California Boat Accident Attorney

In a state with as many lakes, islands, and coastlines as California, boating accidents are inevitable. Most accidents involving boats involve personal watercraft. On occasion, accidents occur on commercial vessels such as ferries and cruise ships. If you have been in a boat accident, you can reach us at (800) 816-1529.

The Law Office of Norman Gregory Fernandez & Associates is the best law firm in California for boat accident cases if you want aggressive and knowledgeable attorneys to represent you. We have a team of seasoned boating accident attorneys who have recovered tens of millions of dollars for victims of injuries.

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• If you have already been involved in a boating accident in California, you should immediately stop reading and contact our law firm at (800) 816-1529 Ext. 1 for a free telephone consultation. If we believe you have a case and can assist you, we will let you know over the phone.
• If we believe that we can be of assistance to you and you decide to retain our services, we can sign you up electronically using your smartphone, tablet, or computer.
• If you do not have medical insurance or a medical provider, we can refer you to a physician in your area who will treat you for free. Yes, this can all be done with a single phone call to our law firm. (Yes, even if you have no health insurance.) Every effort is made to simplify the process for you.

Attorneys for Boat Accidents in California

A California boating accident attorney from our firm can negotiate with insurance companies and adjusters on your behalf, allowing you to focus on recovery. In the interim, your personal injury attorney will diligently pursue maximum compensation for your maritime accident case.

Our attorneys have negotiated substantial settlements with insurance companies, frequently reaching the limits of the insurance policies. The attorneys at The Law Office of Norman Gregory Fernandez & Associates who specialize in boating accidents will vigorously defend your rights and help you obtain the best possible outcome. We will be with you every step of the way, giving your personal injury case the attention and care it deserves.

What Are the Most Common Boating Accident Causes?

According to the U.S. Coast Guard, these are the ten most common causes of boating accidents:

• Operator inattention – It is crucial for the boater to maintain vigilance and continuously monitor the boat’s position and speed. However, even the most experienced captain occasionally makes poor decisions. Unsafe or unpredictable weather patterns and unseen objects in the water (such as icebergs or floating debris) are complicating factors that can increase the likelihood of a boating accident. All boaters must remain as vigilant as possible to avoid these dangers.
• Improper lookout – Numerous large vessels, sailboats, and yachts use cameras atop the mast to maintain visibility of the vessel’s surroundings. These cameras must be regularly maintained and monitored to prevent boat collisions and groundings.
• Inexperienced recreational boaters – Anyone who operates a vessel must have the proper training. It is possible for an accident to occur when an inexperienced boater disregards the proper protocols.
• Excessive speed – Excessive speed contributes to some of the worst boating accidents. Similar to driving a car, speed is an essential aspect of safe boating, especially when avoiding collisions with other vessels and grounding.
• Impaired operation – It is common for boaters to consume alcohol. As with driving a car, however, you should always have a designated captain or boat driver. The use of alcohol or drugs on boats is one of the leading causes of fatal boating accidents. In fact, in the state of California, a BAC of 0.08 percent or higher is considered legally intoxicated while boating. (Boating While Intoxicated)
• Equipment failure – Avoid equipment failure by performing regular maintenance checks. This helps to ensure optimal operational safety. According to many sailors, the true essence of boating occurs while still at the docks. If your checklist is incomplete while you are at sea, disaster may ensue. Follow your checklist meticulously to ensure a safe return to the docks after each sailing excursion.
• Dangerous waters – The majority of experienced captains are able to predict water conditions at all times of the day using cutting-edge instruments and keen natural instincts. However, water conditions can change in a matter of minutes, and there is no perfect captain. You cannot always avoid dangerous waters, but you can always take the necessary safety precautions.
• Weather – Thanks to modern boating instruments and technology, weather patterns have become considerably more predictable. However, many accidents occur because overzealous boaters disregard weather forecasts.
• Large waves or wakes – Large waves and wakes from other vessels are hazardous, particularly if they arrive unexpectedly. Large waves are a common occurrence for open-ocean commercial fishing vessels, and smaller vessels must always be aware of barges and other large ship wakes.

