Receive Just Compensation For Your Boat Accident Injuries
California is known for its natural beauty and attracts many boaters to its lakes, islands, and shores. Unfortunately, accidents can and do happen, especially to personal watercraft. Even commercial vessels such as ferries and cruise ships are not immune to accidents. When such incidents occur, having our boating accident lawyer represent your case is crucial.
Conlogue Law LLP is a law firm based in Beverly Hills with an in-depth knowledge of boat accident cases. Our team of personal injury lawyers has a proven track record of securing compensation for injury victims. We offer a free consultation to anyone seeking legal representation for their case.
Our boat accident attorney can deal with your insurance companies and adjusters. This allows you and your family to focus on your recovery while we work tirelessly to seek maximum compensation for your maritime accident case.
We understand that personal injury cases require attention and care, and we are committed to being there for our clients every step of the way. Contact us today to know more!
What is a Boating Accident?
Boating accidents refer to any incident that occurs on the water involving watercraft such as boats, jet skis, sailboats, or other vessels, resulting in damage, injury, or loss of life. These accidents can happen on various bodies of water, including lakes, rivers, oceans, and even smaller bodies of water like ponds or canals.
Types of Boating Accidents
Boat accidents come in various forms. Understanding these incidents is essential if you are an accident victim and are considering pursuing legal action. Here are some common types of boat accidents:
- Collisions: These can occur when one boat strikes another boat, a fixed object (like a buoy or pier), or even a swimmer.
- Capsizing: When a boat overturns, it can lead to injuries or fatalities, especially if occupants are trapped or unable to swim.
- Groundings: Boats can run aground when they hit underwater obstacles or shallow areas, potentially causing damage and injury.
- Falls Overboard: Passengers or crew members falling overboard can result in drowning or injury, especially if life jackets are not worn.
- Fire or Explosions: These incidents can occur due to fuel leaks or other hazards on board, potentially causing serious injuries or fatalities.
- Sinking: When a boat takes on water and sinks, it can lead to catastrophic consequences.
- Personal Watercraft Accidents: Jet skis and similar personal watercraft can be involved in accidents, including collisions, flips, or being struck by other vessels.
Why are Boating Accidents So Dangerous?
Boating accidents can be hazardous as there is limited access to emergency help on the water. When a boat operator becomes injured or incapacitated, there might not be anyone else onboard to call for help or navigate the boat safely to the shore. In general, any boat accidents can be particularly dangerous for several reasons:
- Limited escape routes
- Difficulty in communication
- Limited medical resources
- Drowning risk
- Inadequate safety gear and equipment
- Distance from help
- Complex environments
- Lack of visibility
What are the Most Common Causes of Boating Accidents in California?
Boating accidents can have serious consequences. Understanding the most common causes of these accidents is crucial for promoting safety on the water. Below are the most frequent causes of boating accidents:
Inattentive Boat Operator
Boaters need to stay vigilant and continuously monitor their boats’ position and speed. Even experienced captains can have lapses in judgment that can lead to accidents. All boaters must be alert and take necessary precautions, such as regularly checking weather reports and looking for potential obstacles.
Improper Lookout
Boating safety is crucial, and using cameras up the mast is an excellent way for larger vessels, sailboats, and yachts to maintain visibility of their surroundings. These cameras must be tended to regularly and monitored carefully to prevent collisions or groundings.
Unprofessional Recreational Boaters
Proper training is crucial for anyone who wishes to operate a boat safely. Proper training can help boaters understand boating regulations, safety practices, and emergency procedures and learn how to handle different types of boats and operate them safely in various conditions.
Excessive Velocity
Excessive speed is the primary cause of boating accidents and should be taken seriously by all boat operators. When traveling at high speeds, controlling the boat and making quick decisions to avoid collisions or hazards in the water can be challenging. Always be aware of your surroundings and adjust your speed accordingly.
Impaired Functionality
Boating under the influence is a severe offense resulting from tragic consequences. In California, if a boater’s blood alcohol content (BAC) is .08% or higher, they are considered legally drunk. Boating under the influence can impair a boater’s judgment, coordination, and reaction time, making it difficult to operate a vessel safely.
Equipment Failure
Regular boat maintenance checks are crucial to avoid equipment failure and ensure safe operation. Neglecting to follow your maintenance checklist could lead to unexpected problems while out at sea, which can quickly turn into a dangerous situation.
Infringing Navigation Rules
It is a common misconception that there are no rules in international waters, but the truth is that most bodies of water have established maritime regulations that must be followed. These rules are in place to ensure the boaters’ safety and prevent accidents from occurring.
Dangerous Waters
When out at sea, be aware of changing water conditions. Taking proper safety precautions can help prepare for the worst. This can include having the appropriate safety gear on board, such as life jackets and flotation devices, and being aware of the location of emergency equipment like flares and radio communication devices.
Weather
Boaters should never underestimate the power of weather and the importance of keeping up with forecasts. Despite advances in boating instruments and technology that can provide accurate weather predictions, accidents can still occur if boaters ignore the forecast or take unnecessary risks. Always check the weather before setting out and make informed decisions about whether you can proceed safely.
Turbulent Waves or Wake
Waves and wakes caused by other vessels can be dangerous, especially if you are unprepared. Even small boats can be affected by the wakes of larger ships, and these unexpected waves can cause boats to capsize or throw passengers overboard. Pay attention to other boats in the vicinity, and if you see a large wave or wake approaching, slow down or steer clear of it to keep your boat and passengers safe.
What is the California Boating Law?
