Andrew Pickett Law is a top Melbourne boating accident law firm that handles injury cases throughout Melbourne and Brevard County for victims who need help getting medical treatment and financial recovery. Andrew Pickett grew up on the Space Coast and has tried injury cases to verdict in the circuit that hears them.
What You Need To Know
- A boating claim can run under a different body of law from every other injury case in Florida. The water you were on decides which body of law applies. The two bodies of law set different deadlines, blame rules and insurance.
- You don’t always need a lawyer to work out which rules cover you, but you do need to know before you talk to an insurer. We’d rather you finish here knowing which rules cover your accident, whether or not you call us.
- Your own car insurance pays the first medical bills after a crash, no matter who caused it. Florida calls the coverage no-fault, and no-fault doesn’t reach a boating accident at all. Nothing automatically pays your first hospital bill.
- On land, being more than half to blame ends a Florida claim. Maritime law splits fault in proportion instead, so a boater 70 percent responsible still recovers 30 percent.
- Where a case falls under maritime law you get three years to file, not the two years that applies on land. A passenger ticket can shorten the three years, so read the ticket before you count on it.
- Report the accident without delay if anyone needed treatment beyond first aid. Florida also requires a separate written report for any injury, death or disappearance.
- Don’t send the boat owner a demand letter yet. Federal law lets a vessel owner ask a court to cap what they owe at the value of the boat. Sending a demand letter starts the owner’s deadline to ask.
Start with the water, because the water decides which rules apply to everything below it. Whether you need a lawyer, the demand letter and the hospital bill come next. The reporting rules, the deadlines and the case citations sit further down.
The Water You Were On Decides Your Rules
A boating claim can run under a different body of law from every other injury case in Florida, and the water you were on decides which one. Florida law and maritime law set different deadlines, different blame rules and different insurance.
The Indian River Lagoon and the Banana River count as federal navigable water, so a collision on either can fall under maritime law. The Eau Gallie River and Crane Creek sit on a federal list of navigable waters. No published Florida decision has settled whether an accident on either falls under maritime law.
On land, being more than half to blame ends a Florida claim. Maritime law splits fault in proportion instead, so a boater 70 percent responsible still recovers 30 percent.
Write down tonight exactly where the accident happened, with the nearest marker, bridge or ramp. The spot on the water is the first fact a lawyer or an insurer needs from you.
Know Which Rules Cover You Before You Talk to an Insurer
You don’t always need a lawyer to work out which rules cover you, but you do need to know before you talk to an insurer. If the operator admitted fault, the operator’s policy covers your bills, and you healed, take the offer and keep every dollar.
The claims that need help start with an unsettled question. The accident happened on the Eau Gallie or Crane Creek, the boat owner is talking about a cap, or nobody knows what insurance sits behind the vessel.
Anyone who tells you flatly which rules cover an accident on the smaller water is telling you more than the sources support. We’d rather admit the gap than pretend otherwise. Call and tell us where you were on the water. We’ll tell you which body of law you’re likely in and how the answer changes your claim.
The call and the review cost nothing, and nobody signs anything to have the conversation.
Don’t Send the Boat Owner a Demand Letter Yet
Federal law lets a vessel owner ask a court to cap what they owe at the value of the boat after the accident. For a badly damaged or sunk boat, the cap can be close to nothing.
The owner’s got six months to ask, and the six months starts when the owner receives written notice of a claim. The letter that starts the clock is usually yours. A demand letter sent in week two hands the owner the six months on their terms, before anyone has looked at the insurance behind the boat.
The cap isn’t automatic. The cap fails where the owner knew about, or was involved in, whatever caused the accident, and the owner’s knowledge is where most cap fights are won.
Hold the demand letter until someone has looked at the insurance behind the vessel. On a boating claim, a demand letter makes the file look busy and can cost you the claim.
No-Fault Coverage Stops at the Shoreline
Your own car insurance pays the first medical bills after a crash on the road, no matter who caused it. Florida calls the coverage no-fault, and no-fault doesn’t reach a boating accident at all.
Your health insurance is the policy that carries the hospital while the claim gets built. Give the hospital your health insurance card and tell the billing office the bills belong in a claim, so the hospital knows a recovery is coming.
Florida gives you two years to file an injury lawsuit, and a maritime injury claim gives you three. A passenger ticket can shorten the three years. Don’t plan around the longer deadline until someone has decided which deadline applies to you.
