Boating with friends and family can be a lot of fun, but if you’re not cautious, it can lead to serious injuries, property damage, and legal disputes. If an accident does occur, determining who is responsible is crucial for victims seeking compensation. At Flahavan Law, we want our clients to understand that liability depends on the accident’s circumstances, those involved’s actions, and any applicable boating laws. We’re here to guide you through the common causes of accidents and advise you on the necessary steps to take in such a situation.
Although boating accidents have various causes, they are often caused by carelessness or disregard for safety rules. That’s why it’s essential to remain alert and cautious when operating a boat. Some common causes include:
Operator Ignorance: Distracted driving can lead to collisions or running aground.
Boating Under the Influence (BUI): Operating a boat with a BAC of 0.08% or higher is illegal and increases the risk of accidents.
Speeding: Moving too quickly impairs control and reaction time.
Failure to Yield Right-of-Way: Not following navigation rules can lead to crashes.
Equipment Failure: Poor maintenance or defective parts can cause accidents.
Who Can Be Held Responsible?
Many people don’t realize that several parties besides the driver can be responsible for a boating accident. These include:
- Boat Operator: If the driver was reckless, intoxicated, or negligent, they may be held accountable.
- Boat Owner: If an owner allows an unqualified person to operate their boat or fails to maintain it properly, they may share liability.
- Passengers: In some cases, passengers whose actions contributed to the accident (e.g., distracting the driver) can be partially liable.
- Boat Manufacturer: If a defective part caused the accident, the manufacturer could be responsible under product liability laws.
- Rental Companies: If they rented out a poorly maintained or faulty boat, they could be liable for damages.
Comparative Negligence in California
California follows a comparative negligence rule, meaning multiple parties can share fault. Even if a victim is partially responsible, they can still recover compensation. Still, their settlement may be reduced based on their percentage of fault.
What to Do After a Boating Accident
If you’re involved in a boating accident, take these steps:
- Ensure Safety: Check for injuries and call for medical help if needed.
- Report the Accident: California law requires reporting accidents involving death, serious injury, or significant property damage.
- Gather Evidence: Take photos, collect witness statements, and document conditions.
- Consult an Attorney: A personal injury lawyer can help determine liability and pursue compensation.
We at Flahavan Law understand that a boating accident can have lasting effects on you and your loved ones. Although navigating the legal fields of the case can be difficult, we are here to support you at every step. That’s why we are dedicated to helping our clients injured in a boating accident navigate their claims and seek the compensation they deserve. Contact Flahavan Law for expert legal assistance to get the justice you deserve.
