Elk Grove Boating Accident Lawyer
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Elk Grove Boating Accident Attorney
Many people flock to beaches and lakes for a relaxing getaway. Most do not expect to endure injuries as a result of a boating accident in the water. When an accident occurs, you may not know what steps to take to ensure you are protected from the consequences. If the incident leaves you injured, you can seek compensation with the help of an Elk Grove boating accident lawyer from Guenard & Bozarth, LLP.
Accidents that occur on the water are regulated by a different set of legal parameters than those that occur on land. Likewise, boating accidents are subject to different rules and consequences than automobile accidents. These incidents are regulated by the California State Parks Division of Boating and Waterways (DBW.) Our legal team can help you navigate the process of reporting your injury and filing a claim for proper compensation.
Possible Causes of Boating Accidents
With so much open space on the water, it’s easy to forget that collisions and other mechanical failures can occur. The water presents an entirely different set of dangers that not all boat operators can anticipate. Some common causes of boating accidents are:
- Lapse in attention
- Inexperienced operator
- Excessive speed
- Overloading or improper loading
- Machinery failure
- Improper anchoring
- Inability to steer
These can all lead to a boating accident, consequently putting the lives of everyone onboard and nearby at risk.
Types of Boating Accidents That Can Occur in California
Even with proper regulations in place, boating accidents can happen at any time due to hazardous objects and unexpected equipment malfunctions. Capable boating operators may avoid hazardous objects, but the ever-changing state of the water can prove extraordinarily challenging. Some boating accidents that have been reported include:
- Capsizing
- Collisions with other vessels and objects in the water
- Being struck by another boat’s propeller
- Persons falling overboard
- Flooding
- Sinking
What Steps Should Boat Operators Take When Involved in an Accident in California?
As a boat operator or capable bystander, you can help at the scene of the accident. When you witness a boating accident, there are several steps you can take to assist in the safety of all parties involved.
First, stop the vessel. A vessel in motion is much more difficult to control or provide assistance to than one that is still in motion. Here, you should assess your surroundings for any immediate hazards. Check for injured passengers. You should note all of this to provide nearby authorities with a clear scope of the situation.
If anyone has fallen overboard during the accident, try your hardest to prevent them from drowning.
Contact Law Enforcement
Next, contact authorities for immediate assistance. Since you are on the water, you may benefit from contacting offshore-specific authorities, although you should first call 911. A dispatcher can contact the Coast Guard on your behalf if the accident requires specific marine activity. Additionally, you could seek aid from harbor patrol or nearby marine police if you are close to the shore.
Document the scene of the accident if you are able to. Consider passenger injuries, property damages, and extraneous details. Photographs can be helpful later on when you report the incident. For people seeking to collect compensation for injuries, evidence is crucial. File a report with the California Division of Boating and Waterways (DBW.) Reports must be filed within 48 hours of the incident if:
- A death occurred within 24 hours
- A person disappeared
- Someone has sustained an injury beyond first aid
These reports may not be used to seek compensation. Instead, these reports are used by the DBW to develop new safety strategies and preventative measures for future boating incidents. This is a strict deadline, and failing to report a boating accident within the correct time frame can lead to a misdemeanor charge. However, there are circumstances where the time frame may be extended to 10 days from the accident. These circumstances are if:
- A person died more than 24 hours past the accident or
Injuries as a Result of Boating Accidents
The injuries that can occur from boating accidents range from mild to fatal. The possibility of drowning can be heightened if you incur other types of injuries that impair your ability to swim. With non-fatal injuries, you can still file a claim for compensation. Some of the most common examples of boating accident injuries are:
- Broken bones
- Lacerations
- Burns
- Whiplash
- Neck and spinal cord injuries
- Head and brain injuries
- Drowning
After the incident has occurred, it is important to seek medical care on your own. Your safety is a priority, and the physical effects of a boating accident can follow you for a long time if they are not checked. Talk to a medical professional to determine what kind of healthcare you need, as well as what costs you can expect to pay. Keep documentation of these visits. This documentation will be necessary when determining the amount of compensation to ask for.
