call us today for a free consultation to discuss your case and learn how we can help you move forward.
 

Frequently Asked Questions

A boating accident attorney can help you navigate Florida's complex maritime and negligence laws, which differ from those governing land-based incidents. Your attorney will investigate the accident, identify responsible parties, and deal directly with insurance companies to maximize compensation. In Polk County, where boating accidents can involve rental companies, private boat owners, or intoxicated operators, having legal guidance ensures no detail is overlooked. They also help with filing claims on time and negotiating fair settlements. If needed, they will represent you in court and fight for full damages for injuries, property loss, and emotional trauma. At Kemp Law Group, we take care of every detail so you can focus on recovery.
Yes, there is a statute of limitations in Florida for personal injury claims, which typically gives you two years from the date of the boating accident to file a lawsuit. However, deadlines can vary depending on the circumstances—especially if government entities are involved or if wrongful death is a factor. Filing late can result in losing your right to compensation entirely. This is why it's critical to speak with an attorney as soon as possible after the accident. At Kemp Law Group, we ensure all paperwork is filed correctly and on time. Acting quickly gives us more time to gather evidence and build a strong case.
No. You don't need to prove intoxication to succeed in a boating accident claim—negligence alone may suffice. However, showing intoxication can strengthen your case by establishing negligence per se under Florida law. Other causes—like reckless navigation, failure to follow right-of-way rules, or poor maintenance—are also valid grounds for liability. Evidence such as operator statements, FWC reports, or surveillance footage can help determine fault. A skilled attorney will evaluate all contributing factors, regardless of intoxication. This ensures your claim rests on solid, multifaceted legal grounds.
Failing to wear a personal flotation device (PFD) does not bar you from recovering damages, but it may be raised as comparative fault. Florida law requires PFDs in specific situations—like for minors or certain vessels—and violating those rules may be used by defendants to reduce liability. However, if their negligence was the primary cause, your failure to wear a PFD should not eliminate your right to compensation. Attorneys can emphasize the defendant’s greater responsibility to operate safely. Gathering evidence—even expert testimony—about how PFD absence did not cause the accident can mitigate such defenses. Ultimately, you may still recover medical costs, lost wages, and pain and suffering.
Yes—you may have a claim against both the individual operator and the rental company. If the operator—typically a renter—acted negligently, you can pursue a personal injury claim directly against them. At the same time, the rental company may bear liability for inadequate training, poorly maintained equipment, or failure to warn of safety hazards. This dual approach broadens accountability and may increase available compensation sources. An attorney will examine rental agreements, maintenance logs, and training protocols to identify all viable defendants. Combining individual and corporate liability strengthens your position and ensures full legal redress.
At Kemp Law Group, we have extensive experience representing victims of boating accidents throughout Polk County and across Florida. We understand the local waterways, boating laws, and what it takes to hold negligent boat operators accountable. Our attorneys bring aggressive representation and compassionate care to every case, always aiming for the highest possible compensation. We handle negotiations, investigations, and court representation so our clients can focus on healing. From minor injuries to major collisions, we have successfully fought for the rights of boaters in Florida. If you or a loved one was involved in a boating accident, reach out to us today to discuss your case.

Additional Information in Polk County, Florida

Florida Fish and Wildlife Conservation Commission - Boating Accident Statistical Reports: Comprehensive information on boating accidents in Florida, including definitions, reporting requirements, and safety resources. It outlines when and how an accident must be reported—such as if it results in death, injury requiring medical attention, disappearance, or significant property damage. The FWC also provides access to annual boating accident statistical reports and summaries. It emphasizes the importance of boating safety education in reducing incidents on the water. For a boat accident case, this site helps identify whether a report was legally required and can support claims regarding reporting violations or patterns of negligence. It can also provide context for accident trends and enforcement practices in Florida.
U.S. Coast Guard - Boating Accident Reporting: Details federal accident reporting laws for recreational boaters. It explains the five circumstances in which an accident must be reported to the Coast Guard, such as death, disappearance, or property damage exceeding $2,000. The site includes downloadable accident reporting forms and emphasizes timely reporting within 48 hours or 10 days, depending on the situation. It also provides guidance on submitting accurate and complete information to authorities. This is crucial in a boat accident case, particularly when federal waters or regulations are involved, as it helps assess compliance with national boating laws. It may also be used to question whether the other party fulfilled legal duties after the incident.
National Safe Boating Council: Promotes safe boating practices through education, advocacy, and national awareness campaigns like "Wear It" (life jacket use). The site offers training programs, toolkits, and resources to encourage responsible boating behaviors. It focuses on life jacket use, alcohol avoidance, proper navigation, and safety equipment. The organization collaborates with U.S. Coast Guard and other agencies to promote national safety standards. In a boat accident case, this resource can help demonstrate what constitutes best safety practices and may be used to highlight unsafe behavior by the involved parties. It supports arguments around preventable accidents, especially in cases involving lack of safety gear or reckless operation.

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99 6th St SW Suite 204

Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
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Address:
99 6th St SW Suite 204 
Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
Phone: (863) 225-0254
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