If you are injured by a drunk boater in Florida, you have the right to file a civil lawsuit to recover financial compensation for your medical bills, lost income, and pain and suffering.

The fact that the boater was operating under the influence is powerful evidence used to establish their negligence, which is the foundation of your personal injury claim. This process is separate from any criminal charges the boater faces for Boating Under the Influence (BUI).

If you have questions about an injury caused by an intoxicated boater, call Hale Law Accident Attorneys for a free review of your case at (941) 735-4529.

Key Takeaways for Florida Drunk Boating Accident Claims

A BUI charge is powerful evidence in your civil claim. A boater’s BUI arrest or conviction establishes their negligence automatically under the principle of negligence per se.
Your civil lawsuit is separate from the criminal case. The state’s criminal case punishes the offender, but your civil claim is necessary to recover financial compensation for your medical bills, lost income, and suffering.
You have two years to file a lawsuit. Florida law requires you to file a personal injury lawsuit within two years of the accident, making it essential to act promptly to protect your right to compensation.

The Two Cases You’re Facing: The Criminal BUI and Your Civil Claim

After an accident involving an intoxicated boater, two distinct legal processes arise: one criminal and one civil.

Many victims assume the criminal case will address their financial losses, but that is not the case. The criminal justice system’s purpose is to hold the offender accountable through punishment, not to compensate you.

Dependence on the criminal process alone leaves victims vulnerable to substantial financial loss. Criminal restitution is limited both in scope and enforceability, often failing to cover the true cost of medical treatment, lost wages, and lasting injury-related hardships.

Your financial recovery requires a separate civil action. This personal injury lawsuit is filed directly against the at-fault boater to pursue the full measure of compensation you are entitled to under the law. Our firm handles this process strategically, utilizing evidence and findings from the criminal BUI case to build a powerful, results-driven claim that maximizes your financial recovery.

The State vs. the Boater (Criminal Case): This case focuses on punishment for violating Florida Statute § 327.35, which includes fines, jail time, and the loss of boating privileges. A conviction here establishes a public record of their wrongdoing.
You vs. the Boater (Civil Claim): This case focuses on compensation (also known as damages) for your specific injuries and financial losses. This is where we step in to pursue the financial recovery you need.

How Does a BUI Charge Prove the Other Boater Was at Fault?

A BUI charge against the at-fault boater is one of the most powerful pieces of evidence in your civil injury claim.

In Florida, the legal concept of negligence per se applies. This means that if a person violates a law designed to protect public safety, like the BUI statute, and that violation causes the type of harm the law was meant to prevent, their actions are considered negligent by default. You don’t have to spend as much time proving they were being careless; their BUI charge does much of the work.

To understand why this is so helpful, consider the four elements of a standard negligence claim:

Duty: The other boater had a duty to operate their vessel safely.
Breach: They breached that duty by acting carelessly.
Causation: Their breach directly caused your injuries.
Damages: You suffered quantifiable losses as a result.

Instead of just arguing they were speeding or not paying attention, we point to the BUI arrest or conviction. Breaking the BUI law is a breach of duty. This shifts the focus from if they were negligent to the extent of the harm they caused you. This makes your path to compensation clearer and more direct. We use the official records from the BUI case: police reports, breathalyzer results, and witness statements from law enforcement to build a compelling argument for the insurance company or, if necessary, for a jury.

We will obtain every piece of evidence from the criminal case to ensure the boater’s intoxication is front and center in your civil claim.

What Is the FWC Accident Report, and Why Does It Matter for Your Claim?

The Florida Fish and Wildlife Conservation Commission (FWC) is the primary law enforcement agency for boating accidents in the state. An FWC officer will investigate the incident and compile an official Boating Accident Report. This document is a cornerstone of your civil claim, as it provides an unbiased, official account that insurance companies find difficult to dispute.

The report typically contains:

Operator and Witness Information: Names, contact details, and statements from everyone involved.
Vessel Details: Descriptions of the boats, registration numbers, and any noted damage.
A Narrative of the Accident: The officer’s summary of how the accident occurred, often including diagrams.
Contributing Factors: The officer’s assessment of causes, which may explicitly list alcohol use.
Citations Issued: Any tickets or charges filed, including a BUI.

Our role is to promptly obtain the official FWC report. We analyze the officer’s findings and narrative to identify key evidence that supports your claim and demonstrates the other boater’s fault.

What Compensation Can You Pursue After a Drunk Boating Accident?

In a Florida personal injury claim, the compensation you pursue is known as damages. The goal is to make you whole again financially, as if the accident never happened. We pursue the maximum compensation available for every aspect of your loss. This typically falls into two main categories:

Economic Damages (Tangible Financial Losses)

These are the measurable costs you’ve incurred. We work to recover compensation for:

Medical Expenses: Every bill from the ambulance ride, hospital stay, surgery, physical therapy, and future medical care.
Lost Wages: The income you lost while unable to work.
Loss of Future Earning Capacity: If your injuries prevent you from returning to your previous job or earning the same income.
Property Damage: The cost to repair or replace your boat or any other personal property damaged in the accident.

