Boat & PWC Injuries
Boat & PWC Injuries
When injured in a boating or personal watercraft incident, you need help to reclaim what has been taken. The initial steps you take after the incident can be critical to a good outcome. The applicable rules and laws are often different than those related to automobiles.
As an avid boater and experienced trial lawyer, Eric Traut has the background and know-how to evaluate your case and the best path forward. Whether the incident was caused by the careless conduct of someone else or a malfunction of the watercraft, Traut Injury Law will thoroughly and aggressively pursue answers and take the necessary steps to obtain maximum compensation on your behalf.
Whether your claim or lawsuit is successful depends on several factors, including the cause of the accident, the actions of the people involved, and whether any laws or regulations were violated.
Common Types of Boating and PWC Accidents:
- Collisions with Other Boats or PWCs: These can occur due to operator inattention, lack of experience, intoxication, or speeding.
- Collisions with Fixed Objects: Accidents where a boat or PWC hits stationary objects like docks, rocks, buoys, or other barriers.
- Capsizing or Swamping: A boat overturning or being flooded with water, often due to high speeds, rough waters, or overloading.
- Falls Overboard: People can fall off boats or PWCs, leading to injury or drowning.
- Grounding: Boats can run aground in shallow waters, causing injuries or vessel damage.
- Propeller Accidents: These occur when someone comes into contact with a moving boat propeller, resulting in severe injuries.
- Mechanical Failures: Equipment malfunctioning, such as engine failure or steering problems, can lead to accidents.
- Weather-Related Accidents: Strong winds, heavy rain, or poor visibility can make boating or riding a PWC dangerous, increasing the risk of accidents.
Legal Aspects of Boating and PWC Accidents in California
The laws governing boating and PWC accidents in California vary depending on where the accident occurs (lake, river, or ocean), but there are several key considerations:
- Negligence and Liability: You can sue if someone else’s negligence caused your injuries. For example, if the boat operator was intoxicated, speeding, or failed to follow safety regulations, they could be held liable.
- Product Liability: If the accident occurred because of a defect in the boat or PWC, you may be able to sue the manufacturer under a product liability claim.
- Operator Requirements: California requires that operators of boats and PWCs have a valid California Boater Card, which involves safety education. Failure to have one may impact liability in a case.
- Laws for Different Waters:
- Lakes and Rivers: Often subject to state and local regulations, including speed limits, wake restrictions, and environmental protections.
- Oceans: Federal maritime laws and Coast Guard regulations may apply, particularly if the accident happens in navigable waters like the Pacific Ocean. These can sometimes supersede state laws.
- Navigable Waters: For waters deemed navigable (usually major lakes, rivers, and oceans), federal maritime law can apply. Maritime law includes specific rules about liability, fault, and damages, which can be different from those in state courts.
- Comparative Negligence: California operates under a system of pure comparative negligence, meaning that if you are partially at fault for the accident, your damages can still be reduced by the percentage of your fault, but you can still recover compensation.
It’s essential to have a clear understanding of the specific circumstances of the accident and how local, state, or federal laws apply. The statute of limitations for filing your claim can also vary based on where the incident occurred.
Steps to Take After a Boating or PWC Accident:
- Seek Medical Attention: Ensure your injuries are treated and documented.
- Report the Accident: California law requires that boating accidents resulting in injury or significant property damage be reported to the California State Parks Division of Boating and Waterways.
- Gather Evidence: Take photographs of the watercraft and any injuries, obtain any law enforcement reports, and obtain copies of all medical records that support your claim.
- Consult Traut Injury Law: This is not the type of case you want to handle on your own. A personal injury attorney familiar with boating accidents, like Eric Traut and his team, can help assess liability, gather evidence, and pursue a claim on your behalf.