In California, boaters are required to comply with various regulations and statutes that help ensure the safe operation of boats. Following these safety regulations is critical in preventing boating accidents. Failure to do so can result in being found negligent, which means you can be held legally responsible for compensating any injury victims for their losses.
Among the many safety regulations, using a horn to alert other boats of your presence is vital. You are required to make sounds or alerts in certain conditions:
Overtaking
Proper communication is crucial when two motorized boats are traveling in the same direction, and one boat wants to pass the other. The California State Parks Division of Boating and Waterways has created a guide that outlines the appropriate horn or whistle blasts for various scenarios.
Reduced Visibility
It is crucial to take extra precautions to ensure the safety of yourself and others on the water. Whether during dawn, dusk, overcast conditions, or fog, making your presence known to other boaters is vital.
Using Shared Narrow Water Channels
Navigating narrow channels can be challenging, especially when larger vessels such as deep-draft liners and freighters are passing through. Other boaters must avoid impeding the safe passage of these vessels. It is best to keep to the right side of the narrow channel whenever possible.
Reporting Duties
California law requires boat operators to report accidents that result in death, serious injury, or significant property damage. To help make the reporting process easier, the Division of Boating and Waterways provides a helpful website that outlines the steps to take when making a report.
It is a misdemeanor to fail to file a required boating accident report. A defendant who is found guilty may face a fine, six months in jail, or both. A conviction could also affect your ability to boat in the future.
What are the Most Common Boat Accident Injuries?
Many severe injuries can occur to those involved in water sports accidents, particularly in boating accidents, where the head, legs, and arms are the most commonly affected body parts. These accidents can lead to a range of severe bodily injuries, including:
- Drowning
- Hypothermia
- Head/Traumatic brain injury
- Orthopedic Injuries
- Spinal cord injury
- Paralysis
- Broken bones
- Emotional and psychological trauma
The severity of these injuries can vary widely, and some injuries may not become apparent immediately after the accident. Seeking prompt medical attention is crucial, even if you do not feel injured, as some injuries may not manifest symptoms until later.
What Should I Do Following a Boat Accident in California?
If you are involved in a boat accident, here are some helpful steps you can follow:
- The first thing to do is contact the nearest Coast Guard or state marine police station and file a report of the incident
- Collect contact and insurance information from other boaters involved and take photos of the accident scene
- Seek medical attention immediately after a boat accident, even if the injury seems minor
- Consider seeking legal advice from a boat accident attorney to guide you through the legal process
- Be careful about what you say to third parties, such as insurance adjusters or other attorneys
Who Can Be Held Legally Liable for My Boat Accident Injuries?
Following a boat accident, it’s essential to determine who may be legally liable for the harm you’ve suffered. One or more of the following parties may be held responsible for your boating accident:
- Distracted or negligent boat operators
- Intoxicated operator of a boat or ship
- Boat designer
- Boat manufacturer
- The captain, crew, and other personnel
Boating accidents can be caused by various factors, making each accident unique. Therefore, if you have been injured in a boating accident, having evidence to support your personal injury case is crucial, just like with any other type of accident.
Consider potential witnesses, such as lifeguards, coast guard members who may have given first aid, other boaters, and nearby swimmers. These individuals may have seen the accident happen and can provide vital details to help your case.
What Damages are Available in a Boat Accident Injury Claim in California?
If you were in a boating accident caused by someone else’s mistake or wrongdoing, you could seek compensation for your losses. Boating accidents can be devastating and have a significant impact on your life.
In a boat accident lawsuit, there are various types of damages that you can claim as compensation:
- Previous and future medical care
- Pain and suffering
- Lost income
- Property damage
- Wrongful death
- Punitive damages
What is California’s Statute of Limitations for Boat Accident Injury Claims?
If you have been injured in a boating accident in California, you should act quickly to protect your legal rights. The state has a time limit, known as a statute of limitations, for filing personal injury claims. This means you have only a certain amount of time to file a lawsuit seeking compensation for your injuries.
The statute of limitations for filing personal injury claims in boating accidents is two years. However, if your accident occurred in navigable waters, which are waters subject to the ebb and flow of the tide and have been used to transport interstate or foreign commerce, then Admiralty Law applies. The time limit can be extended to three years.
Once the statute of limitations has passed, you may be barred from seeking compensation for your injuries. That is why speaking with our boating accident lawyer as soon as possible after your accident is crucial. We can help determine which statute applies to your case and take the necessary steps to protect your legal rights.
Why Do I Need a Boating Accident Attorney in California?
If you have been involved in a boat accident in California, seeking the services of our Beverly Hills boat accident lawyer is highly recommended. Here are some reasons why:
- Help you understand your rights and responsibilities
- Thoroughly investigate the incident to determine the cause and fault
- Gather and analyze evidence to build a strong case
- Ensure you receive fair compensation
- If your case goes to court, our legal team is ready to represent you
Engaging our boating accident lawyer can give you peace of mind and allow you to focus on your recovery while we fight for your rights.
Talk to Our Boating Accidents Lawyer Today!
Seek legal help if you or someone you love has been hurt in a boating accident. By contacting our legal team, you can get valuable insight into your legal options and what steps to take next.
Do not hesitate to reach out if you are wondering whether you have a viable personal injury claim. Conlogue Law LLP can provide a free case review and help determine whether pursuing legal action is the right decision. We aim to ensure you understand your rights and receive the compensation you deserve after a boating accident.
We also provide legal guidance with AirBnB accidents, pedestrian accidents, longshore claims, premises liability, product liability, slip and fall accidents, and wrongful death.