Personal Injury and Wrongful Death Claims From a California Boating Accident
Vehicles that are not boats (jet skis and wave-runners) are still subject to particular rules of operation in the water. They are all considered watercraft, though the terms of their operation differ based on power. For example, the minimum age to operate a watercraft that has less than 15 horsepower is much lower than the minimum age for a watercraft with more horsepower.
Negligent behavior can result in hazardous situations for all parties involved. Recklessness and negligence are similar to their land-based counterparts in that they endanger people. A common example of reckless boating is coming too close with your watercraft to someone else’s watercraft or maneuvering in a way that causes another driver to crash. You also risk injuring nearby swimmers, divers, and waterskiers.
Similar to driving, boating is also subject to DWI restrictions. Penalties for a collision or accident that occurs while a driver is under the influence of alcohol or other impairing substances can be enhanced from their original charge.
Statute of Limitations
There is a strict statute of limitations on filing personal injury or wrongful death claims that you cannot miss, or else you risk dismissal of your claim. Luckily, this is much longer than the 2- or 10-day deadline for reporting a boating accident. The statute of limitations for personal injury claims is two years following the date of the accident.
Ideally, you will seek compensation through the responsible party’s insurance first before filing a personal injury claim. For these claims, it is necessary to prove fault, although you may have more difficulty levying a personal injury claim against an individual.
When a Boating Accident Results in Property Damage
Property damage involves all personal property you had on the boat at the time of the accident, including the boat itself. You are allowed to request compensation for damaged property in your claim. Accidents that can cause damage to your boat include flooding or collision. Alternatively, if you have fallen overboard and incurred damage to property on your person, you can collect compensation for this, too.
How Much Compensation Can I Ask For?
Calculating damages for a boating accident injury is a complicated process. You must look at how much medical care is necessary and if it will be ongoing. You can also look at the severity of the injury. If the accident caused you to be disabled or disfigured, you may qualify for higher compensation.
Calculating your economic losses can be challenging on its own, but you could also collect compensation for non-economic losses like pain and suffering. These are more difficult to quantify because they do not have a designated amount on which to base compensation.
Pain and suffering can look like a diminished quality of life, grief, depression, or an inability to conduct your life as you did before the accident. It can be difficult to prove due to how emotionally charged it is, but it can be proven through witness testimony, medical reports, and loss of wages.
What Are Boat Operators Required to Do When Involved in an Accident in California?
Boat operators are required to report all accidents to the DBW. The DBW collects the data from this report and analyzes it to create updated, relevant regulations for boating. Each year, a study is released that reports on accidents, fatalities, and injuries.
If the situation is not an emergency, a boating operator may not choose to contact authorities for immediate assistance. However, they may still wish to contact the company that insures the boat.
Do All Boating Operators Have Insurance on Their Boats?
California does not legally require people to insure their recreational-use boats, although it is highly recommended. Other agencies, like marinas, leasing firms, and lending institutions, may require boats to have a minimum insurance policy.
On the other hand, passenger-carrying boats have more stringent requirements for operation. The DBW requires all boats that carry passengers on a for-hire basis to meet the following requirements:
- Personal flotation devices and ring buoys on hand. These must be readily accessible and provided at an appropriate size for the passengers using it.
- Fire extinguishers. These are required for all passenger-carrying vessels regardless of the vessel’s size.
- Adequate engine ventilation. A mechanical bower with an external blower switch is required if the vessel has any enclosed fuel compartments and is powered by gasoline.
There are strict rules for insurance when it comes to passenger-carrying vessels. They must provide insurance that covers compensation for property damage, bodily injury and death. The minimum amount is dependent on the passenger capacity. The insurance policy must also be provided in a manner approved by the Public Utilities Commission (PUC.)
What Can I Do for a Successful Boating Injury Claim?
Like the driver of a car, the operator of a boat is responsible for the well-being of its passengers. Boat operators must take preventative measures while on the water to ensure safety. If their negligent behavior caused the accident in which you were injured, they may be liable to your request for compensation.
