When You’re Faced with The Aftermath of A Boating Accident, What Do You Do?
In California, boating is controlled by Coast Guard regulations and by state laws which are administered
by the state Department of Boating and Waterways. As well, federal statutes known as admiralty laws or maritime
laws often apply to boats outside California’s territorial waters.
Maritime law contains the doctrine of un-seaworthiness. A boat is unseaworthy if it lacks the proper
equipment to allow it to engage safely in whatever trade it’s intended for. Boat operators are required to
have a boating license, for which a boat safety course is required.
In addition to federal maritime law, there are some other federal laws which
protect employees who work on boats: The Jones Act and the Death on the High Seas Act.
What’s Considered A Boating Accident?
A boating accident can be any mishap on a boat involving personal injury or property damage, whether it’s on:
- A privately owned boat
- A cruise ship
- A personal watercraft such as a jet ski or kayak
- A ferry
The most common boating accidents are
- Collisions
- Slipping and falling
- Sinking and/or boat disappearance
Other accidents include:
- Capsizing
- Fire
- Overboard falls
- Explosions
Causes of boating injuries are usually:
- A reckless or careless operator
- An inexperienced operator, or
- Boat malfunctions
Accident Report
If you’re the boat operator, you’re required by law to file a formal,
written report of the accident. If you’re too injured to do it, the boat’s owner must do it.
You must file this report if any of these four conditions obtain:
- A life is lost because of the accident
- Someone is injured and needs medical care beyond first aid
- Your vessel caused damage to property or damage was caused to your vessel
- Anyone on board disappears (under circumstances suggesting possible death or injury)
Time Limit For Filing The Accident Report
- If a person dies within one day (24 hours) of the accident — 48 hours
- If a person is injured and medical care beyond first aid is required — 48 hours
- If there’s only damage to the vessel and/or property — 10 days
If You’re An Injured Passenger
Boating laws are complex. If you’ve been injured in a boat accident, be sure and contact a boating
accident attorney as soon as possible. If negligence or unseaworthiness was involved, there’ll be many facts to
ascertain and delay is never a good idea when evidence needs to be collected.
Some of the facts your boating accident lawyer will ask you about, if you want to file a legal claim, are:
- Was safety equipment available?
- Was it possible to immediately notify medical personnel in case of injury?
- What specific activity was being performed at the time of the accident?
- Where and when was it being performed?
- Did you sign a waiver or release of liability before engaging in the activity?
- How long did you wait before contacting your lawyer?
- Were there any witnesses to the accident?
Further, he’ll want to investigate things that you may not know about, such as:
- Are there any peculiar legal requirements in the jurisdictions where the accident occurred?
- Was any special equipment in use?
- If so, was it properly maintained or was it unsafe or defective?
- Were the boat operator(s) trained in lifesaving techniques, such as CPR?
Boat Insurance
Commercial vessels tend to carry insurance. Private vessels are usually insured either:
- Under a policy that specifically covers the boat, or
- By the owner’s homeowner insurance
In California, boating has become more popular in recent years, and more frequent boating accidents
have been one consequence. If you’ve been injured in a boating accident, lose no time in contacting an
experienced boating accident lawyer, so that you can have the best chance possible of obtaining redress for your injuries.
IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT,
IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.
PLEASE CALL US TOLL- FREE AT 1-888-516-6262
OR CLICK HERE FOR A FREE CONFIDENTIAL CASE EVALUATION
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