Report the accident without delay if anyone needed treatment beyond first aid, and file the separate written report Florida requires for any injury. If a law enforcement officer has already filed the written report, you don’t have to.
A Brevard Native Who Tries Cases to Verdict
Andrew Pickett grew up in Brevard County and spent years prosecuting cases in the Eighteenth Judicial Circuit before he represented injured people, and Brevard judges try Melbourne injury cases in the Eighteenth Judicial Circuit. He trained at the Trial Lawyers College, and he tries cases to verdict. An insurance reserve set on an assumption gets another look when the file belongs to a lawyer who puts cases in front of juries.
You’ll deal with the lawyer on your case rather than a call center. Clients tell us the same thing in their reviews: they knew what was happening while it happened. We’ll tell you the next step and roughly when it comes, and when something changes, we’ll call you about the change.
You Pay a Boating Accident Lawyer Only If the Claim Pays You
Andrew Pickett Law works on a contingency fee only. We take a percentage of whatever we recover for you, and we charge no fee at all if we recover nothing. You’ll never write us a check to get started, and you’ll never see an hourly bill.
Florida law caps the percentage a law firm can charge, so no firm sets its own ceiling. We back the Bar’s cap with a commitment of our own. We work your case to its maximum value, and we pay the filing fees, order the records and hire the experts while you’re still healing.
Ask any firm you talk to, including us, who pays the advanced costs if you lose. Firms answer the question differently, so get the answer in writing before you sign anything.
Tell Us Where You Were on the Water and We’ll Name Your Rules
A first call is a conversation, not a commitment. You describe the accident and tell us where you were on the water, and we’ll tell you which rules you’re likely under and how the answer changes your claim.
Bring the accident report number if you’ve got it, and any insurance paperwork for the boat you were on. You don’t need any paperwork to call.
If Andrew Pickett Law takes your case, our fee comes out of a recovery and nothing comes out of your pocket while the case runs. If the claim doesn’t need a lawyer, we’ll tell you and you can take the offer.
Boating Accident Lawyers Serving Melbourne
Melbourne and the surrounding Space Coast provide access to numerous waterways including the Indian River Lagoon, Eau Gallie River, Banana River, and nearby Atlantic Ocean. While boating is a popular activity for residents and visitors, accidents involving recreational boats, jet skis, fishing vessels, and other watercraft can lead to severe injuries.
At Andrew Pickett Law, our legal team represents individuals injured in boating accidents throughout Melbourne and Brevard County. Many boating collisions occur due to operator negligence, excessive speed, inexperience, boating under the influence, or failure to follow navigational safety rules.
Common Causes of Boating Accidents
Boating accidents can occur for a variety of reasons, many of which involve preventable negligence. Some of the most common causes include:
- Inexperienced or reckless boat operators
- Boating under the influence of alcohol or drugs
- Excessive speed in congested waterways
- Failure to follow navigation rules
- Collisions with other boats or fixed objects
- Unsafe operation of jet skis or personal watercraft
Because boating accidents often occur on busy waterways or near marinas and waterfront communities, victims may suffer severe injuries requiring emergency medical treatment and long-term care.
Compensation Possible in Boat Accident Cases
Individuals injured in boating accidents may be entitled to compensation depending on the circumstances of the incident. Our Melbourne injury attorneys help clients pursue compensation that may include:
- Emergency medical treatment and hospital bills
- Ongoing medical care or rehabilitation
- Lost wages and reduced earning capacity
- Pain and suffering
- Permanent disability or catastrophic injuries
- Wrongful death damages in fatal accidents
Investigating boating accidents often involves reviewing vessel operation, safety compliance, and operator behavior. An experienced attorney can help determine liability and pursue financial recovery for injured victims.
Frequently Asked Questions About Boating Accident Claims
What should I do after a boating accident in Melbourne?
After a boating accident in Melbourne, you should seek medical attention immediately and report the incident to the appropriate authorities if necessary. It is also helpful to document the accident scene, gather information about the vessels involved, and speak with a Melbourne boating accident lawyer before discussing the incident with insurance companies.
Who can be held responsible for a boating accident?
Liability for a boating accident in Melbourne may depend on the circumstances of the incident. Boat operators, vessel owners, rental companies, or other parties may be responsible if negligence, unsafe operation, or failure to follow boating safety regulations contributed to the accident.
What compensation can I recover after a boating accident?