You may have heard the expression, “There are no laws in international waters.” In most waters, there are many maritime regulations. If boating enthusiasts and sailors disregard these guidelines, they may be involved in a boating accident that results in catastrophic injuries.

Which Boating Accident Types Must Be Reported?

You may be surprised to learn that not all boating accidents are required to be reported. According to federal regulations in the United States, a boat operator must report the following boating accidents:

• Following a person’s demise;
• If a person is injured and requires medical treatment beyond first aid;
• If the boat or watercraft sustains more than $2,000 in damage;

The boat operator should immediately report any of the following, preferably in the jurisdiction where the accident occurred. After contacting emergency authorities, medical personnel, and filing an accident report, you should call The Law Office of Norman Gregory Fernandez & Associates to discuss your boat accident claim.

In 2016, there were nearly 3,000 boating accident injuries and 701 fatalities in the United States.

Frequent Boating Accident Injuries

Victims of accidents involving water sports are susceptible to numerous severe injuries. In a boating accident, the head, legs, and arms are most likely to sustain injuries.

• Accidents involving boats can result in severe bodily harm, including:
• Traumatic brain injury;
• Trauma to the head
• Trauma to the spinal cord • Paraplegia • Quadriplegia
• Coma
• Fractured skeleton

You can rely on us to assist you with your personal injury claim because our California boating accident attorneys have experience handling cases involving the most severe injuries.

Statistics on Boat Accidents and Personal Watercraft

Boating is one of the most enjoyable pastimes in life. Additionally, it is among the most productive commercial industries. Boating has everything, with tourism, rentals, private ownership, and commercial vessels continuously contributing to the economy.

People fill their gas tanks, clean their decks, and head out onto the open water every day. The majority of states have boating seasons. In California, it is possible to go boating year-round in the Pacific Ocean or on one of the region’s numerous beautiful lakes and rivers.

However, with the massive volume of multi-seasonal boating comes a high incidence of boating and shipping accidents and fatalities.

The United States Coast Guard compiles annual statistics on boating accidents. These statistics were collected from boat owners and operators of boats and watercraft involved in accidents.

Here are some of the most recent California statistics on boating accidents:

• There were 324 reported boating accidents in 2019;
• 37 fatal boating accidents occurred in 2019.
• Over the past five years, California has had the second-most boating accidents, second only to Florida.
• In 2019, 130 people sustained non-fatal injuries as a result of a boating accident.
• Boating accidents caused over $7,000,000 in damages to Californians.

If you or someone you know has been injured in a boating accident caused by another party’s negligence, including any of these or other causes, it is in your best interest to contact a boat accident attorney immediately.

An experienced boating accident attorney from The Law Office of Norman Gregory Fernandez & Associates can assist you in obtaining maximum compensation. Learn more about our award-winning boating accident law firm in California.

We hope you’re never in a position where you need representation for a boating accident, but if you do, we’re here to help!

Who is responsible for Boating Accidents?

Determining liability after an accident involving a recreational boat can be difficult. Therefore, this should be handled by professionals in personal injury law and maritime law.

A person in a lake, ocean, sea, or river who has been struck by a boat, jet ski, or other personal watercraft is likely to have severe and difficult-to-manage injuries, necessitating a consultation with an experienced and aggressive boating accident attorney. An experienced watercraft accident attorney will not only determine who is at fault for your accident, but will also collect the necessary evidence to prove fault and obtain the compensation you deserve.

