California Boat Accident Attorneys
- PAY NOTHING UPFRONT
- OVER $0 MILLION RECOVERED
- ZERO-FEES UNTIL WE WIN
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Our California Boat Accident Attorneys Are Dedicated To Your Legal Journey
If you have suffered an injury in any boating accident, you should consult with a boat crash lawyer about your legal rights. Individuals injured in boating accidents may be able to pursue compensation if their losses were caused by negligence.
A boating accident attorney can help investigate liability, identify insurance options, and provide guidance on possible legal claims. You don’t have to fight the insurance company on your own. Let our California boat accident attorneys assist you in navigating the legal process so you can focus on healing. Call us at (888) 488-1391 for a free initial consultation.
California Boating Accident Statistics
A fatal drowning or injury can be a devastating outcome for any boating accident. According to the California Division of Boating and Waterways, 41 people died in boating accidents in California in 2019. The ten prior years had similar fatality numbers (ranging from a low of 35 to a high of 54). This fact means that about four people die every month in boating accidents in California.
The Division also reports that there were 207 injuries reported from 2019 boating accidents and over $7.8 million in property damage. The numbers show just how costly a boating accident can be.
Our client fell four stories down an elevator shaft, sustained severe traumatic brain injury, broken ribs, fractured jaw, and several other internal and orthopedic injuries. As result of his injuries, we were able to secure the $11.25 million dollar settlement. As part of the structured settlement, our client will receive a lump-sum payment of $500,000 and $33,000 a month for the rest of his life.– Arash Khorsandi
How Boat Accidents Happen
Many factors can lead to a boating accident. If a boat operator is negligent and the negligence leads to an accident that causes injuries, they have a legal obligation to compensate the victims for their losses. This is why a boat accident lawyer’s first job is to determine whose negligence caused the accident. Here are some of the many ways that a person can be negligent in operating a boat:
- Splashing other boats.
- Jumping a wake in the vicinity of another boat.
- Violating low wake rules.
- Failing to observe other watercraft in their vicinity.
- Failing to maintain a safe distance from other boats or water vessels.
- Inattentiveness.
- Failure to yield to another boat, jet ski, water skier, or watercraft.
- Overloading a boat with too many passengers or cargo.
- Excessive speed.
- Operating a boat while under the influence of drugs, alcohol, or prescription medications. (this can also be a crime)
- Operating a boat without sufficient experience or skills.
- Failing to check weather conditions, or ignoring weather warnings.
- Slippery boat deck.
- Improper boat maintenance.
- Proper safety gear is not on the vessel.
- The boat operator is distracted.
- Vessel collides with another boat or underwater object.
- Contact with propellers.
- Failing to know the “rules of the road”.
- Overcrowding and overloading the vessel.
Boat Operators Are Responsible For Their Passengers
Boat operators have a duty under California law to operate their vessels safely and address unsafe conditions when reasonably possible. The operator has the duty to identify and remedy any unsafe conditions on that boat. Unsafe conditions can include the conduct of passengers.
If passengers are sitting in unsafe areas, rocking the boat, or distracting the operator, it may be unsafe to continue boating. The operator has a duty to make these conditions safe. If they fail to do so, and an accident occurs, the operator can be liable for any injuries that occur. Boat operators must stop their passengers from engaging in any unsafe behaviors.
California Boating Law Requires Sounds And Alerts
Many boating regulations and statutes help ensure the safe operation of boats in California. Operators must follow these safety regulations to prevent accidents. If they fail to do so and an accident occurs, they may be found negligent, which means they could be liable. One of the most important safety regulations involves using your horn to alert other boats to your presence. Sounds or alerts are required in the following conditions:
- Overtaking — When two motorized boats are traveling in the same direction, and the driver of one boat decides to pass the other, they must communicate appropriately with the other boat. The California State Parks Division of Boating and Waterways has a guide that outlines the horn or whistle blasts that are appropriate in various scenarios.
- Limited Visibility — During any period of limited visibility, it is vital to make sure that other boaters are aware of your presence. This includes dawn and dusk when sunlight is not at full brightness. It also includes overcast conditions. Most importantly, it includes fog. Fog is especially dangerous for boat operators. Be sure to use your horn and alert everyone in the vicinity to the presence of your boat.
- Sharing Narrow Channels — Some vessels, such as deep-draft liners and freighters, may only navigate in narrow channels. Other boaters should never impede the safe passage of these vessels. When possible, stay on the right side of a narrow channel. It’s also important to know that rules regarding anchor lights are different in these areas.
This is not, of course, a complete list of all situations in which you should use a horn or other sound system. It’s a good idea to use your judgment and make your presence known if you believe it would help keep you safer. You should also be sure to check local boating regulations before heading out on the water. Different waterways have different rules — even within the same state. Boat operators are responsible for following all local regulations that apply to the area where they are currently boating.
Your Reporting Obligations
California law requires boat operators to report accidents that involve death, serious injury, or significant property damage. The Division of Boating and Waterways maintains a helpful website that provides information on how to make such a report. Reporting is required if:
- The boat accident resulted in a death or disappearance.
