No one takes a boat trip expecting to get injured. However, boating accidents can – and do – happen all too frequently.
The good news, though, is that many boat crashes can be avoided. It’s all about knowing what causes boat crashes. So, below, our boat accident lawyers explain why most boat accidents injuries happen, and how to prevent them.
Boat Accidents
A boat accident is any accident, whether it’s personal injury or property damage, occurring on a vessel. Vessels include sailboats, passenger vessels, fishing boats, and larger ships.
Boat accidents typically involve a boat capsizing, crashing into another boat, or hitting an unseen object. It may also involve a fire or other incident onboard, or a passenger going overboard.
Types of Boat Accident Injuries
Boat accidents are complicated. They can involve many types of injuries. However, the most common injuries are:
- Head trauma
- Soft tissue damage e.g. muscle strains
- Cuts and bruises
- Whiplash
- Back injuries
- Drowning injuries e.g. brain injuries
- Broken bones
Some injuries are even more traumatic, such as nerve damage or severe burns. And in the worst cases, injuries result in death or fatal drownings.
Common Causes of Boat Accident Injuries
There are various reasons why boat accidents occur. No two accidents are the same. That said, most injuries are caused by the negligent acts of at least one individual, including:
- Driver
- Boating operator
- Manufacturer
- Other passenger(s)
If you’re injured due to someone else’s negligent acts, then you might have a claim for damages. Damages include, for example, cover for pain and suffering and medical bills.
With that in mind, let’s consider the six most common reasons for boating accident cases.
1. Overloaded Boat
Sometimes, a boat is overloaded with cargo or too many passengers. This can lead to instability which makes a boat more likely to capsize. It’s also harder to safely steer the vehicle. Collisions – and injuries – are therefore more likely.
2. Operator Negligence
A distracted or careless driver can be a liability. If the driver loses focus, they could hit another vessel. They may steer into unsafe waters or even miss a passenger going overboard. Distractions can include:
- Using mobile devices
- Talking to passengers
- Eating and drinking without care or attention
- Listening to music
3. Boating Under the Influence of Alcohol
Alcohol, or drugs, impair reaction times, cause fatigue, and affect judgment. Driving under the influence can result in collisions, driving at uncontrollable speeds, or a failure to stop on time. It can also lead to drunk or intoxicated passengers going overboard.
4. Defective Equipment
If equipment, such as lifejackets, are worn or faulty, it could lead to drowning. And defective boat components may cause high-speed or catastrophic crashes. For example, faulty brakes make it hard to stop or steer the boat safely into harbor. Resulting impact injuries, such as whiplash or head injuries, can be serious.
5. Poor Boat Maintenance
A failure to maintain the boat, or perform regular safety checks, can lead to breakdowns, crashes, and even sinking. Passengers may also injure themselves on damaged walkways, slip on unsafe surfaces, or fall over loose railings.
6. Lack of Driver Experience
Sometimes, boat drivers simply lack the experience to handle the water conditions or the boat itself. They may go too fast, travel in unsafe waters, or drive through dangerous weather. A lack of experience can also result in overconfidence – and taking unnecessary risks.
How to Avoid Boat Accidents
Many boat accidents in California are avoidable. Here are the steps you might take to stay safer on our waterways.
- Follow boating markers, safety signs, and signals.
- Don’t speed. And only ever drive at a speed you know you can control.
- Avoid boating in storms or dangerous weather. Check the forecast before departing.
- Carry safety equipment, such as lifejackets, flares, and fire extinguishers.
- Make sure lifejackets are US Coast Guard approved and free from damage.
- Don’t drive a boat while fatigued or under the influence. And if you have concerns about a driver’s fitness to operate a boat, don’t board.
What to Do After a Boat Accident in California
Boating accidents can be terrifying. So, to help, if you’re in a boat crash, here’s what to do.
- If you’re the driver, stop the boat immediately. Check for injuries or if anyone has gone overboard.
- Call 911 for help. They can dispatch the coastguard if required. Or call the Marine Police if the accident occurred close to the harbor.
- Take pictures or video evidence of damage. This includes property damage – such as damage to the boat – and physical injuries.
- Get witness details, if available. Their testimony can help your case if you claim compensation.
- Seek medical attention, even if you feel fine. Sometimes, serious injuries, such as internal damage, can take time to reveal themselves.
If you are the boat owner, report the accident to California State Parks Division of Boating and Waterways (DBW). You must report within 48 hours if:
- Someone drowns or dies on the boat
- A passenger required medical attention
- Someone is missing
You must report the accident within 10 days if there is property damage worth $500 or more.
Once you have complied with your legal obligations, you should contact a boating accident lawyer. They can advise whether you have a compensation claim and, if so, who to sue.
Time Limits for Claiming Compensation
There are time limits for making personal injury claims. You only have two years from the accident date to claim personal injury damages. And you must sue within three years of the accident date if it’s a property damage claim.
You can claim personal injury and property damage compensation. Our boat accident lawyers can explain the process for making each type of claim.
Why You Need a Boat Accident Attorney
Although you might be tempted to deal with a personal injury claim yourself, you should consider hiring a lawyer. Here’s why.
- Dealing with insurance companies is challenging. And right now, your focus should be on healing – not worrying about complex negotiations.
- It’s sometimes difficult to identify who is to blame for a boat crash. An experienced boat accident lawyer can quickly identify the at-fault party and help you pursue a claim.
- Boat accident claims are tricky to value. A boat injury attorney understands how to prove your claim and pursue the maximum damages available.
When you’re seeking compensation, don’t leave anything to chance. Get the support you deserve by hiring an experienced personal injury lawyer who handles boating accidents.
Free Consultation with Our Boat Accident Law Firm
Have you suffered a boat accident injury? Contact the May Firm. Whether you need a yacht or jet ski accident attorney, we can help.
Our lawyers have the experience and passion to help you secure the damages you deserve. We don’t charge anything unless we win your case – that’s how much we care about helping you. Because to the lawyers at the May Firm, you’re more than just a client.
You become part of the May Firm family. And we will do everything we can to support you at this time.
Do not delay in seeking the justice you may be entitled to. For a free consultation with an experienced boat accident lawyer, contact us today.
