Can Alcohol Use Impact Your Florida Boating Accident Claim?

Florida’s warm climate and extensive coastline make it one of the most popular boating destinations in the country. While boating can be a relaxing and enjoyable experience, accidents are unfortunately common — and alcohol often plays a major role. If you’ve been injured in a boating accident where alcohol was involved, you may be wondering how it could affect your ability to pursue compensation.

Understanding Florida’s boating under the influence (BUI) laws, how alcohol affects liability, and what steps to take after an accident can help you protect your rights and build a strong injury claim.

What Is Boating Under the Influence (BUI) in Florida?

Just like driving a car, operating a boat while impaired by alcohol or drugs is illegal in Florida. Under Florida Statute § 327.35, a person is guilty of boating under the influence (BUI) if they operate a vessel while:

• Having a blood alcohol concentration (BAC) of 0.08% or higher.
• Being impaired by alcohol, drugs, or a combination of both to the point where their normal faculties are affected.

Florida’s BUI laws apply to all types of vessels, including motorboats, sailboats, jet skis, and even non-motorized boats like kayaks and canoes. A BUI conviction can lead to fines, jail time, and boating restrictions — but the impact doesn’t stop there. Alcohol use can also play a significant role in determining liability in a boating accident injury claim.

How Alcohol Use Can Affect Liability in a Boating Accident

When a boating accident occurs, establishing fault is a key factor in determining who is responsible for damages. Alcohol consumption can strongly influence this process in several ways:

1. If the At-Fault Boater Was Impaired

If the boat operator responsible for the accident was intoxicated, this can significantly strengthen your claim. Under Florida law, intoxication is considered a form of negligence. An impaired boater is more likely to engage in reckless behavior such as:

• Speeding or aggressive driving.
• Failing to follow navigational rules.
• Operating the vessel in restricted areas.
• Ignoring weather conditions or hazards in the water.

If law enforcement confirms the at-fault boater was impaired at the time of the accident, their negligence may make them fully liable for your injuries and related losses.

2. If You Were a Passenger on an Alcohol-Impaired Boat

Passengers injured while on a boat operated by someone under the influence may have a strong claim for compensation. Even if you were aware the operator had been drinking, you may still have the right to recover damages if their intoxication led to the accident.

In these situations, evidence such as breathalyzer results, field sobriety tests, and witness statements can be key in proving the operator’s impairment caused the crash.

3. If You Were Partially at Fault Due to Alcohol Use

Florida follows a comparative negligence system, meaning multiple parties can share fault for an accident. If you were a passenger or another boat operator who was also impaired at the time of the crash, your compensation may be reduced based on your level of responsibility.

For example, if you were found to be 30% at fault for contributing to the accident, your total compensation would be reduced by 30%. However, as long as you are less than 50% responsible, you may still recover a portion of your damages.

What Evidence Can Prove Alcohol-Related Negligence?

Proving that alcohol contributed to a boating accident often requires strong evidence. Key pieces of evidence that may support your claim include:

• Police Reports: If law enforcement responded to the accident, their report may document the at-fault boater’s BAC levels, field sobriety test results, or observations of intoxicated behavior.
• Witness Statements: Passengers, bystanders, or other boaters may provide testimony regarding the impaired individual’s behavior before or during the accident.
• Photos or Videos: Images or recordings showing alcohol consumption, reckless behavior, or intoxicated speech may support your claim.
• Medical Records: If you sought medical treatment, your doctor’s report may document injuries consistent with a boating accident caused by negligent behavior.
• Marine Patrol or Coast Guard Reports: In serious accidents, the U.S. Coast Guard or Florida Fish and Wildlife Conservation Commission (FWC) may investigate. Their findings can provide valuable evidence of alcohol involvement.

Compensation Available in a Florida Boating Accident Claim

If you’ve been injured in a boating accident caused by an impaired operator, you may be entitled to compensation for a variety of losses, including:

• Medical expenses: Emergency care, surgeries, medications, rehabilitation, and future treatment costs.
• Lost wages: Compensation for income lost during recovery, as well as reduced earning capacity for long-term injuries.
• Pain and suffering: Emotional distress, mental anguish, and diminished quality of life caused by the accident.
• Property damage: Costs to repair or replace your damaged boat or personal belongings.
• Wrongful death damages: If you lost a loved one due to an alcohol-related boating accident, you may be entitled to funeral costs, loss of companionship, and other damages.

What Steps Should You Take After a Boating Accident Involving Alcohol?

To protect your health and improve your chances of securing compensation, consider the following steps after a boating accident:

1. Report the Accident

In Florida, boating accidents that result in injuries, fatalities, or significant property damage must be reported to one of the following agencies:

• The Florida Fish and Wildlife Conservation Commission (FWC).
• The local sheriff's office.
• The local police department.

Reporting the incident ensures an official investigation occurs, which may document any signs of alcohol impairment.

2. Seek Medical Attention

Even if your injuries seem minor, visit a healthcare provider right away. Some injuries, like concussions or internal bleeding, may not show symptoms immediately but could worsen over time.

3. Collect Evidence

Take photos of the accident scene, your injuries, and any visible signs of alcohol consumption, such as empty bottles or cans. Additionally, collect contact information from witnesses who may have seen the events leading up to the crash.

4. Contact a Boating Accident Attorney

Alcohol-related boating accident claims can be complex. An experienced attorney can help you gather evidence, communicate with insurance companies, and pursue the full compensation you deserve.

Contact Kemp Injury Law After a Florida Boating Accident 

Boating accidents involving alcohol can have devastating consequences. If you or a loved one has been injured due to an impaired boat operator in Florida, you have the right to seek justice and compensation for your losses.

Contact us today for a free consultation. At Kemp Injury Law, we are dedicated to protecting the rights of boating accident victims and ensuring they receive the compensation they deserve.