Non-Economic Damages (Intangible Losses)

These compensate you for the non-financial impact on your life, including:

Pain and Suffering: For the physical pain and emotional distress caused by your injuries.
Mental Anguish: For anxiety, depression, or PTSD resulting from the traumatic event.
Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies and activities you once loved.

In cases of extreme recklessness, such as a drunk boating accident, it may also be possible to pursue punitive damages. These are intended to punish the wrongdoer and deter similar conduct, but they are awarded in rare circumstances.

What if the Insurance Company Argues You Were Partially to Blame?

Even when the other boater was clearly drunk, their insurance company will investigate to try to shift blame to you. They are a business, which means they must balance paying claims with protecting their financial interests. They might argue you were speeding, not paying attention, or violated a navigation rule.

Florida follows a modified comparative negligence standard for incidents occurring after March 24, 2023. This means you recover damages as long as you are not found to be more than 50% at fault. Your total compensation award will be reduced by your percentage of fault. If you are found 51% at fault, you recover nothing.

Our role is to use the evidence to counter any unfair allegations of fault. The other boater’s decision to operate a vessel while intoxicated is a significant factor. We work to minimize any percentage of fault assigned to you, ensuring that the blame rests squarely where it belongs,on the intoxicated operator who caused your injuries.

BUI Patrols on Anna Maria Island and Longboat Key: What Recent Law Changes Mean for Your Case

Boating in the waters around Anna Maria Island and Longboat Key is a way of life, but it also means local and state law enforcement, including the FWC, actively patrol for intoxicated boaters.

Increased Penalties for BUI

A 2025 law, HB 289, has increased the stakes for drunk boaters. Anyone convicted of BUI manslaughter now faces a four-year minimum prison sentence. This reflects the state’s serious stance on this dangerous behavior and is referenced in civil negotiations to underscore the severity of the operator’s actions.

Changes to Vessel Stops

The Florida Boater Freedom Act (SB 1388), which took effect in 2025, ended random safety stops of vessels. Law enforcement must now have probable cause to stop a boat. This change means that when an officer does stop a boater and it leads to a BUI arrest, the evidence of intoxication is typically stronger because it was based on observable, unsafe operation like speeding, erratic maneuvers, or a collision. This makes the BUI evidence in your case even more compelling.

Our Role in Your Recovery: The Hale Law Civil Claim Process

When you work with Hale Law, we handle every step of the legal process so you can focus on your health.

Free Case Evaluation: We start with a conversation to learn about your accident, your injuries, and how your life has been affected. We answer your questions and explain your legal options.
Investigation and Evidence Gathering: We immediately begin our investigation. This includes securing the FWC Accident Report, collecting medical records, interviewing witnesses, and obtaining any evidence related to the operator’s BUI charge.
Filing Your Claim: We handle all communications and paperwork with the at-fault boater’s insurance company. As Florida law does not require boat insurance for most recreational vessels, we also investigate all possible sources of recovery.
Negotiation: We build a comprehensive demand package that details your losses and present it to the insurance company. Our attorneys then negotiate for the maximum compensation available under the law.
Litigation: If the insurance company refuses to offer a fair settlement, we are prepared to file a lawsuit and present your case in court.

Frequently Asked Questions About BUI Accidents

Do I have to wait for the criminal BUI case to finish before I can file my injury claim?

No. The civil claim proceeds at the same time as the criminal case. In fact, it is better to start your claim quickly to preserve evidence and meet legal deadlines.

What if the drunk boater doesn’t have insurance?

This is a common concern. We would investigate other potential sources of recovery, such as an umbrella policy or assets held by the boater. If you have Uninsured/Underinsured Motorist (UM) coverage on your auto policy, it may sometimes apply to a boating accident.

How long do I have to file a lawsuit for a boating accident in Florida?

Florida’s statute of limitations for most personal injury claims was shortened in 2023. You now generally have two years from the date of the accident to file a lawsuit. Act quickly to ensure you do not lose your right to pursue compensation.

What is the legal BAC limit for boating in Florida?

Just like for driving a car, the legal blood alcohol concentration (BAC) limit is .08% for boat operators in Florida.

Holding a Drunk Boater Accountable Starts Here

Don’t let uncertainty stop you from protecting your rights. You should not have to pay for medical bills and lost wages caused by someone else’s reckless decision to boat while intoxicated. The evidence is usually straightforward in these cases, and there is a defined legal path to hold them accountable.

Let us help you take the next step. Call Hale Law Accident Attorneys to discuss your situation and learn how we will help. Your consultation is always free.

Call us today at (941) 735-4529.

Sarasota - Main Office