Boating can be a relaxing activity for many people, but it is not without risks. Boating accidents happen every day, even to experienced drivers and passengers. The dangers of boating include drowning and many physically devastating injuries. After a boat accident caused by another party, you can work with a California boat accident attorney to secure compensation.
Boat accidents are defined as incidents in which a watercraft catches fire, capsizes, or collides with another vessel or an underwater obstruction. While boat accidents are less than likely, it is vital to be aware of the laws that apply to these accidents in order to protect yourself and your loved ones while on the water.
What Are Boat Operators Required to Do When Involved in an Accident in California?
If you’re involved in a boat accident, the first thing you should do is stop the boat, ensure everyone’s safety or call for help, and seek medical attention for any injuries. Next, you should exchange information with anyone else involved, including contact information, the details of the vessel, and insurance information.
Be sure to document the scene of the accident with photos and videos. If an accident results in a death, a disappearance, property damage worth more than $500, or serious injuries, you must report it to the California State Parks Division of Boating and Waterways. If you fail to do so, you could be charged with a misdemeanor.
Common Types of Boating Accidents
Collisions on the water are sometimes unavoidable, so consider your boat at risk just as you would your car. Boat accidents can happen in a number of different ways. Some of the most commonly reported boat accidents are:
- Bow collisions, or striking another boat head-on
- Stern collisions, or striking the back of another boat
- Side collisions
- Allisions, or a boat striking a stationary object
Common Causes of Boating Accidents
Most boating accidents happen because of negligence, or a breach of duty of care, but there are other factors, such as inclement weather, which can also contribute to an accident. Read on for some common causes of maritime incidents:
- Operator inattention: Riding too close to other vessels, texting or talking on the phone
- Inclement weather: Dangerous water and weather conditions like low visibility and tall waves due to storms, winds, fog, and ice
- Equipment failure: Engine failure or malfunction and subsequent loss of control
- Human error: Navigation failure due to misjudgment or inexperience, communication error with other ships, or lack of proper monitoring
- Reckless operation: Boating while intoxicated, speeding, or disobeying boating laws
Liability in a Boating Accident
To recover compensation from a boating accident, it is necessary to establish which party was negligent. However, even if an injury was sustained, negligence on the part of another cannot always be established. If a person was negligent, they must have acted without reasonable care.
California does not require boat insurance. If your accident was caused by another operator without insurance, you may still be able to recoup compensation for any property damage, medical treatment, pain and suffering, lost wages, and other losses through a personal injury claim.
FAQs
Q: What Is the First Action Required of a Boat Operator Involved in a Boating Accident?
A: An operator involved in a boating accident must always remember to do the following to ensure safety protocol for themselves, their passengers, and others on the water:
- Stop the vessel immediately at the scene of the accident.
- Help anyone who is in danger or was injured unless doing so would seriously endanger their own vessel or passengers.
- Exchange their name, address, and vessel identification (registration number) in writing to anyone injured and to the owner of any property damaged by the accident.
Q: What Are the 3 Major Responsibilities Every Vessel Operator Should Perform to Prevent Collisions?
A: Every boat operator should take the following steps:
- Consider factors like the weather, boat traffic, and the number and type of vessels around you at all times.
- Sight and hearing are part of lookout protocol, so watch and listen for not just other vessels but radio communications and others in the water who may be engaged in recreational activities such as swimming and fishing.
- Maintain safe speeds to ensure you will have plenty of time to avoid a collision. Your speed may vary according to the wind, water conditions, visibility, traffic, and other factors.
Q: How Long Do You Have to Report a Boating Accident in California?
A: Boating operators must report the incident immediately. A written boating accident report is required within 48 hours of the accident, but if the vessel is completely lost and a passenger dies after more than 24 hours, then the report is due within ten days. Make a report if any of the following happens:
- Victims suffered serious injury or death as a result of the accident
- Disappearances
- Economic damages exceeding $500
- Total loss of a vehicle
Q: How Do You Respond to a Boating Accident?
A: Your first action is to stop the boat immediately before anything else and help people who might be injured. Next, assess yourself and your passengers for any injuries, as well as anyone on the other vessel that was struck, if there was one.
If you suspect any injuries, contact the authorities immediately for help. Finally, provide your information, including your name, address, phone number, and the registration number of your vehicle, to any other boat operators involved.
Guenard and Bozarth, LLP, Can Help With Your Boat Accident
At Guenard and Bozarth, LLP, we understand the complexities of boating accidents and are ready to work with you on your boat accident claim. Our team employs a personalized approach that offers both empathy and aggressive dedication to seeking the compensation you deserve.
Boating accidents may involve different circumstances than everyday motor vehicle collisions, but we can help you understand how the law impacts you in your unique situation. If you’re in need of a California boat accident attorney in the wake of an accident, do not hesitate to contact our office for a consultation.
