If a boat accident in California results from another party’s negligence, such as the operator or owner, they must pay for the damages you sustain. However, when filing a claim for compensation, you must present sufficient evidence showing the at-fault party’s liability.
If you want to pursue a boat accident claim, learn how liability works in such a case and the steps to take to receive compensation for the damages successfully.
How Dangerous Are Boat Accidents?
Boating accidents occur on or around a boat, causing damage, injury, or death. These accidents can happen on various watercraft, including motorboats, sailboats, personal watercraft, and larger vessels like yachts or ships. In 2020, the Coast Guard reported 5,265 recreational boating incidents, resulting in 767 deaths, 3,191 injuries, and approximately $62.5 million in property damage.
Boat accidents are hazardous for various reasons, including the following:
- Drowning: Drowning is one of the primary causes of death in boat accidents, mainly when passengers do not wear life jackets.
- Injuries from the Impact: Collisions, capsizing, and falls overboard can all result in catastrophic injuries, including shattered bones, brain trauma, and spinal cord damage.
- Hypothermia: Prolonged exposure to cold water can cause hypothermia, which is potentially fatal if not treated immediately.
- Lack of Medical Help: Unlike in a car collision, urgent medical treatment may not be available, increasing the severity of injuries or deaths.
- Fire Hazards: Fuel leaks and electrical problems can create flames or explosions on vessels.
- Operator Inexperience or Intoxication: Many accidents are caused by inexperienced or impaired operators who make poor decisions and lose control.
Similar to car crashes, boat accidents are especially deadly due to the combination of several risks, the possibility of serious injuries, and the delay in emergency intervention.
What Does the California Law Say Operating Boats?
In California, Marine Law, also known as Admiralty Law, governs marine operations, navigation, and commerce on navigable waterways, including boat accident injuries. Two main criteria must be met for Marine Law to apply:
- Navigable Waters: These are waters used for interstate or international commerce, such as oceans, rivers, lakes, and canals connected to such waters. Small, isolated bodies of water are excluded from this category.
- Maritime Nexus: There must be a significant connection between the incident and traditional maritime activities. This means the incident must occur on navigable waters and disrupt maritime traffic or commerce.
Federal admiralty jurisdiction applies if an accident occurs in navigable waters and meets the maritime nexus requirement. This implies you must file your case in federal rather than state court.
What to Do in a Boat Accident
Boat accidents can be frightening and overwhelming. Aside from your injuries, you must know how to ensure your safety on water. These tips can help protect your well-being and rights in case of a boat accident in California.
- Ensure Safety: Check everyone on board for injuries and move to a safe area if possible. Use life jackets and flotation devices.
- Call for Help: Use a marine radio or mobile phone to contact emergency services or the Coast Guard. Provide your location and details of the accident.
- Document the Scene: If you can, take photos and videos of the accident, including damages and injuries.
- Exchange Information: Share contact and insurance details with other involved parties. Remember to take the boat operator’s and company’s information if they are employed.
- Report the Accident: Notify the local authorities and file a report with the Coast Guard if required.
- Consult a Lawyer: Contact a maritime or boating accident lawyer who knows how to navigate the intricacies of your boat crash.
Can I File a Claim for a Boat Accident in California?
Typically, a victim can file a personal injury claim if they sustain injuries or damages in a boat accident. If a boat driver’s negligence causes an accident on the water, you may pursue a case against them for compensation. The at-fault party’s insurance company typically covers the damages in these cases.
You must prove the following elements of negligence to obtain a settlement:
- The individual had a duty to ensure the safety of others.
- They breached this duty.
- This breach caused the accident.
- The accident led to injuries or other damages.
As such, demonstrating negligence requires sufficient evidence showcasing an individual’s actions causing the accident, including:
- Photographs of the accident scene
- Video Footage
- Police reports
- Witness testimonies
- Medical bills and other injury-related documents
- Maintenance records for the boat
- GPS or navigation data, if available
After a collision on land, documenting the situation and gathering evidence can be simple. However, obtaining proof could prove challenging since you have to maintain your survival. If you get injuries from the collision, that could also affect your capacity to gather evidence. This is why hiring a California boating accident lawyer who can take care of your case, collect evidence, and establish liability while you concentrate on getting better is critical.