Victims injured in boating accidents in Melbourne may be able to recover compensation for medical expenses, lost income, pain and suffering, and other damages related to the injuries sustained in the accident.
Boating injuries on the Indian River and the Banana River
Does it matter which water I was on?
This is the fork that decides a Brevard boating case, and it has nothing to do with how the accident happened. Some water is treated as federal navigable water, and a tort there can fall under maritime law rather than Florida law. Two things have to line up: the accident happened on such water, and the activity had a real connection to maritime commerce — which two boats colliding on open water generally does, even when both are pleasure craft.1
The Indian River Lagoon is federal navigable water — it carries the Intracoastal Waterway through Brevard, and federal bridge and security regulations govern it by name. So is the Banana River, which federal regulation describes in those terms and where restricted areas around Cape Canaveral apply.2
The smaller water is unsettled, and we will say so rather than pretend otherwise. The Eau Gallie River and Crane Creek both appear on the Army Corps of Engineers’ list of navigable waters for Florida, and both empty into the lagoon.3 But that list is compiled for a different purpose, the Corps disclaims its completeness, and no published Florida decision has squarely decided whether an accident on either of them falls under maritime law. Anyone who tells you flatly that it does is telling you more than the sources support.
What if I was mostly at fault?
On land in Florida, being found more than half responsible ends the claim completely. Maritime law does not work that way. Fault is apportioned in proportion, full stop — a boater 70 percent responsible still recovers 30 percent of their losses.4
Where a case does fall within maritime jurisdiction and a Florida rule conflicts with the maritime one, the maritime rule governs — and that has been so for a very long time.5Be careful with how far that goes, though. Maritime jurisdiction does not switch Florida law off wholesale; courts sitting in admiralty apply state law all the time. It displaces state rules that actually conflict with it. The blame bar is one that does.
The time limit differs too. Florida gives two years for an injury claim; a maritime personal injury claim has three.6 Do not plan around the longer one until someone has decided which applies to you.
And no-fault medical coverage does not reach a boating accident at all — nothing automatically pays the first hospital bill, which is a shock to people who assume a boat works like a car.
Do I have to report it, and how soon?
The immediate one. An operator involved in an accident must give notice without delay, by the quickest means available, where someone was injured badly enough to need treatment beyond immediate first aid, or where damage looks like it will reach roughly $2,000. That notice goes to the state wildlife agency, the sheriff, or the local police chief.7
The written one is separate, and its trigger is broader. A written report is required where there was any bodily injury, a death, a disappearance, or that same property-damage figure — not only where treatment went beyond first aid.8 It is due within 48 hours where someone died within a day, was injured badly enough to need treatment beyond first aid, or disappeared — and within 10 days otherwise. If a law enforcement officer has already filed one, you do not have to.
Should I send the boat owner a demand letter?
This is the advice on this page most likely to save you money, and it is an instruction to do nothing.
Federal law lets the owner of a vessel ask a court to cap their liability at the value of the boat after the accident — which, for a badly damaged or sunk boat, can be close to nothing. There is a deadline on that application, and it is short: six months. But it does not start when the accident happens. It starts when the owner receives written notice of a claim.9
Which means the letter that starts the clock is usually yours. A demand letter sent in week two, before anyone has worked out whether the owner has real insurance behind the boat, hands them the six months and starts it running on their terms. Federal appeal courts covering Florida have also set a standard for what actually counts as that notice, which gives some room to work in — but it is room, not safety.9
So: do not send a demand letter on a boating claim until someone has looked at the insurance behind the vessel. That is advice against our own convenience, because the demand letter is the step that makes a file look like it is moving. On this one case type, the step that makes it look busy is the step that can cost you the claim.
