In a boat accident in California, the boat operator or owner is usually liable for the damages of the crash. This is because they must ensure the safety of others when operating the boat. However, several circumstances can also hold other entities liable for the collision.
In this article, you will learn about liability in a boating accident in California and the steps to take to file a claim to receive compensation for the damages.
What Are the Common Causes of Boating Accidents?
Boating accidents are issues that occur on or around a boat, resulting in damage, injury, or death. These accidents can happen on many watercraft, including motorboats, sailboats, personal watercraft (such as jet skis), and bigger vessels like yachts or ships.
Like car crashes, boat accidents can happen for various reasons, including bad driving behaviors. Unfortunately, such a collision can result in injuries and even wrongful deaths to individuals of any age. According to Children Safety Network, nearly one-fourth of all boating injuries happen to people under the age of 20.
Here are the most common causes of boat accidents in California:
- Operator Inattention: Boat operators can become preoccupied and fail to detect other boats, obstacles, or changes in water conditions, resulting in collisions and accidents.
- Operator inexperience: Inexperienced boaters may lack the requisite skills and expertise to operate the vessel properly, particularly in demanding circumstances or emergency scenarios.
- Excessive Speed: Operating a boat at high speeds reduces the operator’s reaction time and increases the likelihood of losing control, which can lead to crashes or capsizing.
- Alcohol Use: Driving a boat under the influence of alcohol impairs judgment, coordination, and reaction times, dramatically increasing the chance of an accident.
- Equipment Failure: Mechanical breakdowns, such as engine malfunctions, steering problems, or electrical issues, can result in accidents if the boat becomes uncontrolled or inoperable.
- Weather Conditions: Adverse weather conditions, such as high winds, heavy rain, fog, and choppy seas, can impede navigation and increase the danger of accidents.
- Improper loading: Overloading the boat with passengers or cargo or distributing weight unevenly can impair stability and result in capsizing or swamping.
- Navigation Rule Violations: Ignoring or misunderstanding boating navigation laws, such as right-of-way, can lead to collisions with other boats or objects.
- Environmental hazards: Natural dangers like rocks, submerged items, and shallow seas can cause accidents if not adequately avoided.
- Inappropriate Loading: Uneven weight distribution or packing the boat too full of people or goods can compromise stability and result in capsizing or swamping.
Boating accidents can have various consequences, from minor property damage to severe injuries and fatalities. Proper boat maintenance, respect for safety standards, operator training, and environmental awareness contribute to prevention.
How Often Do Boat Accidents in California Happen?
Unfortunately, boat accidents occur yearly in the United States and California. According to United States Coast Guard News, the country had 636 boating fatalities in 2022. Additionally, there were 5.4 fatalities for every 100,000 recreational boats registered in the same year.
Moreover, similar to auto crashes, alcohol is also a significant cause of boat crashes. With 88 deaths or 16% of all fatalities related to boating accidents in 2022, alcohol remained the most common known contributing factor. Next to this are operator inattention, operator inexperience, improper lookout, excessive speed, and machinery failure.
What Laws Apply in Boat Accidents?
In boating accidents in California, Marine Law, also known as Admiralty Law, is a specialized body of legislation that governs marine operations, navigation, and commerce on navigable waterways. This field of law covers a wide range of topics, including injuries from boat accidents.
When applying Marine Law, two criteria must be understood and met:
Navigable waters
Navigable waters are bodies of water that can be used for interstate or international commerce. Assessing whether a body of water is navigable is critical because it affects whether federal maritime laws are applicable. You can probably assume the area is navigable if you sail from the accident scene to another state or nation.
Federal maritime law applies if a boat accident occurs on navigable waters. This is why it is crucial to understand the criteria that decide if a body of water is navigable waters:
- The canal must be used or be able to be used for commercial purposes.
- It encompasses oceans, rivers, lakes, and canals that connect with interstate or international waters.
- It excludes small, isolated bodies of water that are not commercially viable.
Federal maritime law (also known as admiralty law) typically applies to boat accidents that occur on navigable waterways. This corpus of law governs matters concerning navigation, shipping, and marine commerce.
Maritime Nexus
Note that even if the accident occurs in maritime waters, maritime law will not apply unless the incident is significantly related to traditional maritime operations. The maritime nexus is the relationship that must exist between the occurrence and marine activities for federal maritime statutes to apply. This includes determining if the activity in question has a significant connection to conventional maritime activities.
There are two requirements for the Maritime Nexus, including:
- Location Test: The incident must take place on navigable waterways.
- Connection Test: The conduct that caused the event must have a significant connection to marine commerce or navigation. The incident should also be able to interrupt maritime traffic.
Note that when an accident happens in navigable waters and fulfills the maritime nexus test, it is subject to federal admiralty jurisdiction. This means you must file your case in federal court instead of state courts.