Lawyer’s Tip: if you lack evidence, a lawyer can work with accident reconstruction experts to make sense of your situation and collect proof to build your case.
What Damages Can I Seek?
Like car collisions, you may receive compensation for the damages if the boat accident results from another party’s negligence. It is crucial to understand what damages to include when filing a case to maximize your payout by incorporating all relevant losses:
Economic Damages: Tangible financial losses with documentation, such as:
- Medical expenses (past, present, and future)
- Vehicle repair or replacement costs
- Lost wages from missed work
- Future income loss
- Out-of-pocket expenses
Non-Economic Damages: Intangible losses resulting from accidents, including:
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Loss of consortium and companionship
Punitive Damages: Additional awards if the negligent party’s actions are malicious or egregious.
Insurance companies often settle claims quickly to avoid paying further damages, but initial offers may not fully compensate for your losses. For example, severe head injuries from a boat accident might incur future medical costs not covered by a quick settlement. A California boating accident lawyer can evaluate these damages to maximize your compensation.
Do I Need to Go to Court for a Boat Accident?
Many personal injury cases are resolved through agreements with the insurance company, often avoiding court proceedings. However, in certain situations, such as when the insurance provider dismisses your claim, going to trial may be necessary. Additionally, you may have to go to federal court if the maritime law applies to your situation.
While pursuing a personal injury lawsuit entails significant time and expenses for both parties, it also offers the potential for higher awards if successful in court. In contrast, settlements may limit compensation to what is specified in the insurance policy.
Remember that deciding whether to proceed to trial or settle rests with you. The best boating accident California offers will guide the pros and cons of a trial in your situation, but the final decision is yours to make.
How Can a Boat Accident Lawyer Help Maximize My Payout?
Boating accidents in California present unique challenges due to their occurrence on bodies of water. This complicates the gathering of evidence at the scene to prove claims. For instance, how can you gather evidence if you need to focus on your survival at sea?
Fortunately, a California boating accident lawyer can significantly enhance your chances of a successful claim by:
- Gathering evidence to support your case.
- Establishing liability of the responsible party.
- Evaluating the full extent of your damages.
- Negotiating with insurance companies to secure equitable compensation.
- Proceeding to trial if litigation becomes necessary.
If you are looking for the best lawyer for boating accidents California offers, the Law Offices of Larry H. Parker can assist you in obtaining the rightful legal recourse by pursuing a personal injury lawsuit against the negligent party. They will carefully review your case details and recommend the most appropriate legal strategies tailored to your circumstances. Contact our office at 800-333-0000 to arrange a free consultation and gain insight into your available options.
What Our Clients Say About Us
While many personal injury attorneys can handle your case and build a legal defense, our dedication to advocating diligently on your behalf distinguishes us. We go above and beyond to ensure that our personal injury lawyers are fully prepared to create a strong claim, as proven by our pleased prior clients.
“I was in a terrible car accident and the Law Offices of Larry H Parker took care of everything! My car was completely totaled. I was headed to school when the driver in the other vehicle involved made a left hand turn in front of my car causing me to hit his passenger door. Both airbags deployed and my car spun out of control.” – Lindsay Sarah
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Essential Things You Should Not Do When Hiring a Personal Injury Attorney in California
- Personal Injury 101: Learn How the Burden of Proof Works in California Personal Injury Cases
- These Are the Steps You Need to Take if You Want to Maximize Your Personal Injury Case Payout
Works Cited
“Boating Fatality Facts.” American Boating Association. Accessed 14 June 2024.
“33 CFR Part 329 Definition of Navigable Waters of the US.” USACE Philadelphia District. Accessed 14 June 2024.
