Find A California Personal Injury Attorney for Boating Accidents
Boating and jet skiing are year-round activities in California, with over one million boats registered. Unfortunately, every year, hundreds of people are killed or injured in boat collisions. In addition, dozens of people die as a result of their injuries. If you or a loved one was harmed while boating, a skilled California Personal Accident Lawyer can assist you in recovering monetary compensation.
Laws Regarding Boating in the United States
Congress established the Federal Boat Safety Act in 1971, which gave the U.S. The Coast Guard is in charge of defining the minimum criteria for watercraft safety equipment.
According to federal law, vessels must be equipped with Coast Guard-approved safety equipment such as flame arresters, visual distress signs, gas breathing systems, fire extinguishers, and sound warning devices.
Federal law additionally specifies the life jackets or personal floatation devices that everyone on board the vessel must wear. Consult a California Personal Injury Lawyer to help you navigate through the legal aspects of your accident.
Boating Laws in California
Watercraft owners and operators are subject to state regulations governing maintenance and operation. The operation of watercraft carelessly or recklessly could jeopardize another person or their property is illegal in California. The legislation prohibits watercraft in areas where swimmers congregate, among other things. It also prohibits a vessel from moving erratically or so that the boat must reduce speed or swerve unexpectedly to prevent a collision.
Boating speed limits are also enforced by California law. Operators are not permitted to drive at speeds greater than reasonable and reasonable in light of traffic, visibility, weather conditions, or other hazards. In addition, passengers are not permitted to sit on the bow or gunwale or anywhere else where they may fall overboard.
The law prohibits a boat from operating in hazardous conditions, such as a lack of fire extinguishers or life jackets, a fuel leak, the failure to display navigation lights, an excessive accumulation of water in the bilge, and inadequate ventilation.
Contact a California Personal Injury Attorney to apply the laws to your circumstances and see what you can do about it legally.
In California, any boat operator must follow both state and federal requirements.
The conduct of any vessel carelessly or negligently or in a manner that endangers any person's life, limb, or property is prohibited under California maritime law.
A boat operator must also maintain a safe speed while operating the vessel, taking into account traffic, weather, visibility, and the presence of other hazards. It would be best not to endanger swimmers, passengers on your boat, or other boat occupants.
Causes of Boating Accidents in California
Boating While Inebriated. Boating while intoxicated is a leading source of fatal accidents worldwide, and California is no different. Assume that facts such as police records, criminal charges, toxicology results, and witness testimony are used to determine it. In such a situation, your boating accident lawyer will help you obtain economic damages, which may include punitive damages in some cases involving drunk boating.
Speeding. When you operate a boat at high speeds, it becomes more difficult to control. In the event of an accident, it also raises the danger of passenger injury or death. However, accident reconstruction experts may be able to show that the injuries were caused by excessive speed.
Problems with the Equipment. Your California Personal Injury Attorney can consult with specialists who can locate the responsible parties and testify to the unsafe equipment that played a role in the boating disaster, whether the negligent manufacturing or design of the boat or a boat component caused or led to the boating accident.
Capsizing. Capsizing is considered to be one of the most common causes of boating accidents in California. It has the potential to cause severe and even deadly injuries.
Accidents involving propellers. Propellers have been known to cause severe lacerations and even amputations. In addition, propellers can cause traumatic brain injury, facial lacerations, and scarring if they come into contact with the head and ears. The boat operator's incompetence frequently causes propeller accidents.
Other common boating accident possibilities include collisions with other boats and deck slips and falls. Even if the boating operator was not breaking the law, negligence could play a role. An expert California Personal Injury Lawyer can assist you in determining whether or not you have grounds for a personal injury claim.
A boating accident attorney handles accident claims involving personal watercrafts such as jet skis and wave runners in response to all types of boating incidents.
How Do I Report A Boating Accident?
Watercraft operators in California are required by law to report boating incidents. All individuals and boats involved in the accident and those who offered aid to a wounded individual must have their names, contact information, and vessel registration numbers listed in the reports.
Additionally, if the accident results in any of the following, the boat owner or operator must submit a written statement to the California Department of Boating and Waterways:
If an individual vanishes or dies
If an injury necessitates medical attention in addition to first aid
If there's property damage of more than $5000 to all vessels and other property involved
If there is a possibility of harm or death, the report must be made within 48 hours of the incident. If the accident solely resulted in property destruction, the notice must be filed within 10 days after the incident.
Who is Responsible for Boating Accident Injuries?
When a person is injured in an automobile accident, it is usually because one (if not both) of the drivers should have done something differently to avoid the collision. However, boating is distinct in that it frequently involves natural forces, which are more common than in a non-weather-related car accident.
If you or a passenger is injured when your boat collides with another boat's wake, is hit by a wave, or collides with a submerged item like a rock or landmass, who is to blame?
You must first prove the other party's negligence to seek damages for a boating accident.
A single accident, on the other hand, does not prove that anyone was careless. Instead, to be considered negligent, an individual must have done or failed to act with appropriate caution, and that action was the cause of the injury.
If you've been in an automobile accident, your first step should almost probably be to try to resolve your disagreement with the at-fault driver's insurance company. Boat insurance is not needed in California, though. As a result, if you've been hurt as a result of a boat operator's negligence, filing a lawsuit is your only option for recovering your medical fees, collateral damage, and other damages.
Find A Boating Accident Attorney in California
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