The cap is not automatic, either. It fails where the owner knew about, or was involved in, whatever caused the accident — which is where most of these fights are actually won.10
References
- Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527, 534 (1995) — conditions of location and of connection with maritime activity; Sisson v. Ruby, 497 U.S. 358 (1990); Foremost Ins. Co. v. Richardson, 457 U.S. 668 (1982) — collision between pleasure craft on navigable water is within admiralty jurisdiction. 28 U.S.C. § 1333(1)
- 33 C.F.R. § 117.261 — Atlantic Intracoastal Waterway drawbridge regulation, including Brevard County; 33 C.F.R. § 165.701 — security zone naming the Indian River and the Intracoastal Waterway; 33 C.F.R. § 334.540 — restricted area described as “navigable waters of the United States… within the Banana River”; 33 C.F.R. § 329.4 — definition of navigable waters of the United States
- U.S. Army Corps of Engineers, Jacksonville District, Section 10 navigable waters list for Florida — both Crane Creek and the Eau Gallie River appear; the District states that it makes no claim that the lists are complete or completely accurate
- United States v. Reliable Transfer Co., 421 U.S. 397 (1975) — proportional allocation of fault in maritime cases
- Pope & Talbot, Inc. v. Hawn, 346 U.S. 406, 408–410 (1953) — contributory negligence mitigates but does not bar recovery in admiralty; a state may not deprive a person of substantial admiralty rights. Compare Grubart, 513 U.S. at 545 — admiralty jurisdiction “does not result in automatic displacement of state law.” Fla. Stat. § 768.81(6) is the Florida rule barring recovery above 50 percent
- 46 U.S.C. § 30106 — three years for a maritime personal injury or death claim; Fla. Stat. § 95.11(5)(a) — two years for negligence
- Fla. Stat. § 327.30(2) — notice without delay by the quickest means available, where there is personal injury requiring medical treatment beyond immediate first aid or apparent property damage of at least $2,000
- Fla. Stat. § 327.301(1) — written report where the accident results in bodily injury, death, disappearance, or apparent aggregate property damage of at least $2,000, within the time limits in 33 C.F.R. § 173.55 (48 hours or 10 days); no report required where a law enforcement officer has filed one
- 46 U.S.C. § 30529(a) — the vessel owner’s limitation action must be brought within six months after a claimant gives the owner written notice of a claim (formerly § 30511; renumbered by Pub. L. 117-263, 2022). Orion Marine Constr., Inc. v. Carroll, 918 F.3d 1323 (11th Cir. 2019) — the notice must come from a claimant, in writing, and reveal a reasonable possibility that the claim will exceed the value of the vessel
- 46 U.S.C. § 30523 — liability limited to the value of the vessel and pending freight, and only for claims incurred without the privity or knowledge of the owner (formerly § 30505)
Other Case Types We Commonly Handle
In addition to representing victims of boating accidents, Andrew Pickett Law handles a wide range of accident and injury cases throughout Melbourne and Brevard County, including:
- Car Accident
- Truck Accident
- Motorcycle Accident
- Uber & Lyft Accident
- Pedestrian Accident
- Bicycle Accident
- Slip and Fall
- Dog Bite Injury
- Wrongful Death
Areas and Zip Codes Served From Our Melbourne Office
- 32901 – Downtown Melbourne / Crane Creek
- 32904 – West Melbourne
- 32934 – Wickham Park / North Melbourne
- 32935 – Eau Gallie / Croton Road Corridor
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Meet Andrew Pickett
Dealing with the murky policies of insurance companies designed to confuse and prevent you from receiving compensation is our expertise.
15+ years experience as a personal injury attorney.
Specialized in battling insurance companies.
95% settlement rate for clients.
Handled 500+ personal injury cases.
Collected more than $38 million for clients.
500+ people have chosen Andrew as their attorney.
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Working with Tiffany Whitehouse, Vonda, and Lauren at Andrew Pickett Law Firm was an amazing experience for me. They were really professional, attentive, and committed to my case from beginning to end. Their diligence and genuine concern for achieving the greatest result for me were what truly stood out. I genuinely felt like I was in good hands the entire time because of their dedication and teamwork, which made a difficult situation much easier to face. I got the best outcomes I could have imagined because of their hard work and knowledge. I am incredibly appreciative and would heartily suggest their team to anyone in need of legal assistance.
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4 months ago
My experience is based on 2 settlements so far, still pending another case and 1 of the already settled cases M&M took but didn't want to keep after stringing me along for 4 months. So just choose Andrew Pickett Law, don't waste time with another injury attorney. Tiffany Whitehouse is great, she was confident in my cases, kept me informed and very accommodating. We didn't even have to go to court for those 2 cases. And because I had already trusted them with 2 cases, I also gave them a third case which settled quickly. My only regret, I just wish I had known about them sooner. Thanks for everything! I have already recommended my friends and clients and will continue.
Carlos Mangual
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Tiffany Whitehouse has been a tremendous help to me through out my whole process majorly because of her communication she’s always one phone call or text away and really gives me comfort to have any of my questions or worries answered so quickly
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