Boating Accidents

Boating Accidents

Boating is a favorite activity for many. While relatively rare, boating accidents often have extreme associated injuries when compared with accidents involving different types of vehicles

BOATING ACCIDENTS OFTEN INVOLVE INTOXICATION:  Boating accidents often occur when there is the consumption of alcohol or other intoxicating substance, such as marijuana. In such cases, any official investigation by government officials must have their incident/accident report ordered early, and thoroughly reviewed for content involving the relative activities of the parties. Many accidents happen during holiday weekends or other celebratory events, such as birthdays, family gatherings, or parties.   

 

BOAT INJURIES MAY BE SUBJECT TO COMMON CARRIER LAW:  Under California law, if you are a passenger paying for boat transportation the driver and owner may be subject to a heightened duty to prevent injury. This is called common carrier law. 

 

If a passenger is injured due to the fault of a boat driver's negligence, there is a special standard of care under California law called the common carrier. California law provides that “[a] carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.” (Civ. Code, § 2100.)

 

In other words, there is a special duty to attend to the care and safety of boat passengers under California law. If you have suffered a boat injury, discuss your case with an attorney to get the full impact of how this will affect the value of your case, and help you obtain the maximum settlement or award before attempting to navigate the case yourself.

BOATING ACCIDENTS OCCUR DUE TO COLLISIONS OR VIOLATION OF SAFETY STANDARDS SUCH AS FAILING TO WEAR LIFE JACKETS:  Boating injuries can also be caused by debris, low-level water levels, and/or collision with swimmers due to the negligence of the driver. Often age or other requirements of the driver create liability in injury situations. 

 

Additionally, all drivers and owners must have a valid registration, and vessel operators must follow all CCR-Title14 and applicable Boating Laws, Lake Perris Posted Orders, Harbors & Navigation Laws, and Federal Inland Navigation Rules.

 

Additionally, injuries can occur when there is a violation of life jacket requirements by the driver. According to the California Department of Parks and Recreation:

 

"Life jackets are the most important piece of safe boating and watersports equipment. According to the Division of Boating and Waterways, most boating deaths happen when people don’t wear life jackets and drown. Today’s life jackets are colorful, comfortable, and easy to wear.

 

The Division of Boating and Waterways recommends that boaters always wear a life jacket no matter how well they know how to swim or operate a boat. You never know when an accident might occur. Once in the water, it is very difficult to locate and put on a life jacket while trying to stay afloat.

 

California law requires that every child under age 13 must wear a life jacket at all times while on a moving vessel of any length. (There are three exceptions: Children are not required to wear a life jacket when they are wearing a harness on a sailboat, when they are in an enclosed cabin, and when they are on a vessel during an emergency rescue.)

 

For more information about boating and life jacket safety please visit the Life jacket page. 

California law requires a person to be 16 years of age or older and in possession of his/her California Boater Card to legally operate a vessel powered by a motor of 15 hp or more, including personal watercraft (PWCs)."

 

Exceptions to this law are:

 

Persons 12 to 15 years of age may operate a vessel powered by a motor of 15 hp or more, including PWCs if they are supervised on board by a person at least 18 years of age and in possession of his/her California Boater Card.


There is no age restriction for operating a sailboat under 30 ft. long (with the wind as the main source of propulsion) or a dinghy used between a moored vessel and shore or between two moored vessels.

 

It is illegal to permit a person under the age of 16 to operate a vessel powered by a motor of 15 hp or more, including PWCs, without onboard supervision by a person 18 years of age or older who has his/her California Boater Card.

 

There are a host of other regulations that govern boating in California as well that may apply to your case, such as carbon monoxide poisoning from the engines, etc. Having a knowledgeable attorney in boating cases will help you obtain a fair verdict for your case, which you may not otherwise be able to do without one.

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