Boating Accidents in Fort Myers: What You Need to Know

With 659 incidents and 56 fatalities reported in 2023 alone, Florida leads the nation in boating accidents. Lee and Collier Counties rank among the highest for losses. If you’re injured in a boating accident in Fort Myers, understanding your rights, legal responsibilities, and how to navigate a claim is critical. 

This boating accident guide breaks down everything you need to know, from accident causes to legal steps to how the team at Wolfson & Leon can help.

With its warm climate and access to the Caloosahatchee River, Gulf of Mexico, and Intracoastal Waterway, Fort Myers is a boating hotspot. But increased boat traffic has led to rising accidents, especially in areas like:

• 33901 – Downtown Fort Myers, high recreational boat usage
• 33908 – Iona and Gulf Harbor, known for boating communities
• 33913, 33967 – Gateway and San Carlos Park, close to inland waterways

According to the FWC (Florida Fish and Wildlife Conservation Commission), there were:

• 659 boating accidents in Florida in 2023
• 56 boating-related deaths
• Lee and Collier counties were among the top in accident volume and severity.

Boating accidents can happen for many of the same reasons as car accidents, but they also come with unique risks. The most common types of boating accidents in Florida include:

• Collisions with another vessel
• Capsizing
• Falls overboard
• Hitting a fixed object, such as a piling or dock 
• Swamping or flooding

And the leading causes of these accidents often stem from operator behavior:

• Inattention (most common cause)
• Excessive speed
• Operator inexperience
• Alcohol or drug use
• Mechanical failure

These are preventable in many cases, yet they continue to be a source of injuries and fatalities every year.

Florida boating law places liability primarily on the operator of the vessel, but other parties can also be responsible. Here’s a breakdown of typical liability scenarios:

Florida law also requires all accidents involving serious injury, death, or damage over $2,000 to be reported to the FWC or local law enforcement.

If you or a loved one is involved in a boating accident, here are the most critical steps to protect your safety—and your legal claim:

1. Get to Safety and Render Aid: Assist anyone in the water or in distress. Florida law requires rendering aid after a boating accident.
2. Contact Authorities: Call 911 or the U.S. Coast Guard if there are serious injuries or someone is missing.
3. Report to the FWC: Boating accidents must be reported to the Florida Fish and Wildlife Conservation Commission when they involve:
   • Injury beyond first aid
   • Death or disappearance
   • Property damage over $2,000
4. Document the Scene: Take photos, gather witness contact info, and screenshot any GPS or navigation data available.
5. Call a Boating Accident Attorney: Contact a legal team like Wolfson & Leon to preserve evidence and begin the claim process.

Boating accident claims can differ significantly from car crash claims due to overlapping state and maritime laws. Some of the unique challenges boating accident victims must overcome when pursuing a claim include:

• Jurisdiction issues between Florida law and federal maritime law
• Limited insurance coverage, especially for privately owned boats
• Establishing negligence in open water without traffic rules
• Boating under the influence (BUI) may complicate criminal and civil liability

Given these complex issues, working with an experienced Fort Myers personal injury attorney who understands maritime claims and boating accident litigation is especially important.

Victims of boating accidents in Fort Myers have several local and state agencies available for support and reporting:

• Florida Fish and Wildlife Conservation Commission (FWC)
  • 3319 Magnolia St., Fort Myers, FL 33901
  • 📞 (863) 648-3200
• U.S. Coast Guard – Fort Myers Beach Station
  • Responds to emergencies and enforces boating safety
• Lee County Sheriff's Marine Unit
  • Patrols waterways and investigates boat-related incidents

For legal representation across all major Fort Myers areas, including 33901, 33908, 33913, and 33967, Wolfson & Leon offers local experience and a proven record of advocacy for accident victims.

📞Call 239-777-9954 for a free consultation.

Yes. If the boating accident involves significant injury, death, or property damage over $2,000, it must be reported to the FWC, local police, or the Coast Guard.

Yes. Florida follows a modified comparative negligence doctrine. Under this rule, your compensation may be reduced based on shared fault. However, if your percentage of fault is greater than 50%, you cannot recover damages under this doctrine. It is imperative to review the facts with your personal injury lawyer. 

Yes. BUI is a criminal offense that comes with substantial penalties. It can also be used as strong evidence of negligence in a civil case.

You may be able to file a claim against the rental company if improper maintenance or safety equipment contributed to the accident.

In most cases, you have 2 years from the date of the accident to file a personal injury claim in Florida. Again, it is critical to consult your accident lawyer as soon as possible.

Fort Myers is a boating paradise, but accidents happen - often due to negligence, inattention, or alcohol. Don't face it alone if you've been injured in a boating accident in Fort Myers or nearby areas. You need a law firm that understands both Florida personal injury law and the unique aspects of maritime claims.

Let Wolfson & Leon be your advocates. 📞Call 239-777-9954 today for a free case review.