One or more of the following parties may be held responsible for a boating accident:

• Distracted or negligent boat operators – When boat operators do not pay full attention to what they are doing or fail to adhere to safety protocols, they endanger themselves, their passengers, and others on the water. Distracted or negligent boat operators can cause accidents that result in serious injuries.
• Intoxicated boat or ship operator – Similar to driving under the influence, boating under the influence is prohibited. A boat or ship operator who is impaired is liable for any accidents or injuries they cause.
• Boat designer – Boats are designed for seafaring and include distinct features based on their intended function. A malfunction caused by a faulty boat design can lead to an accident.
• Boat manufacturer – Defective boat parts may develop at any stage of the manufacturing process, resulting in a vessel that is more likely to malfunction and cause an accident.
• Boat captain, crew members, or other personnel – A small error by a boat passenger can easily result in an accident if he or she is not cautious. This can include improper operation of the vessel, poor communication with crew members and passengers, and improper upkeep of onboard premises that creates hazards, among others.

Every accident is unique, and boating accidents are no exception. As with any other type of accident, you must have evidence to support your personal injury claim if you have been injured in a boating accident.

Quality evidence is essential to winning your boat accident case. Consider all potential witnesses, such as lifeguards or coast guardsmen who may have rendered aid, other boaters, nearby swimmers, etc.

Boat Accident Compensation in the California Region

A personal injury attorney can increase your chances of recovering full compensation for your medical bills, lost wages, pain and suffering, and other damages. In addition, they can arrange for medical treatment that would be difficult to obtain without medical insurance or a doctor willing to work on a lien basis.

At The Law Office of Norman Gregory Fernandez & Associates, our boating accident attorneys can help you obtain financial compensation and connect you with medical providers who will treat you for no up-front fees.

Contact a lawyer at The Law Office of Norman Gregory Fernandez & Associates for a free consultation if you or someone you know was injured in an accident while swimming, participating in water sports, or operating a watercraft. 800-816-1529.

What should you do first in the event of a boating accident?

A California attorney specializing in boating accidents recommends the following actions immediately following an incident:

• Seek medical attention for yourself and others who are in need. Utilize any available first aid kits and wait for assistance from the Coast Guard or other emergency responders.
• Do not abandon ship to assist others unless it is absolutely necessary. Ensure that you can safely return to your vessel.
• Report the incident in accordance with federal regulations. A boating accident report could be useful later on in a personal injury case.
• If you admit fault or guilt, you run the risk of being sued or having your injury claim denied.
• Collect details regarding the boating accident, including photographic evidence, witness statements, contact information, and insurance company names. Document the location of the accident, any visible injuries, and property damage.

FAQ

How frequently do individuals drown in boating accidents?

40% of drowning deaths are attributable to boating. If a family member drowned in a boating accident, you may have the right to file a wrongful death lawsuit. Alternately, if a boating accident results in injuries but no fatalities, this could be the basis for a personal injury lawsuit.

How long do you have after an accident to file a lawsuit?

A civil action for damages for personal injury or death resulting from a boating accident must be filed within three years of the accident’s date, per federal law. Depending on the location of the accident, it may be necessary to apply the state’s statute of limitations. Generally, the statute of limitations in California is two years. There are numerous variables that can affect the statute of limitations for filing a personal injury claim; therefore, you should consult with a personal injury attorney to better understand the specifics of your case.

What are California’s boating regulations?

Below are some of California’s fundamental boating laws:

• The minimum age to operate a vessel with more than 15 horsepower is 16. (hp).
• Boaters under 25 years of age are required to complete a state-approved safety course.
• California law prohibits boating under the influence of alcohol.
• Certain boating accidents must be reported to authorities.

In California, how close can a boat get to the beach?

According to the California Division of Boating and Waterways Operational Law, it is illegal to operate a vessel faster than five miles per hour within 100 feet of a swimmer or surfer or within 200 feet of a beach frequented by swimmers.

Consult with a California Boat Accident Lawyer

When you are not at fault for a boating accident, you must have an experienced California boating accident attorney on your side. Call The Law Office of Norman Gregory Fernandez & Associates at 800-816-1529 or fill out our online form to speak with a personal injury attorney.