Lawyer’s Tip: When filing a case in federal courts, you typically need a lawyer to represent you. Note that not all personal injury attorneys have extensive experience in court cases. It is best to reach out to the best attorney in your area who has expertise and experience in trial cases.
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.
To obtain a settlement, you must prove the following elements of negligence:
- 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
On land, capturing the accident scene and collecting evidence after a crash can be easy.
However, gathering proof may become challenging since you must keep yourself afloat. Another factor that may influence your ability to collect evidence is if you have injuries after the accident. This is why hiring a California boating accident lawyer who can handle your case, gather evidence, and prove liability while you focus on your recovery is crucial.
Who Is Liable for a Boat Accident?
Multiple people may be held accountable depending on the circumstances of a boat accident in California.
- Boat Operator: If the accident was caused by the boat operator’s carelessness or recklessness, they are typically held accountable. Some examples are speeding, operating a vehicle while intoxicated, and disregarding navigational guidelines.
- Owner of a Boat: If the boat’s owner differs from the operator, they may still be held accountable if they permit an untrained or inexperienced person to operate it or if the ship was improperly maintained.
- Passengers: If passengers’ actions—such as diverting the driver’s attention or acting recklessly—directly caused the accident, they may be held legally responsible.
- Manufacturers: If the accident was caused by a flaw in the vessel or its equipment, the boat’s designer or manufacturer is accountable.
- Rental Companies: Businesses that rent out boats risk being held accountable if they neglect to give appropriate safety advice, rent to unfit tenants, or maintain the boat.
- Other Boat Operators: In situations where many vessels are involved, other boat operators may be held accountable if their activities caused the accident.
Remember that it is essential to clearly show who the fault party is when filing a claim. If you can’t show that their actions caused the accident, you may lose your right to compensation. This is why it is best to contact a California boating accident lawyer who can assess the facts of your situation and determine liability by gathering the necessary evidence.
What Damages Can I Claim?
It is essential to understand what damages to include when filing a case. By knowing this, you can maximize your payout by including all applicable losses to your situation:
Economic damages are tangible financial losses with documentation, such as:
- Medical expenses (past, present, future)
- Vehicle repair or replacement costs
- Lost wages from missed work
- Future income loss
- Out-of-pocket expenses
Non-economic damages are intangible losses, including:
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Loss of consortium and companionship
Punitive damages are awarded if the negligent party’s actions are especially malicious or egregious.
Usually, insurance companies will quickly settle a claim to avoid paying for further damages. While an instance offer may be enticing, it hardly compensates the losses.
For example, if you sustain severe head injuries due to a boat accident, the insurance provider may offer a settlement covering your current medical expenses. However, they did not include your future treatments, which may be costly. A California boating accident lawyer can evaluate these damages to maximize your compensation.
How Can a Boating Accident Lawyer Help Me?
Boating accidents in California might be challenging since they happen in bodies of water. The location makes it difficult for victims to secure evidence at the scene to prove their claim. Fortunately, A California boating accident lawyer can significantly improve your chances of a successful claim by:
- Collecting evidence to support your case.
- Determining the at-fault party’s liability.
- Assessing the full extent of your damages.
- Negotiating with insurance companies for fair compensation.
- Going to trial if necessary.
If you are looking for the best lawyers for boating accidents California can offer, Jacoby & Meyers is committed to ensuring you get the justice you deserve. While many companies assist with accident compensation, accident victims chose Jacoby & Meyers because of its steadfast dedication to upholding their rights.
Since 1972, Jacoby & Meyers has relentlessly defended the legal rights of accident victims and secured significant compensation. With over $2 billion in settlements, our stellar track record demonstrates our commitment to our clients.
Jacoby & Meyers is here to assist if you experience injuries in a boat accident in California. We operate on a contingency fee basis and provide free consultations to injured parties.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
“Had the best experience using their services for the first time. I didn’t know what I was getting myself into. Thankfully, I was in the right hands. They kept me updated on my case from beginning to end. I highly recommend them! Satisfied client!” -Maria.
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- The Eggshell Plaintiff Rule: Impact of a Pre-Existing Injury in an Accident Claim
- How Does the Burden of Proof Work in Personal Injury Claims in California?
- My Personal Injury Settlement Check is Late; How Long Will It Take?
- Sail Safely: What Should You Know About Boat Accident Lawyers?
Works Cited
“Boating Safety.” Children’s Safety Network. Accessed 12 June 2024.
“Coast Guard releases summary of 2022 recreational boating statistics.” USCG News, 17 May 2023. Accessed 12 June 2024.
“33 CFR Part 329 Definition of Navigable Waters of the US.” USACE Philadelphia District. Accessed 12 June 2024.
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