BOATING ACCIDENTS

California Boating Accident Lawyer

Assuming you or someone close to you has experienced a boating accident, you will understand better the anguish associated with it.

It is never a pleasant situation to have anyone deal with accident of any sort, and a boating accident is no exception. Boating accidents occur for various reasons, and unlike the familiar car accidents, the legal proceedings can differ greatly. This is a major reason why you need the services of a boating accident attorney who can help you determine who is liable and if there is compensation to be had.

Call 844-85-LEGAL To Schedule A Free Consultation With A Boating Accident Attorney.

Causes Of Boating Accidents

According to the United States Coast Guard, boat accidents go further than just collisions. It covers cases where boat passengers either disappear, die, and/or are injured. Factors that could lead to boating accidents include:

Boating Under The Influence

It is recorded that over one third of boating accidents occur because the boat operator are under the influence of alcohol. This comes in the face of the existing laws that condemn all drivers from driving under the influence. Also, heavy fines are imposed on anyone convicted of this offense. However, many are still very much unaware of the existence of this law. You’re entitled to damages if you get injured as a result of your boat operator’s intoxication. Its best to avoid going on board if you notice that your supposed captain may be under the influence of alcohol or other drugs. It is crucial that you do your part in avoiding potential accident by not boarding the boat, but in the situations where it happens anyway, we ensure you that your boat’s operator is subjected to strict legal liability.

CLICK HERE

Fill out our Free Case Evaluation form so we can review your claim.

NO UPFRONT COSTS. WE DO NOT GET PAID UNLESS YOU DO.

Unfavorable Weather

Unfavorable weather is another outstanding cause of boating accidents. Severe weather such as storms and heavy rain is definitely a good time to avoid water activities. In fact, it’s best to ask your rider to turn around and head for the shore immediately if you notice that the weather is changing or a storm is coming in. It could be pretty difficult for sailors to keep their boats afloat in severe weather, and collisions are much more likely in these types of conditions. Exposure to sunlight for a long period of time could lead to heat exhaustion and other heat related illnesses. Your rider’s negligence of precautions to curtail these unfortunate situations sets him/her up to be liable for civil damages. Our role is to ensure that you get compensated appropriately for situations like these.

Toxicity

Passengers who are exposed to toxic fumes from the boat vessels are susceptible to serious health injuries or even death. Boat engines produce lots of carbon monoxide which is actually very dangerous to the health. Damages to your health as a result of a malfunctioning vessel means that the boat operator did not do a thorough check of the boat before using. We are here to make certain that your boat operator is liable for the injuries to your health as a result of this malfunction.

Negligence Of Boating Guidelines

The United States Coast Guard and other associated agencies have set forth guidelines that when followed strictly, help to curb/reduce boating accidents. Some boaters deliberately and some others without knowing break these rules and often times arrive in unpleasant situations like damage to properties or even to persons on the boat. Negligence is a general rule when it comes to boating accidents and handing over these cases to us means that we will analyze the scenario and then go further to ensure that any injury sustained is compensated for appropriately.

A careful analysis of the causes of boating accidents as seen above would ensure you the critical role an injury lawyer can play to help you recoup your losses after a boating accident.

844-85-LEGAL

Call Now To Schedule A Free Consultation With A Boating Accident Attorney.

NO UPFRONT COSTS. WE DO NOT GET PAID UNLESS YOU DO.

The Role We Play

The part we play is very vital and if it’s to be described in a few words that would be, “we will take it over.” Using our services would mean that we have taken over the situation holistically. From representing you throughout the case to consultations, preparation of your case and communication with all parties. You should not be scared to get in contact with us as we do not charge you for consultation. Our primary aim is to ensure that you get recompensated for what you had to go through, and by our policy only after a successful case would be get paid . This goes on to further emphasize the importance of each case to us.

You are certainly entitled to some damages if a boat operator is negligent in his/her dealings which result in you getting injured. We ensure you that we follow through with the legal process on your behalf to get these damages paid to you. Such damages include –

  • Medical bills (a reasonable amount)
  • Damages for your pain and suffering
  • Damages for your lost earnings and earnings capacity.

Personal Injury Claims And Liability

As earlier mentioned, you might be unfortunate to be caught up in a boat accident which might arise from various causes. There are federal and state laws governing boating. We’ll talk about a few of the causes of these accidents and what to consider before making any claims.

Negligence is a common cause of boating accident but this does not in any way mean that just because you are injured it is as a result of negligence by the boat driver. Remember that negligence is failure to act with care. We take up the responsibility of proving beyond a reasonable doubt that your injury was sustained as a result of negligence.

How Does A Negligence Claim Work?

When Boats Collide Into Each Other

When two motorboats collide, both operators are usually at fault, at least partially. Just like in the case of car accidents, passengers on either boats that get injured would have a case against both operators. In cases where one of the operators is injured, the injured operator has a case against the other operator if he/she was less than 50% responsible for the accident. The rules of the road which is a guideline for safe boating practices clearly states that motorboats should steer clear from the path of a sailboat. This is largely because if an accident should occur, the motorboat stands a higher chance of getting damaged when compared to the sailboat. We ensure that your case is carefully dissected and at the end an appropriate liability is paid to you.

CLICK HERE

Fill out our Free Case Evaluation form so we can review your claim.

NO UPFRONT COSTS. WE DO NOT GET PAID UNLESS YOU DO.

When A Boat’s Wake Is Hit

Passengers could be knocked down from their seats or even thrown overboard in the face of a wake. The boat operator is directed by law to be mindful for anything that might lead to a wake accident. This is really a tricky one because the legal liability of a wake accident is sort of ambiguous and the liability foisted on the operator is drawn from circumstances like –

  • Traffic in the region of accident
  • The speed of the boat
  • The size of the wake
  • Prior notice to passengers when approaching the wake
  • The type of boat the passenger is on (motorboat or sailboat)

It’s also worthy to note that if boating accident occurs in an isolated area of the water then the other boat whose operator is not responsible for the wave does not have any fault. In a similar situation, the above listed circumstances affect how claims of a wave accident is made due to a boat operator’s negligence.

These are very similar types of accident that differ by the number of boats involved. While more than one boat is involved in a wake accident, just one boat is involved in a wave accident.

Collisions With Rocks Or Land

Poor visibility in the water could lead a boat operator to run into some submerged objects. It can happen even in cases where visibility is not a challenge. Claims of liability for this type of negligence is dependent on the circumstances surrounding the collision. If an operator is running at a great speed without GPS, especially in a dense fog, and he runs into any object, It could easily be claimed that he/she displayed negligence. However, if an operator unfortunately runs into a submerged object, rock or land while driving cautiously and with a GPS, this might not be seen as negligence.

Unavailability Of Safety Equipment On Board

The guiding laws clearly state that certain safety equipment should always be available on the boat regardless of its size. The availability of these safety equipment on board does not guarantee the non occurrence of accidents, but it is very instrumental in rescuing affected passengers. If you or any of your loved ones happen to be a victim of a boating accident due to the unavailability of safety equipment on board, we can help you file a legitimate claim negligence against the boat owner.

844-85-LEGAL

Call Now To Schedule A Free Consultation With A Boating Accident Attorney.

NO UPFRONT COSTS. WE DO NOT GET PAID UNLESS YOU DO.