What is the Most Common Boat Accident?

The most common boat accident is a collision between two vehicles, and California has one of the highest number of collisions in the country. Some of the major causes of boat collisions, and the accompanying liability issues, are outlined below. Other common boat accidents include onboard falls and “man overboard” drownings.

The liability issues related to boat collisions are very complex. Only the most experienced Carlsbad personal injury lawyer can successfully resolve such claims. This resolution is usually an out-of-court settlement, and settlement is a process, not a result. An attorney must thoroughly prepare a case and remain steadfast if, as is usually the case, settlement negotiations stall. This approach guarantees fair compensation for your serious injuries.

Inexperienced Operator

To encourage recreational boating, the Golden State has one of the lowest boat operator licensing requirements in the country. Indeed, many boaters on California lakes, rivers, and coastlines have never even been in a boat before, much less operated one.

These inexperienced operators often assume that driving a boat is much like driving a car. Although the two vehicles have similar controls, they’re almost nothing alike operationally.

Steering is a good example. Most cars and trucks are very responsive. Their tires grip the road, and the road doesn’t move. A boat does not have tires that grip the surface of the water. Instead, a boat floats. Additionally, operating a boat in swift current or choppy water is like driving a car when gale-force winds are blowing.

For a Carlsbad personal injury lawyer, operator inexperience could involve third party liability. Owners, like owners of rented boats, are vicariously liable for damages if they knowingly allow incompetent operators to use their motor vehicles, and these incompetent operators later cause wrecks or other damages.

Because California’s license requirements are so low, an operator who barely meets the minimum requirements is arguably incompetent, especially if environmental conditions are challenging or the boat traffic is unusually high, like it normally is on the Fourth of July weekend.

Operator Impairment

Speaking of the Fourth of July, for many boaters, alcohol consumption and boating go hand in hand. Alcohol impairment begins with the first drink. This impairment includes clouded judgment and slow motor skills. Therefore, impaired boaters can’t make good decisions, like estimating the distance between vehicles, and cannot react quickly to changing situations.

Operator distraction is a serious problem as well. As mentioned, boats are difficult to control. Operators who are distracted with other duties, such as watching kinds, can’t focus the way they should.

Usually, a Carlsbad personal injury lawyer uses the negligence per se shortcut in these situations. Tortfeasors (negligent operators) who violate safety laws, like the DUI law, and cause crashes are liable for damages as a matter of law.

Aggressive Boating

Emergency responders often cite impaired boaters, but they don’t usually cite boaters for turning unsafely, failure to keep a proper lookout, and other more subjective aggressive operating violations.

So, the negligence per se rule is often unavailable in these cases. However, the ordinary negligence doctrine usually applies. Generally, boaters have a duty of reasonable care. When they violate operational rules, they also violate their duty of care. Therefore, compensation is available.

This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Rely on a Detail-Oriented San Diego County Lawyer

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

Source:

dbw.parks.ca.gov/pages/28702/files/2016DBW_AccidentStats_Ca_051217.pdf