What is an Example of a Boating Accident?

Collisions, drownings, and falls are the most common examples of a boating accident. Operator inexperience is usually the common denominator. In the Golden State, children as young as 12 years old can operate power boats in some cases. The lax policies in this area encourage tourism. But they put people at risk.

When government bureaucrats don’t protect people, a Carlsbad boat accident lawyer stands in the gap. Lawyers work hard to build evidence-based cases that obtain maximum compensation for victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Attorneys also advocate for victims in the statehouse, convincing lawmakers to enact more victim-friendly laws.

Collisions

Inexperienced operators usually assume that driving a car is much the same as driving a boat. For the most part, that’s true. However, cars have brakes. A boat doesn’t stop on a dime. Additionally, cars have tires that grip the road. Boats float.

Many inexperienced operators don’t account for these differences and they go too fast or turn too sharply. Resulting collisions include wrecks with other boats and running-aground wrecks.

These incidents often cause the injuries discussed below. They cause other kinds of injuries as well, such as whiplash. The violent motion of a wreck damages nerves in the cervical spine. This nerve damage, which could include paralysis, is normally permanent.

Drownings

Inexperienced operators have a hard enough time safely operating boats. They certainly cannot multitask as party hosts and safety lookouts. So, man-overboard drownings are common. The jarring motion of a collision sometimes causes such a drowning. Other times, the victim slips off a rolling, pitching, west deck.

Legally, these claims are quite complex. Generally, adult victims were drinking before they fell overboard. As a result, they could be partially responsible for their own injuries, under California law. The assumption of the risk defense may come into play as well. Everyone knows that a man-overboard drowning is a risk on the water. Furthermore, everyone knows that a failure to wear a lifejacket multiplies that risk. Pretty much no one wears lifejackets on party boats.

Falls

A slip doesn’t have to result in a fall overboard to cause an injury. Onboard slip-and-falls could cause serious injuries as well, such as:

• Head Injuries: Physically, the brain is about the size of two clenched fists. So, when victims fall, their brains slam against the insides of their skulls. That violent motion usually causes permanent injuries.
• Broken Bones: Many victims shatter their bones when they fall. As a result, doctors must use more aggressive surgical means to set these bones. Also as a result, physical therapy is longer and more intense. All these items add to the amount of medical bills.
• Internal Injuries: The aforementioned motion also causes internal organs to grind and bump against each other. On the outside of the body, the skin protects people from abrasions. But internal organs don’t have these protective skin layers.

Boat owners usually have a duty of care to create and maintain safe and secure environments for their invited guests.

Speaking of boat ownership, if the tortfeasor (negligent actor) rented a boat, a Carlsbad personal injury lawyer may be able to hold the owner financially responsible for damages, under the negligent entrustment doctrine. The federal Graves Amendment, which limits owner liability in rented vehicle claims, like U-Haul injury claims, sometimes applies in these cases.

Count on a Savvy San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

parks.ca.gov/?page_id=28985