- The boat accident caused injuries that required medical attention beyond first aid.
- There is more than $500 worth of property damage caused by the accident (or the vessel is completely lost, regardless of its value).
Tips For Avoiding A Boating Accident
Boat operators have a legal obligation to operate their boats with due care. This means they must take reasonable steps to prevent avoidable boating accidents. Here are some basic tips all boaters should follow to avoid the risk of injury, death, disappearance, and drowning that are associated with boating accidents:
Start With A Boating Safety Course
A boat operator must know how to operate a boat safely. This means that they should be familiar with local regulations, state laws, safety procedures, and other critical information. They should also be comfortable operating a particular boat before going out into open water.
Even a person who previously operated boats might not be familiar with how another vessel handles. It’s like driving a rental car: before heading into traffic, drivers need to do a quick check of all their safety equipment. They ought to know where everything is and how to use it.
When an individual is not comfortable with operating the boat, they should practice in the harbor or in areas with ample space between them and other marine vehicles. It is ideal to stay close to shore until they are comfortable heading into open water.
Stay Sober
California law prohibits operating water vessels while under the influence of drugs or alcohol. A person who operates a vessel while impaired not only violates the law but also increases the risk of serious accidents for themselves and their passengers. Even without criminal charges, impaired operation can be considered negligence in a personal injury lawsuit. It may feel natural to relax with a drink on the water, but boat operators are legally required to stay sober.
Check The Weather Before Going Out On The Water
The weather is a contributing factor in many boat accidents. It is important to check the weather before getting out on the water. Many websites and apps can provide highly detailed weather reports.
Some websites give specific information about water conditions and waterways that people should avoid. If boat operators fail to take such a simple precaution, it may be considered negligence to continue sailing a boat in such weather conditions.
Monitor The Weather During The Entire Trip
Weather changes, and out on the water, it changes quickly. It is not enough to simply check the weather once before launch. Boat operators must continue to monitor weather conditions for the entire duration of their trip. They should also keep current on Coast Guard warnings, currents, and other important news updates.
Be Sure To Have Proper Safety Equipment
Boat operators are responsible for making sure there is proper safety equipment on board. This means that there are enough flotation devices for all passengers, that they are in good working order, and that there are the right sizes for everyone (including children).
There should also be flags, flares, whistles, and other equipment that may help alert other people on the water. The boat should also carry equipment to respond to emergencies on board. This includes a fire extinguisher, a first aid kit, and a radio or other means of calling for help if mobile devices have no signal.
Maintain The Boat Regularly
Like cars, boats require regular maintenance. Maintenance is even more important on a boat because it is not used as often as a car. Fluids can leak or dry out, parts can get brittle and crack, and many other problems can occur when you leave a boat in storage for long periods. Boats should get inspected regularly.
Boat owners can hire a qualified mechanic to perform regular maintenance. If a boat owner or operator takes a poorly-maintained boat out on the water, and an accident occurs, they could be responsible for any injuries that are caused.
Check Your Boat Every Time You Head Out
Operators may not be able to perform a full, legal inspection and scheduled maintenance every time they go out on the water. However, it is important to give the boat a quick check every time it goes out on the water. Boat operators should look for basic safety problems from bow to stern. They should also be sure that safety equipment is present and working, and look for obvious cracks, breaks, or other damage. They should also check if the electronic equipment turns on, connects, and functions as it should.
Cruise Ship Injuries
Cruise ships can fall under unique jurisdictional issues. While some cases may involve California law, some may fall under federal maritime law and the cruise line’s own contract. There are many ways you could be injured on a cruise ship. You might slip and fall on a wet floor or become sick from bad food at the buffet. Perhaps the ship’s doctor gave you inappropriate medical advice. In many cases, a cruise line may be liable for injuries suffered by passengers on its ships.
Like any other boat, a cruise ship can have accidents caused by a captain’s negligence. However, cruise ships are treated differently under the law because they carry paying passengers. As commercial operators, they owe a higher duty of care and must take extra precautions to keep people safe.
A cruise ship captain who crashes, fails to comply with weather warnings, or otherwise causes preventable injuries may be found to have breached the heightened duty of care expected in their role. Cruise lines may also be responsible for accidents caused by poor maintenance, inadequate safety equipment, violations of regulations, and other safety issues. A cruise line generally must take reasonable precautions to prevent passengers from becoming injured. If they fail to do so, they may face liability for any injuries that occur as a result.
Consult Our Boat Accident Lawyers For California Injury Cases
Boating injuries can happen on anything from cruise ships to jet skis. A lawyer can help you understand your legal rights after an accident.
Our legal team at Arash Law serves clients in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and other parts of California. Our California boat accident lawyers have decades of experience, and they can help with negotiations with insurance companies or other parties involved. We can also assist in certain cases if they proceed to trial. Call (888) 488-1391 or contact us to schedule your free initial consultation.