In order to levy a successful boating injury claim, you must prove fault for the accident you endured. For matters of machinery and equipment malfunctions, an experienced boating accident lawyer can help you file a claim against the manufacturer rather than the boat operator. You must prove your injury was a result of that malfunction, or else you risk dismissal of the case. In matters of boat operator negligence, you must prove that:
- The boat operator was responsible for your well-being
- They were negligent
- That negligence directly caused the accident
- You sustained verifiable injuries as a result of the accident
To prove this, you will need as much evidence as you can find. Photographs are particularly useful, as they allow others to see the situation as you did. Photographic evidence of negligent behaviors can look like blood on the boat at the place of impact, exposed hazards, and evidence of alcohol consumption.
Witness Testimonies
Witness testimonies are also helpful. Discuss the situation with other passengers. Witnesses can give written testimonials as to what occurred, along with their contact information. This is valuable evidence and can help establish a broader scope of circumstance for the judge if your case goes to trial. If the Coast Guard is involved, they can file a separate Incident Investigative Report, which references any safety violations and penalties. These can bolster your claim.
It is possible that the claim you make is not against the boat operator but against someone else, like a passenger. Proving liability requires a thorough investigation and immense scrutiny. An Elk Grove boating accident lawyer can help you decide which path of compensation is ideal in your situation.
Why Do I Need a Boating Accident Attorney?
California does not require an injured person to hire an attorney, but it is highly advisable. There are many complex legal terms and processes that are overwhelmingly challenging for the average civilian. Boating accidents can be especially difficult to pursue due to the potential inclusion of maritime law.
A skilled boating accident attorney from Guenard & Bozarth, LLP, can help ease the burden of litigation from you while you recover from your injuries. We can look at the facts of your case and develop a compelling argument that meets your unique needs. We do so with care and consideration so you can feel supported from a legal and emotional standpoint.
FAQs
Q: What Is the First Action Required of a Boat Operator Who Witnesses a Boating Accident?
A: The first action required of any boat operator who witnesses a boating accident is to bring the vessel to a halt. Once that is done, they should alert authorities immediately for assistance. If anyone has fallen overboard and cannot return to the boat safely, they should try their hardest to prevent them from drowning.
Q: How Many Boating Accidents Can Be Attributed to Faulty Boat Equipment?
A: The US Coast Guard has annually reported the causes of boating accidents, one of which is faulty boat equipment. Faulty equipment accounted for 60 accidents, 6 deaths, and 15 injuries. Faulty machinery, which the US Coast Guard categorizes separately, accounted for 289 accidents, 13 deaths, and 69 injuries. In total, the failure of a boat and its equipment accounted for 414 accidents, 25 deaths, and 90 injuries.
Q: What Information Do I Have to Report for a Boating Accident in California?
A: To report a boating accident in California, you need to know the following information:
- How many people were involved
- The type of boating accident
- What caused the accident
- Weather conditions
- Location of the incident
- Injuries across all parties
- The type of boat
- The boat’s activity at the time of the accident
To see the full list of necessary information, you can check out the forms online through the DBW website.
Q: Do I Need an Attorney for a Boating Accident Claim in California?
A: No, you do not need an attorney for a boating accident claim in California, but you can benefit from having a knowledgeable legal representative on your side. Hiring an attorney to help you with your claim can take some of the burden off of you, allowing you to focus on recovering from any injuries you sustained. An attorney can be a tireless advocate for you in court, creating a compelling case on your behalf.
Choosing Guenard & Bozarth, LLP
Our firm is dedicated to achieving the compensation you deserve. We have the legal resources required to take your case to litigation if necessary. Our empathy coupled with our aggressive advocacy in court have resulted in many successful claims and satisfied clients.
If you have suffered an injury or personal loss due to a boating accident, contact us today to schedule a consultation. Our seasoned Elk Grove boating accident lawyers are eager to help you with your injury claim. With our legal team on your side, you can rest assured that you are getting the quality legal representation you deserve. Time is of the essence, so it’s critical that you work quickly to secure the legal help you need.
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We fight back when legitimate claims are unfairly denied by insurance companies.
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Bad faith litigation is becoming more common as the insurance industry continues to engage in dishonest practices that trample the rights of policyholders.
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CAR ACCIDENT INJURY
Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012
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HAIR SALON INJURY
Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.
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Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.
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NEGLIGENCE INJURY
On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.
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