Boating is a popular activity in California, with estimates of boats (including motorized and non-motorized boats) in the state exceeding 2 million. It is perhaps remarkable that, with all these boats and all the days suitable for boating, the state only experiences an average of 400 boating accidents and 39 boating deaths per year. However, when these accidents occur, the consequences can be serious. 

If you were involved in a serious boating accident or lost a loved one in a boating accident that was not your fault – or not entirely your fault – you may be eligible for compensation. At Fisher & Talwar, we have helped many people get compensation for accident injuries, including boating accident injuries. We can help you, too. Please contact us today for a free initial consultation. It’s completely confidential and there’s no obligation.

What Steps Should I Take after a Boating Accident in California?

After a boating accident, it is important to take steps as soon as possible to protect your life, the lives of others, and to preserve your right to compensation after the accident. If you are able to do so, take these steps after a boating accident:

  • Contact the Coast Guard: Timely assistance can make all the difference for people who have suffered injuries in a boating accident, especially those who are or were in the water. When an accident occurs, your first step should be to contact the Coast Guard for assistance.
  • Provide assistance as appropriate: Sometimes, your assistance could be life-saving to family, friends, and strangers in the aftermath of a boating accident. However, if you aren’t properly trained and equipped to help, you can make the situation worse, including jeopardizing your life or the life of the person you are trying to save. Don’t dive in to help someone in the water if you aren’t a strong swimmer trained in rescue techniques. Don’t try to provide first aid, including CPR, if you aren’t certified. 
  • Document the scene: Use your phone or other camera to take pictures of the scene, including all boats and objects involved. Make sure to get pictures of all visible damage, especially those that show obvious marks of the accident, including paint traces and blood smears. Also, make sure you get pictures of information on the boats, including their names and registration numbers.
  • Get names and contact information: You want to have the names and contact information for anyone who was involved in the accident or witnessed it. If people won’t give you their names, take their pictures.
  • See a doctor as soon as possible: Even if you don’t think you were seriously injured in a boating accident, it’s a good idea to visit a doctor. Some injuries might not be obvious at first, and knowing what signs to look out for can help you identify them before they worsen. Also, having a doctor document your injuries can help with compensation later. 
  • Report the accident: California law requires that you report boating accidents to the Division of Boating and Waterways (DBW) if the accident resulted in death, disappearance, or serious injury to a person. A report is also required if property damage exceeded $500 or the complete loss of a vessel, no matter its value. You have 48 hours to report accidents that result in the disappearance of a person, serious injury, or death within 24 hours of the accident. You have up to 10 days to report accidents resulting in property damage only or resulting in the death of a person more than 24 hours after the accident.
  • Talk to a boating accident lawyer: Laws related to boating accidents are even more complex than those surrounding car accidents. A boating accident lawyer can help you understand your options so you can get compensation for your injuries. A boating accident lawyer can also help you deal with your insurance company or the insurance company of the boater responsible for your accident.

Once you talk to a boating accident lawyer, they can help guide you through future steps.

Who Is Liable for a Boating Accident in California?

Liability for a boating accident can be complicated because boating accidents themselves are complicated. Each accident will have its own web of liability, so it’s impossible to say who might be liable in your boating accident without a consultation. Often, multiple parties can be held liable in a boating accident. Some of the common individuals or organizations held liable in boating accidents include:

  • Negligent operator of a vessel: The top four leading contributing factors in boating accidents are related to the negligence of a boat operator, including:
    • Operator inattention
    • Improper lookout
    • Operator inexperience
    • Excessive speed
  • Mechanic who performed negligent maintenance work on a vessel: Mechanical failure is another leading contributing factor in boating accidents
  • Owner of a boat who failed to have it properly maintained: A lack of proper maintenance could lead to mechanical failures or a loss of hull integrity
  • Owner of a boat who loaned or rented it to an inexperienced or irresponsible operator: Boat owners have a responsibility to make sure the people they allow to use their boat have the necessary skills to do so safely.
  • Owner of a boat that’s missing safety equipment: If an owner of a boat doesn’t supply it with the necessary safety equipment, they may be liable if people suffer injury or die because of that lack. 
  • Designer of a defective vessel component: If something on a boat doesn’t function as it should, causing or contributing to accidents, injuries, or death, the designer may be liable.
  • Manufacturer of a defective vessel component: The manufacturer of a defective vessel component can also be held liable if it contributes to accidents, injuries, or death.
  • Retailer who sold a defective boat: Retailers have a responsibility to make sure that they practice due diligence in ensuring the safety of the products they sell. 

As you can see, there are many potential parties that might be held liable. Under California’s comparative liability laws, all of them can be held liable, even if you are partly responsible for a boating accident.

Comparative Liability in California

California law follows what is described as pure comparative liability. In this system, after a boating accident, each person is liable for the amount that they contributed to the boating accident. For example, if a boating accident involved three operators who were equally responsible for the accident, each would be 33% liable, and each could sue the other two to get compensation up to about 67% of their damages. California law does not prevent you from suing others when you are partly – even mostly! – responsible for your accident. 

