Boating Accident Attorney

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What To Do in Case of a Boating Accident

At the scene, first check on your passengers, if you have any. Then check drivers and passengers involved. If they need medical help, summon the authorities immediately. Don’t move anyone who is unconscious or reports neck or back pain.

File a boating accident form with the California State Parks Division of Boating and Waterways to report any deaths, injuries or significant property damage and request a report on the accident. Get the names and badge numbers of authorities who come to the scene. It may take a couple of weeks to get the Division of Boating and Waterways  to complete the report and make it available for pickup. Most law enforcement agencies charge a fee for the report.

Ask all the boat captains for their names, driver’s license numbers, telephone and address. Take down license plates and insurance information from every boat driver involved. This is a great time to start snapping pictures on your cell phone to help you with documenting all of this information once you are calmed down. If there are witnesses, write down their version of what happened and their information too. Again, you can’t take too many pictures.

What You Should Not Do In Case of a Boating Accidents?

Make sure that you:

• Don’t admit to any degree of fault.
• Don’t speak with the other side’s insurance company without first calling our office. Please keep in mind, the insurance company will want to take a recorded statement to protect themselves, not you. They represent the people that injured you, and they are trying to reduce their financial liability.
• Don’t give a recorded statement to anyone, especially insurance companies, they will use your own word against you later on in the case

What To Do After You Go Home

When you go home or soon after, contact your insurance company and let them know you were in a boating accident. Don’t lie or misrepresent the truthful facts of the accident or they may deny coverage if you’re caught. Obtain a copy of the accident report or contact our office and we can help you with that.

Photograph your boat and any damage to it. It can help a case to show it before the accident, too.

If you are injured, make sure to record visits to doctors and other medical practitioners, the drugs and treatments they prescribe and what you spent on them. Pain and suffering are harder to quantify and qualify, but take notes on how you feel physically and mentally because of the impact of the crash.

Also write down all time lost at work, note what activities at work or home that you can no longer participate in. In your journal, tell how the aftermath of the wreck has affected your family and marital life.

When Can It Be Considered Neglect?

The driver of a boat who injures another party may be considered negligent when he acts in a careless and thoughtless manner. Negligence comes in two forms: when the driver failed to do something that would have prevented the accident, or when the driver did something he should not have done. A lot of distractions are usually considered negligence. For example, using a cell phone while driving is both restricted by law and considered negligent behavior..

California law requires drivers to be careful, and they may be considered negligent when they fail to act carefully. A person bringing a lawsuit must prove he was injured through the defendant’s actions, and that he suffered injuries or losses.

Causes of Boat Accidents

Inattention from the Operator

Although the boater should always stay vigilant about boat spread and position, even the best of them falters. For example, unpredictable weather or unseen objects submerged in the water might increase the chances of boat accidents.

Boating Under Influence

Drunk driving is a threat on both water and land, and California is no exception. However, drug use or alcohol causes the most number of boating accidents. Personal injury attorneys evaluate crash and toxicology reports apart from talking to expert witnesses to determine if alcohol was a cause behind your boating accident.

Bad Surveillance

Sailboats, yachts, and boats use cameras to ensure proper visibility around the vessel’s surroundings. It is essential to take careful note of these camera feeds, a failure of which might result in a fatal accident, including a boat grounding or collision.

Amateur Boaters

Boaters or sailors should have adequate training before they start operating a boat. An amateur boater who is inexperienced in the rules and regulations regarding state law might get involved in a boating accident.

Speeding

Just like speeding is extremely dangerous on land, it is also one of the leading causes of boating fatalities and accidents. Therefore, to avoid collisions and careless accidents while sailing or grounding, a certain speed should be maintained.

Failure of Equipment

Regular checks of boating equipment must be conducted when the boat is at the docks. Once the boat leaves for the sea and disaster strikes due to faulty equipment, victims of boating accidents will be eligible to sue for damages. Therefore, a detailed checklist must be maintained and checked for the boat to safely return from the sea after every sailing adventure.

Violation of Rules

Maritime laws govern almost all waters, and it is very important to abide by them. Unfortunately, although seasoned sailors are adept at following them, amateurs or enthusiasts generally make the mistake of not heeding these laws meant to keep the boaters safe. A failure to follow these laws can result in catastrophic accidents and even deaths.