Serving all of Florida 786-442-2873
GALIMIDI LAWPlaintiff Injury Firm

Serving all of Florida

Miami Boat Accident Lawyer

Miami-Dade, Broward & statewide

I spent 20 years defending insurance companies in crash cases. Now I use everything I learned to fight for you.

— Emanuel Galimidi, former insurance-defense attorney

5.0 Google (80) AV Preeminent 20+ years litigating No fees or costs unless you recover Senior attorney, not a case manager
The maritime rules that can put the burden on the other boat

Injured in a Florida boating accident — which law applies, and can it shift the burden onto the other boat?

It depends on where and how it happened — and getting that right early matters, because it can change both the deadline and the rules in your favor. Many Florida boating injuries are governed by state law (Chapter 327), under which an operator must stop and render aid after a crash (§ 327.30). But injuries on navigable waters can also fall under federal maritime law — which can carry a different limitations period than Florida's 2-year negligence deadline (§ 95.11(5)(a)), and which brings into play long-standing Supreme Court presumptions that can shift the burden of proof onto the at-fault vessel. A boat that broke loose and drifted into another, a moving boat that struck an anchored vessel or a dock, or a boat that violated a safety rule can each start out presumed at fault and be made to prove it wasn't. Your recovery is reduced by your share of fault and barred only if you are more than 50% at fault (§ 768.81), so it's worth having the case evaluated quickly.

The facts that matter

Deadline to file
2 years under Florida law — maritime law may differ
Duty to render aid
Operators must stop and help after a crash (§ 327.30)
Maritime presumptions
Maritime law can shift the burden onto the at-fault vessel
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What it costs
Free consultation · no fees or costs unless you recover

What they do

How insurers try to cut what they pay

Blame the passenger

They argue you stood up, moved, or 'assumed the risk' to shift fault onto you.

Muddy the jurisdiction

They lean on the state-vs-maritime confusion to delay — hoping a deadline slips by.

The quick, low offer

A fast settlement before the full extent of your injuries is known.

What to do

What to do next

Report & document

Call 911 or the FWC; photograph the vessels, the water conditions, and your injuries.

Get medical care

See a doctor promptly and keep every record.

Identify the vessel & operator

Get the boat's registration, the operator's information, and any witnesses.

Don't give a recorded statement

Speak with a lawyer before the insurer or charter company takes your statement.

Florida law

The rules that decide your claim

Florida boating law (Ch. 327)

Florida's boating statutes set the rules of the water, registration, and operator conduct that often decide fault.

Duty to render aid (§ 327.30)

An operator involved in an accident must stop, give aid, and exchange information; leaving can add liability.

Maritime presumptions can favor you

When maritime law applies, century-old Supreme Court rules can shift the burden onto the other side: a boat that broke loose and drifted (the Louisiana Rule), a moving boat that hit an anchored vessel or a dock (the Oregon Rule), or one that violated a safety rule (the Pennsylvania Rule) is presumed at fault and must prove it wasn't.

Maritime law may apply

On navigable waters, federal maritime law can govern — sometimes with a different deadline than Florida's 2 years. Early review protects your rights.

Proven results

Recoveries from a lawyer who knows the other side

The firm has recovered meaningful compensation for injured Floridians — including confidential and policy-limits settlements.

Each case is different and past results do not guarantee a similar outcome.
See the firm's case results →

Client reviews

What clients say

5.0 · 80 Google reviews
★★★★★
Google

“Mr. Galimidi took on my case after I totaled my car in an accident. He always got back to me the same day with answers and updates. I highly recommend him.”

— Jacqueline Earls · Google
★★★★★
Google

“He stood firmly by my side with expert guidance and genuine encouragement. We won the case — and his integrity and trustworthiness impressed me most.”

— Domineque Martindale · Google
★★★★★
Google

“Simply the best of the best. So honest, and always reachable — he gives you all the advice and all the angles, then uses his knowledge for your best outcome.”

— Eden Alush · Google
★★★★★
Avvo

“His long experience working for the other side — the insurance companies — is absolutely invaluable when negotiating a payout.”

— Victor · Avvo

Individual results; outcomes vary by case. Reviews are from the firm’s Google and Avvo profiles.

Questions people ask

Boat Accidents FAQ

Is my case state or maritime?

It depends on the location and facts. Because that can change the deadline and the rules, it should be evaluated quickly.

The other boat broke loose, was moving, or ignored a rule — does that help?

It can. Under maritime presumptions, a drifting boat, a moving boat that hits a stationary object, or one that violated a safety rule can be presumed at fault and made to prove it wasn't — shifting the burden onto the other side.

The maritime rules that can put the burden on the other boat
I was hurt on a rental or charter boat.

Both the operator and the rental or charter company may share responsibility, depending on the facts.

How long do I have to file?

Florida negligence claims generally allow 2 years (§ 95.11(5)(a)), but maritime claims can differ — don't wait to find out.

Should I cooperate with the FWC report?

Yes — but get advice before giving any recorded statement to an insurer.

Tell me what happened. The consultation is free.

You'll talk to a senior attorney who spent 20 years on the other side — not a case manager. No fees or costs unless you recover.

Call 786-442-2873
5.0 ★★★★★ Google📞 Call for a free review