Even if you are 99% responsible for your accident, you can still sue the other party. However, your right to compensation is reduced by the amount of your responsibility for your accident. So, in the case where you are 99% responsible for your accident, you would only get compensation for 1% of your damages from the boating accident, which would most likely not be worth pursuing a lawsuit. 

Comparative liability only applies when a lawsuit goes to trial, which doesn’t usually happen for boating accidents. However, when you are trying to negotiate a settlement, the party or parties you are suing will take the likely comparative liability into account when making offers. So if they think you are 50% responsible for the accident, for example, they will likely only offer 50% of your damages. However, a boating lawyer can help you gather evidence to show that the other parties are more responsible. 

Statute of Limitations for Boating Lawsuits

In California, you typically have two years from the date of an accident to file a lawsuit. If you don’t file your lawsuit within two years of the date of the accident, you will be barred from making a claim for compensation. 

However, you should not wait for that two-year statute of limitations to approach. Evidence that can improve your compensation starts to disappear immediately after an accident. If you wait too long, you might find that you aren’t able to get compensation. Contact a boating accident lawyer soon after an accident to protect your right to compensation.

Jones Act Employee Lawsuits

The Jones Act is a law that covers employees working on ships. Unlike workers’ compensation laws for land-based employees, the Jones Act allows employees to sue their employers for injuries when they are hurt at sea, including in boating accidents. Only seamen are allowed to file lawsuits under this statute. 

Jones Act lawsuits can allow employees injured at sea to recover numerous damages related to their boating accident injuries, including:

  • Medical expenses, such as:
    • Prescription drugs
    • Medical devices
    • Therapy
  • Lost wages
  • Transportation expenses
  • Noneconomic damages

Consulting with a boating lawyer will help you determine if your boating accident injury falls under the laws of the Jones Act. 

How a Boating Accident Lawyer Can Help

Boating accident lawyers can help you navigate the complexities not just of the law but also of how your injury may change your life. Even just taking advantage of a free consultation with a boating accident lawyer can help you better understand your options after your accident, as well as which of those options make the most sense for you. 

When you work with a boating accident lawyer, they can:

  • Tell you how your injuries are likely to progress, including the likelihood of ongoing medical expenses
  • Link your injuries to your boating accident
  • Build a case to show who can be held liable in your boating accident
  • Explain the path to compensation, including how long it can take
  • Give you a general idea of the compensation you might receive
  • Help you figure out ways to cover bills while you’re waiting for your settlement or verdict

This may be your first boating accident, but a boating accident lawyer has likely worked with many individuals who have gone through it before. This means they can talk with detailed knowledge of how other people’s lives have changed as a result of their boating accidents. Their insight can not only help you make decisions after your accident, but it can also help you prepare mentally for different possible outcomes.

Why Choose Fisher & Talwar for Your Boating Accident Lawsuit

Having a boating accident lawyer can help you in many ways, but choosing the right lawyer can make it more likely that you will get the help you need and not simply bring on additional troubles. At Fisher & Talwar, we are dedicated to taking care of our clients – our priority is looking out for you, and when you choose us, you will benefit from our dedication in many ways. 

Personal Attention

Our dedication to our clients is so strong that we give our personal attention to every client. We can do this because we never take on more clients than our partners can handle personally. When you work with Fisher & Talwar, you know that you are always getting the expertise of our best lawyers – you are never handed over to a junior lawyer or paralegal. 

You can trust that whenever we take your case, it’s because we believe we will get you better results than pursuing action on your own or working with another lawyer. We take so few cases that we only pick the ones that we can handle best. If you’re not the right fit for us, we will tell you so, even if that means referring you to another lawyer whose expertise is a better fit for your case.

A Record of Success

When you work with Fisher & Talwar, you are choosing lawyers who have helped people in the aftermath of boating accidents and other tragic accidents. We have won verdicts and settlements for our clients in excess of $6 million for an individual case. We are capable of getting big-figure settlements and verdicts when the circumstances warrant them. 

Insurance companies and other lawyers know our potential, and this can influence their initial offers. 

No Win, No Fee

In the aftermath of a boating accident, the last thing you and your family need is more bills. That’s why we handle boating accident lawsuits on a contingency basis – you don’t have to pay us a fee unless we win money for you. 

No Expenses, Ever

At Fisher & Talwar, we never pass our expenses on to you. When you hire us, we will lay out our fees very clearly, and that one price covers all our expenses.

Other lawyers handle expenses differently. They might add fees on top of their expenses at the end, which can be a surprising extra cost for you. In some cases, lawyers may expect you to pay expenses even when they don’t win money for you. That can mean additional costs for your family without any additional money coming in. Before you hire a lawyer, make sure you ask about expenses as well as fees. 

Contact Us Today

In the aftermath of a boating accident, you might not know how to deal with all your bills when one or more of the family’s breadwinners can’t provide. A boating accident lawsuit can help you deal with these difficulties, paying your expenses and making up for lost wages. Fisher & Talwar is ready to help. Contact us today for a free initial consultation. It’s completely confidential, and there’s no obligation. You can get all your questions answered risk-free.

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