GENERAL INFORMATION REGARDING BOAT ACCIDENTS IN CALIFORNIA

Every year, boating accidents result in thousands of injuries and hundreds of fatalities. On private boats, cruise ships, water skis, jet skis, ferries, and other types of watercraft, these accidents can occur.

Due to the high number of boats in California, boating accidents are particularly prevalent there. There are nearly 900,000 registered vessels in California.

In a recent year, California reported 744 boating accidents that resulted in 439 injuries and 44 fatalities. These boating incidents caused over $4 million in property damage.

Preserving evidence in boating accidents, like other accidents involving watercraft, is important and, at times, crucial. If you or a family member has been injured in a boating accident, you should immediately consult with an experienced law firm like ours.

Reasons for Boat Crashes

Almost all boating mishaps are preventable. The vast majority of boating mishaps are the result of operator inexperience or negligence. Many boat operators grossly underestimate the inherent dangers of boating. Recently, the State of California disclosed that capsizing was the leading cause of fatal boating accidents, followed by collisions with other boats or vessels and people falling overboard.

The consumption of alcohol is a major contributor to numerous boating accidents. The United States Coast Guard reports that boat operators with a blood alcohol concentration of 0.10 or higher are more than ten times more likely to die in a boating accident than sober operators.

In California, 38% of fatal boating accidents were associated with alcohol consumption. Two-thirds of these fatalities involved boat passengers.

Boat Accident Reporting

The law in California requires operators of boats and watercraft to report accidents. In California, boat operators are required to provide their names, addresses, and fishing boat registration numbers to other parties as well as render aid to any injured parties.

In addition, the operator or owner must file a written report with the California Department of Boating and Waterways if the accident resulted in:

• death or disappearance of a person;
• injury requiring medical treatment beyond first aid;
• or property damage in excess of $500 to all vessels, docks, and other property involved in the accident;
• or total loss of a vessel.

This report must be filed within 48 hours in the case of death, injury, or disappearance, or within 10 days in the case of property damage alone.

The law is comparable to automobile reporting requirements, with the addition of an obligation to assist injured individuals.

California’s fundamental boating statutes

In maintaining and operating their vessels, boat owners and operators must comply with both federal and state regulations.

The law of California prohibits the reckless or negligent operation of a vessel so as to endanger the life, limb, or property of any individual on board. This includes operating close to or through areas frequented by swimmers or divers, operating in such a way that a vessel must abruptly swerve or reduce speed to avoid a collision, or operating erratically.

Additionally, California law prohibits operating a vessel at an unsafe speed. A dangerous speed is one that is not reasonable and prudent in light of boating traffic, weather conditions, visibility, or other potential hazards.

In addition, California law prohibits riding on the bow, gunwales, or any other location where a person could fall overboard.

Additionally, it is unlawful to operate a vessel in such a way as to endanger the passengers or other people on the waterway.

Unsafe conditions include insufficient life jackets or fire extinguishers, failure to display navigation lights, fuel leaks, inadequate ventilation, and excessive water accumulation in the bilge.

In addition, boating is governed by federal laws and regulations. In 1971, Congress passed the Federal Boat Safety Act. This act charged the United States Coast Guard with establishing boat safety equipment standards. Certain safety devices approved by the United States Coast Guard are required by federal law. These devices consist of gas ventilation devices, flame arrestors, fire extinguishers, visual distress signals, and sound generating devices. In addition, federal regulations mandate that each passenger wear a personal flotation device (PFD) or life vest of a specific type.

Lawyers for Boat Accidents in California

If you or a loved one has been injured in a boating accident, it is imperative that you retain a competent attorney and law firm as soon as possible. In these types of cases, we have the experience, expertise, and resources necessary to obtain for you the compensation you deserve. For a free consultation, please contact us at 800-816-1529 x1.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates The Law offices of Norman Gregory Fernandez & Associates has almost 3 decades of experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1.

You may download our California Accident App for iTunes and Android by going to our California Accident App page by clicking here. The app will enable you to record all information related to your boat injury accident and transmit it to our office.